Rapper Navai avoided a criminal record in Kazakhstan, but the termination of the case does not amount to an acquittal. Lawyer Sergei Zhorin, in an interview with Super, explained how the prosecution of the artist ended and what could prevent him from returning for concerts. This was reported by Qazaqyia.kz citing Kursiv Media.
According to Zhorin, police in the Zhambyl region reported that the case was closed on non-rehabilitative grounds. The decision took into account that Navai Bakirov committed the offense for the first time and actively repented. The prosecutor's office approved the decision.
"This means that criminal prosecution in Kazakhstan has been terminated, but this is not about acquittal or a finding of innocence. At the same time, no guilty verdict was issued, so the artist has no criminal record in this case," Zhorin said.
The issue of future trips to Kazakhstan depends on the expulsion decision. As the lawyer explained, Article 48 of the law "On Migration of the Population" provides for a five-year entry ban for foreigners expelled by a court decision. The period is counted from the day the decision is enforced.
"Therefore, if a court decision on expulsion was indeed made against Bakirov, he will not be able to visit Kazakhstan for the next five years, including to hold concerts," Zhorin noted.
Zhorin also explained whether the story could continue in Russia. The closure of the case in Kazakhstan does not in itself lead to a new case in the artist's home country. At the same time, according to the lawyer, Article 12 of the Russian Criminal Code allows Russian citizens to be held liable for crimes abroad if there is no foreign court decision on the same crime.
"Theoretically, such a possibility exists, but its implementation would require independent procedural grounds and relevant evidence," he emphasized.
Navai was detained on October 13 at the "Kordai" checkpoint while entering Kazakhstan from Kyrgyzstan. According to police, a narcotic substance was found in his car. The rapper's concert in Astana, scheduled for October 14, was canceled citing technical reasons.
On October 15, it became known that the Kordai District Court authorized a two-month arrest of the musician. Police investigated the case under two articles — smuggling and illegal storage of drugs. In Kyrgyzstan, after the detention, an internal review was launched into the artist's passage through control at the "Ak-Zhol" checkpoint.
The Russian Consulate General in Almaty sent a note to the Kazakh Foreign Ministry asking for clarification of the circumstances of the detention and stated its readiness to provide consular assistance. Later, Russian Foreign Ministry spokesperson Maria Zakharova called it a routine consular procedure.