Import of Narcotic Drugs: Criminal Liability and Voluntary Surrender

    Import of Narcotic Drugs: Criminal Liability and Voluntary Surrender

    The importation of narcotic drugs, psychotropic substances, their analogues and precursors into the territory of the Republic of Kazakhstan is prohibited. In exceptional cases, their importation may be carried out in accordance with the requirements established by law and on the basis of the relevant permits. Passengers travelling on international flights should pay particular attention to this requirement. Narcotic drugs are prohibited from being transported by passengers on civil aircraft, both in carry-on luggage and checked baggage.

    The illegal movement of narcotic drugs across the state border of the Republic of Kazakhstan may be classified as smuggling and may entail criminal liability under Article 286 of the Criminal Code of the Republic of Kazakhstan. The type and severity of liability depend on the specific circumstances of the case, including the type and quantity of the substance, the method of transportation and other qualifying circumstances. In addition, the illegal manufacture, acquisition, possession or transportation of narcotic drugs without the purpose of sale may entail criminal liability under Article 296 of the Criminal Code of the Republic of Kazakhstan.

    Voluntary Surrender

    The legislation of the Republic of Kazakhstan provides, in cases established by law, for the possibility of exemption from criminal liability for a person who voluntarily surrenders narcotic drugs, psychotropic substances, their analogues or precursors acquired for personal use.

    At the same time, voluntary surrender does not include situations where prohibited substances are forcibly seized by law enforcement officers or discovered during detention, a search or other investigative actions.

    If a prohibited substance is discovered before screening

    If a passenger discovers before departure or screening that they are carrying a prohibited substance and wishes to surrender it voluntarily, they must not attempt to hide it, throw it away or leave it in a public place.

    At an international airport, the passenger should immediately approach a police officer, a border service officer or an aviation security officer and report the presence of the prohibited substance. Further actions will be carried out by authorized officials in accordance with the legislation of the Republic of Kazakhstan.

    Important! Voluntary surrender does not automatically exempt a person from criminal liability for any actions involving narcotic drugs. The legal assessment depends on the specific circumstances, including the purpose of acquisition, the quantity of the substance, the method of transportation and other relevant circumstances.

    Passengers travelling on international flights are advised to check their carry-on luggage and baggage in advance and not to transport any substances or items whose origin or legality is unknown.

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