NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2022 No. 10

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan under the penal and criminal procedure legislation

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. "About court practice on cases on plunder of firearms, ammunition, arms and explosives, illegal acquisition, carrying, storage, production or their sale, and negligent custody of firearms" of July 21, 1995 No. 4 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 5; of April 21, 2011 No. 1; of April 20, 2018 No. 8):

To add 1) in Item 7 after the word of "expert" with the words "or specialist";

To add 2) with Item 16-1 of the following content:

"16-1. Courts should differentiate the voluntary surrender of weapon, ammunition, explosives and destructive devices provided by the Note to article 287 UK from voluntary issue of these objects before search in the cases provided by part eight of Article 254 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).

Voluntary issue of the specified objects before search in the cases provided by part eight of article 254 Code of Criminal Procedure is not voluntary surrender and does not attract release from criminal liability based on the Note to article 287 UK, but can be recognized based on part two of article 53 UK as court the circumstance commuting criminal liability and penalty.

If person in case of production of search declared availability at it of weapon or other objects, specified in article 287 UK which are stored out of the place of search (in other territory, at other persons, etc.) which detection without its specifying would be impossible, then the specified actions are recognized voluntary surrender and person according to the Note to article 287 UK is exempted from criminal liability under this Article.

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