228 clause of the Criminal Code: punishment. Article 228, part 1, part 2, part 4 of the Criminal Code of the Russian Federation

In the field of chemistry, there are many compounds that are used now or used previously in medicine. In addition, many by-products of chemical reactions have become narcotic drugs that have been launched into the broad masses illegally.

In the event that intoxicating or psychotropic drugs are acquired, stored or sold, the person who commits these acts is criminally liable. It is not considered a crime to sell or use narcotic drugs for medicinal purposes.

Letter of the law

In the Criminal Code, there are several articles related to the unauthorized use of drugs. They include 228 articles of the Criminal Code of the Russian Federation. According to this provision, responsibility comes in the manufacture, acquisition or storage of narcotic drugs themselves, as well as their precursors and analogues or plants that contain these same substances. In this case, the person who performs these actions is not a medical institution or a pharmaceutical plant.

The value for proper qualification is only the number of drugs. Unlike similar provisions, which also refer to narcotic drugs, Article 228 of the Criminal Code does not affect the sale of substances that are not carried out by persons authorized to do so.

Depending on the amount of money found and seized, punishment is imposed on the guilty person. There is a significant, large and especially large amount of drugs. It should be noted that Article 228 of the Criminal Code of the Russian Federation is less than a significant amount not considered a crime. However, for many drugs or chemical compounds, a mass that is not prohibited by law is so small that one can talk about a complete ban on the turnover of these substances.

Part 1. Acquisition

It is necessary to pay attention to the very wording of the crime, which is contained in article 228, part 1 of the Criminal Code of the Russian Federation. According to the code it is forbidden to purchase, store, transport, manufacture and process drugs.

Under the acquisition, the legislator means not only the transfer of substances for money, but also in other ways: free of charge, instead of a service or information. Gratuitousness of the transaction in this case does not exempt from liability, since the defining means is the narcotic drug (in any form), and not the finance. Even if a citizen has found drugs, this is considered one of the types of acquisition.

Part 1. Storage

If illegally obtained substances that are drugs of intoxicating or psychotropic effects simply lie in a certain place and with them no actions are taken, this is considered storage.

Article 228, part 1 of the Criminal Code of the Russian Federation provides for situations where narcotics that must be located in special places designated for them under special conditions are located with a private person. As a rule, the perpetrators do not have the rights and authority to keep the substances banned to free circulation on the territory of Russia.

Part 1. Transportation

Drug trafficking is also prosecuted by law. As in the case of storage, the movement of substances must be carried out only by authorized persons. In addition, any medical product has temperature and other conditions under which it can be stored and transported so as not to lose its properties.

Part 1. Manufacturing

Article 228 provides for the very process of preparing narcotic mixtures, in contrast to other articles dealing with production. Manufacturing is not a mass one, the substances obtained as a result are used or planned for use by a limited number of persons. Production is a larger-scale systematic process aimed at obtaining a large number of drugs.

Part 1. Recycling

Often cunning drug addicts collect the necessary remedy in parts, mixing certain ingredients. In this case, in order to separate the processing from the manufacture, it is to be understood that the components themselves are already narcotic drugs, but for certain reasons they are not used by specific individuals. To obtain the necessary effect, drug users have to perform special treatment of substances, which not only does not reduce the properties, but also multiplies the psychotropic effect.

Part 2

Article 228, part 2 of the Criminal Code does not at all resemble the same sub-sections of the rest of the Criminal Code.

As mentioned earlier, only the quantity of narcotic drugs is relevant for the qualification of this article. The second part provides for a crime committed on a large scale. Thus, the acquisition, transportation and other actions are committed by the offender in relation to drugs, whose mass is several times greater than the amount of substance in the first part.

Accordingly, Article 228, Part 2 of the Criminal Code does not contain indications of who exactly commits a crime. As a rule, those who do this for themselves, not for sale or any other form of sale, are guilty.

It is important to understand here that criminal liability occurs even if a drug with a narcotic effect is found in the amount necessary for use by only one person in the amount of one or more doses of the substance.

Part 3

The particularly large amount of substances that are the subject of the crime, which provides for article 228 of the Criminal Code of the Russian Federation, implies the presence of a large number of drugs in relation to the minimum punishable. For each psychotropic drug or drug with intoxicating properties, there is a threshold of quantity, that is, there is no single measure. For example, for anasha, a very large size will be 10,000 grams of the volume of the facility, and a significant amount - only 2 grams. Illegal turnover of cannabis in Russia is considered particularly large in terms of product volume of 100 thousand grams, and large - only 100 grams.

Differences from other norms

The next position in the code in the code contains more positions than article 228. Part 4 of the Criminal Code in Article 228.1 also provides for punishment for a major drug trafficking. However, here we are not talking about our own use, but about selling (or other forms of marketing).

In addition to the subjects of the crime, which are not designated by Article 228, part 4 of the Criminal Code of the Russian Federation, Article 228.1 indicates the following composition:

- 18-year-olds in relation to minors;

- citizens holding a position;

- An organized group.

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Criminal articles can not be considered without other supporting documents explaining many standards and rules. So, there is a list of all substances, precursors and plants that have a psychotropic and narcotic effect established by the Government of the Russian Federation in the federal law "On narcotic drugs and psychotropic substances". Difficulties of applying this list are that new substances appear that have a stupefying, and often strong psychotropic effect, characterized by persistence, force of influence and instant addiction.

The introduction of a new chemical or herbal drug into the list takes a long time. In the meantime, while the substance is being examined, it will spread to a large territory. Therefore, to date, the task of the legislator is to take into account these points and contain a unique description of the substance (including the chemical name), under which any narcotic drug could be suitable.

Punishment on Part 1

For a crime committed in relation to life and health, the perpetrator must bear criminal responsibility. Its scale depends only on the amount of narcotic drugs that hit a citizen and are also used (or planned for use).

For a significant amount of the drug, expressed in grams, without recounting to the active substance, as stated in Article 228 of the Criminal Code, the punishment may be in the following versions:

- fine up to 40 thousand rubles;

- Compulsory work up to 60 days (with a working day - 8 hours);

- correctional labor up to 2 years;

- restriction of freedom to 3 years or imprisonment for the same period of time.

In this case, each type of punishment should be applied separately. For example, a guilty person is only fined or only imprisoned.

The punishment for part 2

Drug trafficking under Article 228 on a large scale entails more severe sanctions - staying in a colony for a period of 3 to 10 years with a fine of up to 500 thousand rubles with restriction of freedom (or without it) to 1 year. It should be recalled that restriction of freedom in this context means the possibility of applying coercive measures on the type of administrative supervision after serving time.

The punishment for part 3

For illegal circulation of substances acting on the nervous system and human self-awareness, in a fairly large amount the legislator has established the same type of punishment as for a large amount. Differences consist in the term of imprisonment - from 10 to 15 years - and the term of restraint of liberty - up to one and a half years.

The fine, which is applied in conjunction with the deprivation of liberty, is also 500 thousand.

Voluntary surrender

Article 228 contains not only sanctions for drug trafficking, but also some explanations. In particular, there is a possibility of exemption from liability if the citizen voluntarily surrendered the available drugs. In the event that a person has been detained and one of the means indicated in the dispositions of the article has been withdrawn from him , this is not considered a voluntary surrender.

If the citizen was going to the law enforcement agencies with drugs for surrender and on the way he was stopped by police officers to check documents, it is necessary to voice his intentions. This must be done before possible detention on any grounds, otherwise during a search (if it is suddenly produced) the drugs found will be the basis for initiating an investigation into the criminal case. To prove in this case that the voluntary surrender was planned is almost impossible.

Scope

When a drug is found in an individual, it can be very difficult to prove that the drugs were intended for sale. People who are somehow connected with this sphere are aware of possible sanctions, so they will insist that they did not have a goal to sell the substances, that is, there was no intention to sell drugs.

Comparing part 3 of Article 228 of the Criminal Code of the Russian Federation and part 4 of Article 228.1, one can see that if there is a large size, the deprivation of liberty in the first case is up to 15 years and a fine of up to 500 thousand rubles, in the second - up to 20 years and a fine of up to 1 million rubles. Accordingly, different deadlines and fines are assigned for the same volume. However, in the first case (according to Article 228) there is no purpose for marketing, and therefore the perpetrator, to whom the act under this article is incriminated, is not as dangerous to society as one who intended to sell drugs in the same amount.