of July 21, 1995 No. 4
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
Having discussed court practice on cases on plunder of firearms, ammunition, arms and explosives, illegal acquisition, production, carrying, storage or their sale, and negligent custody of firearms, the plenary session of the Supreme Court of the Republic of Kazakhstan notes that courts generally correctly resolve cases of this category.
At the same time, courts not always in due measure consider that these criminal offenses belong to the category of the most dangerous and pose serious threat of public safety, first of all, to life, health and the rights and interests of citizens protected by the law, and use of objects of encroachment in criminal objectives quite often leads to heavy effects.
For the purpose of establishment of single court practice for this category, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. Considering that the criminal offenses connected with plunder of firearms, ammunition, arms and explosives, illegal acquisition, production, carrying, storage and their sale pose serious threat for public safety, for the purpose of the warning of criminal offenses to courts it is necessary to increase the level of legal proceedings, to take the punishments prescribed by the law effective measures to inevitability, to identification of sources of acquisition of firearms and ammunition, arms and explosives, and also establishment and elimination of the facts of their inadequate protection or production on production and other reasons and conditions promoting making of these criminal offenses.
Courts shall react essentially private resolutions to each fact of the negligent relation to firearms saving officials to whom it is entrusted on service, leaving without protection or the inadequate equipment of storage locations of firearms, ammunition, arms and explosives, violation of procedure for their accounting, issue, transportation, their wrong use and application, in each case to discuss question of accountability of those officials, action or failure to act of which promoted making of criminal offenses.
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