On crimes related to the illegal circulation of electronic consumption systems (vapes)

An interdepartmental meeting was held at the General Prosecutor's Office with representatives of the Financial Monitoring Agency on the issue of liability for the illegal import of vapes.

Under the Law of the Republic of Kazakhstan dated April 19, 2024, “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Healthcare Issues,” the Criminal Code has been supplemented with Article 301-1, which concerns liability for the circulation of smokeless tobacco products, electronic consumption systems (i.e., vapes), flavorings, and liquids for them.

Part two of this article provides for criminal liability for the import of vapes into the territory of the Republic, regardless of their quantity.

Since the beginning of the year, 16 cases of vape importation have been registered, of which 9 have been submitted to court, and the remaining are under investigation.

For example, a 24-year-old citizen of Kazakhstan was put on trial, accused of illegally importing 5 vapes.
By verdict of the district court, she was sentenced to 1 year of restricted freedom.

At the same time, analysis has shown that the public is not sufficiently informed about the existing criminal liability for importing vapes.

In this regard, under the instructions of the General Prosecutor’s Office, transport prosecutors have carried out large-scale awareness campaigns at airports, railway stations, and customs checkpoints: banners and video materials have been displayed, and drop-off boxes have been installed for the voluntary surrender of vapes.

Following the start of the campaign, no new criminal cases related to vape importation by citizens or tourists have been registered.

The Prosecutor’s Office clarifies that the import of vapes into the territory of the Republic, regardless of quantity, constitutes a criminal offense punishable under Part 2 of Article 301-1 of the Criminal Code of the Republic of Kazakhstan, with penalties of up to two years of imprisonment.

 

Press Service of the Prosecutor General's Office