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Tengrinews.kz - The Supreme Court of Kazakhstan has acquitted a previously convicted citizen, citing the Prosecutor General’s Office.
The court reviewed the case of Sergey Khudyakov following an appeal by the Prosecutor General. He had been sentenced to four years in prison by the Zhambyl District Court in the Zhambyl region for the illegal cultivation of cannabis. The district court had classified his actions under Article 300, Part 2, Clause 3 of the Criminal Code as the deliberate illegal sowing and cultivation of plants containing narcotic substances on a large scale.
The Supreme Court found that the lower court had unlawfully expanded the charges by adding accusations of sowing and cultivating plants, violating the requirements of the Criminal Procedure Code.
"Case materials confirm that Khudyakov was not involved in breeding or improving cannabis varieties, nor did he develop new methods for cultivating the plants. He simply planted seeds and occasionally watered the plants, which does not qualify as cultivation. Therefore, his actions do not constitute a criminal offense," the statement explained.
The Supreme Court agreed with the Prosecutor General’s arguments and acquitted Khudyakov, informing him of his right to rehabilitation.
According to the report, over the past year, 10 people have been acquitted following appeals by the Prosecutor General, while sentences for another 100 convicts have been reduced.
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