Article 228 part 1 term. Criminal punishment for drug trafficking

494-FZ) (see the text in the previous edition) b) using the mass media or electronic or information and telecommunication networks (including the Internet), is punishable by imprisonment for a term of five to twelve years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three years or without it and with restriction of liberty for a term of up to one year or without it. 3. The deeds provided for by paragraphs one or two of this article, committed: a) by a group of persons by prior agreement; b) in a significant amount, are punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, and with restraint of liberty for a term of up to two years. years or without. 4.

Article 228.1 part 4 point "d"

Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale - shall be punishable by deprivation of liberty for a term of ten to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convict for a period of up to five years or without it. Article 228.1 part 4 p. "d" is the sale of drugs on a large scale.

Part 3 Art. 30, paragraph "d" part 4 of article 228.1 of the Criminal Code of the Russian Federation is an attempt to sell drugs on a large scale. Article 228.1 part 4 of the Criminal Code of the Russian Federation is presented in the current wording.

What term can be given under article 228, paragraph 1, part 4 d?

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Hello, I was detained with article 228, paragraph 1, part 4. How many years can they be given despite the fact that a person has not been involved, has not been convicted, and is a citizen of another country, can I count on a suspended sentence? Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

Why can they be fired under article 77, paragraph 1 of part one?
What punishment can be given under article 228 part 1 part 2

Lawyers Answers (5)

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Is it possible to hope for a suspended sentence under Part 4 of Article 228.1 of the Criminal Code of the Russian Federation?

If, after assigning correctional labor, restriction in military service, detention in a disciplinary military unit or imprisonment for up to eight years, the court concludes that the convict can be corrected without actually serving the sentence, he decides to consider the imposed punishment conditional. As follows, the court accepts such a decision, when assigning punishment. If a person is already practically serving a sentence, then Article 79 is applied. Parole from serving a sentence of the Criminal Code of the Russian Federation.

Your question: article 228 1 part 4 Hello! Such a question: the girl is accused in article 228.1 part 4, there was a confession, she cooperates with the investigation. Can you count on a conditional? If not, can they give a deferment until her child is 14 years old? Caught in Nefteyugansk, but lives in Tobolsk.

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Article 228, part 1, paragraph 4, paragraph d, how much threatens

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He even admits his guilt that he uses and he was charged with the article part 4 storage distribution on a large scale!!! Is it possible to do something so that it was conditional ??? Lawyer Response: Hello! Large size is based on weight, which means the weight was enough for st. 228.1 of the Criminal Code of the Russian Federation, Article 228.1. Illegal creation, sale or transfer of narcotic drugs, psychotropic substances or their analogues1.

Attention

Illegal creation, sale or transfer of narcotic drugs, psychotropic substances or their analogues - shall be punishable by imprisonment for a term of 4 to 8 years.2. The same acts committed: a) by a group of persons in a preparatory conspiracy; b) c) big size- shall be punishable by deprivation of liberty for a term of 5 to 12 years, with or without a fine in the amount of up to 500 thousand rubles, or in the amount of the wage or other income of the convicted person for a period of up to 3 years.

Article 228.1 part 4 point d how much threatens

Cooperating with the investigation, young 19 years old, good performance. Is it possible for less than 10 years? Lawyer's answer: Criminal Code of the Russian Federation, Article 64.
The purpose of a milder punishment than foreseen for a given sin. If there are exceptional events related to the goals and motives of the atrocity, the role of the guilty person, his behavior during or after the commission of the atrocity, and other events that significantly reduce the degree of public threat of the atrocity, as well as with the active assistance of a participant in a group atrocity to the disclosure of this atrocity, punishment may be imposed below the lower limit provided for by the relevant article of the Special Part of this Code, or the court may impose a more lenient type of punishment than provided for by this article, or not apply additional view punishment provided for as an indefeasible.2.

Article 228.1 of the Criminal Code of the Russian Federation, part 4, clause “D” and p “B”, part 3, article 228.1 of the Criminal Code of the Russian Federation, is the sale of drugs. Article 228.1 part 3 paragraph "B" is the sale of drugs in a significant amount.

Punishment under "B" part 3 of article 228.1 of the Criminal Code of the Russian Federation - imprisonment for a term of 8 to 15 years. Article 228.1 of the Criminal Code of the Russian Federation, part 4, paragraph “G” is the sale of drugs on a large scale.

Punishment under paragraph "G" part 4 of article 228.1 of the Criminal Code of the Russian Federation - imprisonment for a term of 10 to 20 years. The prefix h 3 st 30 - means an attempt. Part 3, article 30, p “G”, part 4, article 228.1 of the Criminal Code of the Russian Federation is an attempt to sell drugs on a large scale.

Punishment under part 3 of article 30, paragraph "G" part 4 of article 228.1 of the Criminal Code of the Russian Federation - imprisonment for a term of 10 to 15 years. Recommendations of a lawyer in Moscow on defense in criminal drug cases are here.

Good afternoon! On a tip from an unknown person, on the topic that I distribute drugs (hash, butyrate and amphetamine), they took me near the house, I had 9 MDMA tablets with a total weight of 3.20, in one cigarette bag. Issued by myself. Frightened and out of ignorance, she said that these drugs were for herself and to treat her friends.

The investigator reclassified storage as an attempt to sell 228.1 part 4 "g". During the investigation, I participated in test purchase, in the club, after which 2 people were arrested, as a group, hucksters. Also at this event, about 100 grams of drugs were found. All this is recorded in the case and is indicated in the indictment.

I'm on a subscription. Certificates from work, a positive reference, registration and reference at the place of residence are all there. At the first meeting, the department of the Federal Drug Control Service received a letter from the authorities that I was actively helping them and correcting myself.

Your question: article 228 1 Hello, my husband was sentenced 2 days ago under article 228.1 part 4 to 10 years and 6 months. 18 years in prison. Please advise what to do. Lawyer Response: Hello. The minimum sentence under this article is 10 years.

In this case, the logic of your spouse's lawyer is understandable. But if you have good reason to contest part 4, then filing an appeal is appropriate.

Your question: A person has been sentenced under article 228.1, part 4, for five years. Can Article 73 be applied to him for a conditional???? Lawyer Response: Hello! According to the provisions of Part 1, Art. 73 of the Criminal Code of the Russian Federation: 1.
The deeds provided for by the first, second or third parts of this article, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) in a large amount, - date of updating: 04/07/2014 See the current version on the website WWW.GARANT.RU © GARANT-SERVICE-UNIVERSITY LLC, 2014 activity for a period of up to twenty years or without it and with a fine in the amount of up to one million rubles or in the amount of the wage or other income of the convicted person for a period of up to five years or without it.
The deeds provided for by the first, second or third parts of this article, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale, are punishable by deprivation of liberty for a term of ten to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convict for a period of up to five years or without it. five.

Article No. 228 of the Criminal Code of the Russian Federation is responsible for regulating the magnitude and type of punishment in the creation, circulation and distribution of drugs. All employees of the judiciary, investigators and other employees of the Ministry of Internal Affairs rely on this provision in the law. This helps to determine how much the discovered reality corresponds to the types of violations indicated in the article. Also, what can be considered a crime and what is not.

The notes reveal the types of indulgences for suspects, and the extent to which it is customary to classify intoxicants found. From the comments given by legal researchers, as well as examples judicial practice can be gleaned useful information about how criminal article 228 works in life.

Article 228 of the Criminal Code of the Russian Federation - its structure

To make it easier to read the continuous text of the article of the law and navigate it, it is enough to structure its content. Thus, article 228 of criminal law consists of the following:

Article number and title. The long title indicates cases that are considered illegal.
Item #1 - Significant size. Lawyers may also call it “Part 1”. There is a listing of illegal activities in relation to drugs and dope, and below - the measures and degrees of responsibility are indicated.
Article 228 - part 2 - Large size. Penalties are postulated for the same illegal acts that are prescribed in part 1, but only the size is already assessed as large.
Part 3 of the article - Extra large size. Again, the principle is repeated - the same actions that are indicated in part 1, but only committed by citizens in very large volumes.
Notes in the amount of 3 points.

Each time, when determining the size of the found criminal material, its value increases, at the same time, the punishment also increases..

After each paragraph and part in the article, those laws are always indicated in parentheses, with the help of which the latest changes, innovations, and editions were made. This applies to official sources of information presented on legislative websites on the Internet.

Before accusing a suspect of committing the illegal manufacture or trafficking of narcotic, psychotropic and other substances, his actions are considered, since we have a law. This must be done in order to:

classify them according to the article standard;
exclude the elements of the crime;
identify mitigating circumstances against the background of the deed;
determine the voluntary delivery of contraband goods, or other types of prohibited products.

Already from the title of the article, we can conclude what should not be allowed according to the norms of the law. Criminal acts in relation to intoxicating substances include:

purchase of substances or plants, mushrooms containing intoxicating substances;
possession of drugs;
processing of prohibited raw materials;
processing or production of psychotropic, its analogues;
manufacture of drugs.

All these types of acts are listed in the eyes of legislators as criminal acts. At the same time, it does not matter whether the storage of narcotic drugs was carried out, or their procurement, the types of punishments and their magnitude will be determined by the judges from the list of liability measures that are presented in this criminal article. The only case in which acts are not considered criminal is the voluntary recognition and surrender of all goods defined as prohibited.

Severity

Based on Note No. 2 to the criminal article in question, it is determined who should approve the sizes of prohibited components and products. The prerogative is given to the Government Russian Federation, as evidenced by the commentary to Art. 228 of the Criminal Code of the Russian Federation.

Types of dimensions found by the investigation teams of the volume of contents of psychotropic products or hard drugs:

large;
especially large.

Dimensions for herbal intoxicating substances or products with their contents (part of Article 228 is indicated in brackets):

significant (part 1);
large (part 2);
especially large (part 3).

These criteria greatly influence the determination of the severity of the guilt of those violators who ignored the requirements of the law.

All analogues of intoxicating human consciousness inclusions in the composition of products are equated to the original products, the derivatives of which they are. This is discussed in Note No. 3, which we study criminal article. And, if the amount of the size is normatively determined according to the standard of the Government, then the level of severity of guilt is found by the judges when considering the case or after the hearing.

Based on Article 15 of the Criminal Code of the Russian Federation, the judge determines the severity, depending on how much the case poses a danger to the outside world and people. The criterion of how serious a crime is can be divided into several levels:

small;
middle;
heavy;
especially heavy.

The first are recognized as unintentional. This category also includes acts committed through negligence. For example, drugs were transported, about which the driver did not know anything, since they were hidden in the structure of the car.

The second type of severity is already moving into the category of intentional actions. This means that here they will always look for the motive, the purpose of the illegal act. For example, a citizen decided to relieve the pain himself and obtained a large amount of pain medication without a prescription from a doctor.

If they talk about a serious crime, then this is definitely intentional, but other people, nature, and animals have already suffered greatly here. An example is the transport of narcotic drugs without proper packaging, their fumes were toxic to workers unloading and loading goods about which they knew nothing.

And finally, the last type of the severity of the crime, committed in a special degree of complexity and destructiveness for the environment. For example, if the bandits forcibly forced teenagers to use drugs in the form of injections. This group also includes cases of repeated illegal actions.

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Measures of responsibility

The norms of punishments of the Criminal Code of the Russian Federation, Article 228 reveals as follows, as indicated in the table below. These are crimes committed in a specific amount, in respect of which the amount of punishment is also established. Or the range within which judges can choose the degree of penalties and deprivations.

The size of the intoxicating substances found	Measures of responsibility
	Cash recovery, rub.		Duty labor	Correctional labor	Deprivation/restriction of freedoms
	Fine	The amount of salary for a period of time
Significant	40 000	Up to 3 months	Up to 480 hours	Up to 2 years	Up to 3 years
Large	500 000	Up to 3 years	–	–	3-10 years/1 year
Extra large			–	–	10-15 years / 1.5 years

Experts argue that the highest measure of responsibility can be assigned to those who have observed actions that aggravate the position of the offender.

So, aggravating circumstances include:

(relapse).
The consequences of what was done were grave.
in the presence of collusion.
The case involves an organized group or an entire community.
The suspect/accused played a particularly key and active role in the criminal case.
Abuse of official rights and duties, official position.
Deception of police investigators and other servicemen in the process of investigating a case.
The illegal act was committed by persons in a state of intoxication with alcohol.

Minors and mentally ill persons are also found guilty if they took part in illegal and illegal events.

But they may be subject to reduced degrees of punishment. All these cases are not prescribed in Art. 228, but are indicated in Art. 63 of the Code of Criminal Law. But their function extends to most varieties of different crimes. This also applies to cases where a person or group of persons is arrested for drugs.

How to get a suspended sentence and achieve a minimum penalty

To receive a suspended sentence, you must meet the following criteria:

criminal liability must be absent in the past;
have multiple extenuating circumstances;
present to the court characteristics from the place of work (or place of residence), where the positive qualities of a person are maximally reflected.

On the first point, it is clear that the accused should not have previous convictions. To do this, it is enough to take a certificate of no criminal record from the department of the Ministry of Internal Affairs. This can be done by a lawyer or a hired lawyer. After an analysis of the situation, a professional expert will be able to approximately say how much they give conditionally to persons who have violated the law for the first time.

Extenuating circumstances may affect which article for drugs will be imputed to the defendant. Because in the legislation on this topic there are also articles from the Code of Administrative Offenses (CAO RF). An example is Article 6.9, which establishes penalties for the fact that the perpetrator used drugs illegally.

If illegal possession of narcotic substances was noticed, then positive characteristics can also save such a person from the colony. These documents are compiled and issued either at the place where the suspect / defendant worked, or such paper can be taken from the housing office, the HOA (from the chairman of the housing association), where the neighbors will sign under the characteristic in support of evidence of a protective petition in favor of the perpetrator.

When defending a lawyer or legal support in a trial, techniques are often used to reduce the degree of guilt of the accused. One of these methods is to take into account the notes that are given by the legislator to the paragraphs of the criminal article. This means a lot for the offender - it means that Article 228 contains the following rules when guilt can be removed or the severity of the crime reduced.

The first variant of relief is exemption from criminal liability. Salvation for the perpetrator may be the imposition of a minimum penalty, if, according to Note No. 1 in the article of the Criminal Code of the Russian Federation, his actions will be:

Voluntary surrender of narcotic substances that have been stored
Active assistance to the investigation.
Contribute to the cessation of a criminal act.
Exposure of those persons who were engaged in the manufacture and supply of intoxicating substances.
An indication of the place where drugs were illegally manufactured or somehow obtained.

But the following factors are an exception here, when the law does not recognize the voluntary surrender of illegal property:

During the detention of criminals.
When production takes place, that is, the direct manufacture of drugs.
In the process of carrying out investigative measures by the services.
At the time of seizure, or detection of the prohibited.

The following circumstances in the life of the defendant can also mitigate the degree of guilt (Article 61 of the Criminal Code of the Russian Federation):

He (she) is the guardian of a minor child (children) or a disabled person.
The respondent is a minor.
Pregnancy of a woman who committed a crime.
Voluntary appearance and admission of guilt.
The application of efforts to assist in solving crimes, identifying those involved, conspiracy, group organization, and more.
Assistance to operational, search and investigative services.
The accused committed the act by reason of reducing the suffering of another person.
The presence of difficult life situations.
Violations committed under coercion, violence, mental or physical pressure.
Financial, official, or service dependence. For example, when a police officer has to infiltrate a group of criminals in order to reach their leader or a source of illegal goods.
A disease that affects the clarity of consciousness and decision-making.
Good reviews from neighbors, work colleagues and others.

These situations can only mitigate the guilt, and not completely cancel it.

The only case when the guilt can be removed is the surrender when the criminal case has not yet been started (open). But if violations of the law have already been identified, related, for example, to the transportation of drugs, or their preparation, then in this case the admission of guilt will be considered only a mitigating circumstance. In addition to Art. 61 of the Code of Criminal Orientation, articles 62 and 64 are still applied, where measures of mitigated punishments are prescribed.

Features of legal commentary

There are in the comments Interesting Facts, allowing you to make references to various federal laws and find the right solution in the investigation of the case. So, regarding how much the punishment will be reduced under mitigating circumstances, there is Law No. 420 of 12.12.2011. If a large amount of marijuana was produced, or possession of marijuana, then you can avoid punishment by handing everything over to law enforcement agencies and confessing to your deed. In these cases, the article of criminal law will allow for the determination of the penalty in a reduced form - by 2/3 or more, if we count from the maximum level of responsibility.

At the moment, there are no changes in articles relating to drugs, namely 228 and 228.1. The last changes were in 2010-2012, but it is likely that in this or next year There will be changes in the law. The policy of criminal articles relating to drugs will move towards humanization. Now let's analyze what project exists today.

Changing Drug Laws

So, the amended Federal Law provides for amendments to articles 228 and 398. So, the words “part one of article 228” will change to “parts one and two 228”. In fact, these changes now cover not one part, but two, the changes, of course, are cardinal, since the qualification already provides for not one act, but several.

Serious changes overtook the sanction of the article. If for a large amount it is now provided for from 3 to 10 years, essentially making the act a serious crime, then the project has a real humanization process that provides for a period of 2 to 5 years. Thus, the act provided for in Article 228 part 2 will no longer be a serious crime, but a medium one.

Humanization has not bypassed the especially qualified staff, which previously was from 10 to 15 years, and now, according to the draft law, it will be from 5 to 15 years. In fact, the maximum term has not changed, but now the judge can give 5 years, both, for example, for large size, and 15. Qualification, of course, will depend on the circumstances and the discretion of the judge, but in fact we can conclude that this really makes a difference. What is it?

The logic looks really very simple. Previously, for a large amount, the maximum term was 10 years. And the minimum term for a particularly large one is also 10 years. Thus, if the difference is only a few grams, then the court could conclude that the crimes were slightly higher in severity and give the minimum period provided for in the sanction. It turns out that if the maximum term has changed to 5 years, then it is necessary to at least shift the minimum in part 3, since with an insignificant difference in size, the corpus delicti can change from qualified to especially qualified, and a person can receive at least for the same act 5 years more, which is not entirely fair.

Let's touch on the issue of other changes. Since the law carries a single draft of changes, it is necessary to touch upon the changes in Article 398, which relate to references to Article 228. Now in this article, the words have also been replaced, where now to add to the first part, the second of Article 228.

The final article of this act was article 3, which states that the law after its publication will enter into force in 3 months.

What changes are envisaged in articles on drugs

There is a separate explanatory note to the draft of this law, which tells us what changes are envisaged in the articles on drugs. This draft law was prepared in pursuance of the instructions of the president, and the real change affected the sanctions, while the rest are more likely to follow from this change.

What do we see today? Now storage is essentially the same category of crime as sale. Judging by it, this is not entirely correct. Storage without sale, in fact, carries a much smaller social danger than sale. Possession implies that the person is likely to use (or sell, but in fact criminal law and the criminal process says that if this is not proven, then this did not happen). The sale itself is much more serious, since public danger is inflicted on wider sections of the population, and after the sale, new crimes may be committed by these persons, since after that they also carry out storage and use, although use is an article in general from the Code of Administrative offenses.

Under such conditions, a person who stores drugs for personal consumption is equated in terms of the severity of this crime with persons who have committed crimes in the field of drug trafficking in organized forms in accordance with the Criminal Code of Russia, liability for participation in a criminal community (criminal organization), which is the highest form of organized crime (part two of Article 210 of the Criminal Code of Russia), provided for in the form of imprisonment for up to ten years, a similar sanction for illegal possession without the purpose of selling narcotic drugs and psychotropic substances on a large scale (part two of Article 228 of the Criminal Code of Russia).

Thus, it can be said that the crime related to the storage of necrotic substances without the purpose of its subsequent sale requires special attention and revision, since it seems that the public danger is less, and the categories of the crime are the same as those that are more serious. We have already decided that for society, the harm from storage is much less than from the same sale.

Humanization of articles on drugs

Let's continue the thought of that explanatory note. It is noted that the persons who were convicted under Articles 228 and 228.1 are drug addicts. Here it is worth mentioning the aspect that they store these narcotic substances for use due to the fact that they are sick, namely addicted to narcotic substances. Here the conclusion suggests itself that the crime is committed due to the fact that a person is sick.

If you look in this vein, then the law should look at this position from the point of view that a person must be encouraged to stop using drugs so that a person from a drug-addicted lifestyle can return to a normal rhythm of life.

It is worth noting that many courts follow the application of the law in a humanistic form. So in the minimum number of cases, the term was within the limits of sanctions, and the case with the appointment of a maximum term can be easily calculated at all. In the vast majority of cases, however, judges imposed sentences below the low limit of the term, that is, less than 5 years, using special mechanisms provided for in the Criminal Code of the Russian Federation.

Looking from this side, it is also impossible to say that this practice is correct. An exceptional mechanism is usually provided in order to really work in exceptional cases. But in practice, everything turned out right, on the contrary. This circumstance also served as a serious circumstance for the development of a new law. Thus, we can say that the transfer of a crime to a lower level of severity is caused simply by necessity.

Mitigation of articles 228 and 228.1 of the Criminal Code of the Russian Federation

These changes, according to the idea of the legislator, should not only bring the norms of the Criminal Code into a logical order, but also implement a practice that involves curing people from drug addiction. The state is much more profitable if a person does not go to a correctional institution, but lives an ordinary life. In a correctional institution, the state has to spend money on it, and living a normal life will be the opposite, the person will pay taxes in favor of the state.

It turns out that the new norms proposed in the Criminal Code should theoretically fulfill the tasks of combating drug addiction and crime in this area. The implementation of such a strategy requires time resources, which is why the draft law clarified that the law will enter into force only 3 months after its publication. Nevertheless, as noted, even the resources will not actually be needed, since neither the construction of additional institutions nor the financing of the project is required, since in fact only the sanctions that the judges will impose have changed.

On the other hand, this will even benefit the state, since it will have to support much fewer drug criminals, since now they will be sitting much less.

The policy of Criminal Law should work not for intimidation by terms, otherwise all crimes would be especially serious, but for the correction of the convict. If the convict really reforms, then this will benefit not only the convict himself, but also society, which is harmed by criminals, including those who commit crimes under Articles 228 and 228.1 of the Criminal Code of the Russian Federation.

Important! For all questions of drug leniency, if you do not know what to do and where to turn:

Call 8-800-777-32-63.

Lawyers on, and lawyers who are registered on Russian Legal Portal will try to help you with practical point view in the current issue and will advise you on all issues of interest.

(as amended by Federal Law No. 18-FZ of March 1, 2012)

1. Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, -

shall be punishable by deprivation of liberty for a term of four to eight years, with or without restraint of liberty for a term of up to one year.

2. Sale of narcotic drugs, psychotropic substances or their analogues, committed:

a) in a pre-trial detention center, correctional institution, administrative building, construction for administrative purposes, educational organization, sports facilities, railway, air, maritime, domestic water transport or underground, in public transport or premises used for entertainment or leisure;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

b) using the mass media or electronic or information and telecommunication networks (including the Internet), -

shall be punishable by deprivation of liberty for a term of five to twelve years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

3. The deeds provided for by the first or second parts of this article, committed:

a) by a group of persons by prior agreement;

b) in a significant amount, -

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to 500 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

4. The deeds provided for by the first, second or third parts of this article, committed:

a) an organized group;

b) by a person using his official position;

c) by a person who has reached the age of eighteen, in relation to a minor;

d) on a large scale, -

shall be punishable by deprivation of liberty for a term of ten to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years or without.

5. The deeds provided for by the first, second, third or fourth parts of this Article, committed on an especially large scale, -

shall be punishable by deprivation of liberty for a term of fifteen to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years, and with a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years or without it or life imprisonment.

Legal practice under Art. 228.1 of the Criminal Code of the Russian Federation

Criminal case under article 228.1 part 2 of the Criminal Code of the Russian Federation (illicit sale of narcotic drugs)

The principal was chosen as a measure of restraint in the form of detention. The defense side, during interrogations, pointed out that the principal kept the seized narcotic drug not for the purpose of sale, but for the purpose of personal consumption. The trustee had no intent to sell. The investigator agreed with the arguments of the defense and reclassified the actions of the principal to Part 1 of Article 228 of the Criminal Code of the Russian Federation. The principal filed a petition for consideration of the criminal case in a special manner.

The court, having considered the criminal case in a special order, issued a sentence not related to deprivation of liberty.

Criminal case under part 1 of article 228.1 of the Criminal Code of the Russian Federation (illegal acquisition and storage of narcotic drugs on a large scale)

A criminal case was initiated on the fact of illegal acquisition and storage of narcotic drugs on a large scale.

The lawyer entered the case when his client was summoned to law enforcement agencies for questioning.

After the indictment, the materials of the criminal case were provided to the defense for review. In the course of familiarization with the materials of the criminal case, it was revealed significant violations criminal procedural legislation in the preparation of documents.

The lawyer filed a motion to terminate the criminal prosecution against his principal, indicating the violations committed. law enforcement agencies a decision was made to terminate the criminal prosecution due to lack of evidence of guilt.

Criminal case under article 228.1 part 1 of the Criminal Code of the Russian Federation (illicit sale of narcotic drugs)

The lawyer entered the case at the stage of preliminary investigation. The line and tactics of defense were determined in the criminal case.

The principal was interrogated in the case, and a measure of restraint in the form of detention was chosen for him. When the charge was brought in the final edition, the principal indicated that he fully admits his guilt and petitioned for consideration of his case in a special manner.

The court, having considered the case in a special manner, based on the identity of the defendant, applied Article 64 of the Criminal Code of the Russian Federation and imposed a lower sentence, in the form of 3 years in prison.

Criminal case under part 1 of article 228.1 of the Criminal Code of the Russian Federation (illegal acquisition or possession for the purpose of selling narcotic drugs on a large scale)

A criminal case was initiated on the fact of illegal acquisition or storage for the purpose of selling narcotic drugs on a large scale (punishment from 4 to 8 years in prison).

The lawyer entered the case when his client was questioned as a suspect. Subsequently, charges were brought on three counts of illegal sale of narcotic substances.

Thanks to the competent actions of the lawyer, both during the preliminary investigation and in court, it was possible to prove that the actions of his client were qualified by the prosecution incorrectly. The court reclassified the actions of the defendant to part 5 of article 33, part 1 of article 228 of the Criminal Code of the Russian Federation (punishment up to 3 years in prison), but since there was no large amount of narcotic drugs from which criminal liability arises, for all three episodes of the criminal case were acquitted.

by a group of persons by prior agreement; b) in a significant amount - 4. The deeds provided for by the first, second or third parts of this article, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale, -

Article 228 of the Criminal Code of the Russian Federation: punishment

Article 228 contains not only sanctions for drug trafficking, but also some explanations. In particular, the possibility of exemption from liability is noted if a citizen voluntarily handed over the available drugs. In the event that a person was detained and one of the funds specified in the disposition of the article was confiscated from him, this is not considered a voluntary surrender.

Article 228 of the Criminal Code of Russia: all parts and terms of punishment

In the official provisions of Russian legislation, the process of using narcotic drugs without a special prescription provides only for an administrative penalty - a fine. But, when considering the case of the accused, paragraphs of Art. 228 of the Criminal Code. And this entails illegal actions for the acquisition, storage or transportation of intoxicating compounds. The found substances are considered in large, especially large or significant volumes. This does not take into account the sale of goods.

Article 228 part 1 punishment 2019

- upon conclusion pre-trial cooperation agreement if the relevant article of the Special Part of this Code punishable by life imprisonment or the death penalty these penalties do not apply. However, the period may not exceed two thirds maximum term.

Amendments to the Criminal Code of the Russian Federation 2019 Article 228

Accordingly, it is necessary to more actively apply to such persons the mechanisms of legal incentives to give up drug use in order to return drug users to a normal lifestyle in a timely manner. The foregoing fully indicates the need to transfer the least dangerous crimes related to the possession of drugs without the intent to sell them into the category of less serious ones.

Article 228 part 1 of the Criminal Code of the Russian Federation

The sizes are set based on the category to which the prohibited substance belongs. An example is the maximum weight of the most common psychotropics and drugs. So, for marijuana, 6 grams are a significant size, and for heroin, which is stronger and more dangerous in its effects, it is only 0.5 grams.

Part 2 article 228 of the Criminal Code of the Russian Federation

Unauthorized production, acquisition, storage and transportation of these funds are criminally punishable acts: the article applies to cases where large amounts of funds were seized during detention or during the investigation. The use of psychotropic and narcotic drugs without a doctor's prescription is also an offense and is punishable by law. This is due to the fact that their uncontrolled use leads to addiction and the rapid destruction of health, and then to physical and moral degradation, creates a convenient environment for committing various crimes. For this reason, in order to preserve the health of the population and reduce the number of crimes committed while intoxicated, severe restrictions were introduced at the legislative level in the sphere of circulation of psychotropic and narcotic drugs. A criminal who violates the state ban on drug trafficking encroaches on the health and life of other people, since people who are addicted to drugs subsequently become unable to give them up, for the sake of them they can commit any crime.

Amendment of drug legislation Articles 228 and 228

Article 228 of the Criminal Code of the Russian Federation Drugs and the Law

This article (Chapter 25), according to the law, in original version started operating in June 1996. After that, it was necessary to adopt many more amendments, but 20 years ago, June became the beginning of this rule. As early as December 1988, the fight against the illegal acquisition, storage, transportation, and manufacture of narcotic drugs began - the international UN Convention was signed, which guided the development of the fight plan, where the focus was on drugs and their illegal acquisition, storage, transportation, manufacture.

Article 228 of the Criminal Code of the Russian Federation

Article 228 of the Criminal Code is one of the main norms of Russian legislation regulating the sphere of circulation and use of narcotic drugs. What types of liability does it include? Is it possible to be convicted under Article 228 of the Criminal Code of the Russian Federation just for drug use?

Article 228 part 1 - What does it “shine” for me? Do you need a lawyer

I agree that without knowing the case, it is not possible to say whether it makes sense to contact a lawyer or not. a more severe punishment than 3 years in prison will not be assigned to you. but also don’t rely too much on the fact that your punishment will be considered suspended, since a preventive measure in the form of detention has been chosen against you! it plays a big role! but still, in theory, such an option is possible that the punishment will be conditional, you can, of course, not lose hope for this. But nevertheless, in order for the term of imprisonment to be less, it is necessary to say in court that you actively contributed to the disclosure and investigation of the crime, if there are young children, then about this too, if there are dependents who are incapacitated, also do not be silent about it (provide supporting data fact documents), if you have health problems, you must provide a certificate, say that you have not previously been convicted, also provide references from your place of work, residence, leisure activities, if there are diplomas for achievements in sports and other areas, also provide.

Article 228 of the Criminal Code of the Russian Federation

Analogues of narcotic drugs and psychotropic substances include substances of synthetic or natural origin prohibited for circulation in the Russian Federation, not included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, the chemical structure and properties of which are similar to the chemical structure and properties of narcotic drugs and psychotropic substances, the psychoactive effect of which they reproduce.

Changes in 2019 article 228 part 2

The Council made a decision at meetings State Duma on Fridays to consider draft laws in the first reading in accordance with part 7 of article 118 of the State Duma Regulations at a fixed time (17 hours 30 minutes). The Council adopted a decision at a meeting of the State Duma on March 10, 2019, draft federal law N1015271-6 “On Amendments to the Law of the Russian Federation “On Protection of Consumer Rights” in terms of establishing additional consumer guarantees” (first reading)

Criminal Code (Article 228 of the Criminal Code of the Russian Federation, as amended

shall be punishable by a fine in the amount up to 40 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three months, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by restraint of liberty for a term of up to three years. or imprisonment for the same term.

Article 228 h1 of the Criminal Code of the Russian Federation

Due to the fact that narcotic substances are actively used in medicine and chemical production, the inhabitants of the country have the opportunity to access them in a given situation. If such a need arose, then in the second note to Article 228 part 1 of the Criminal Code of the Russian Federation it is stipulated what quantity of psychotropic substances belongs to “large sizes”. We are talking about an amount ten or more times greater than the one-time rate required for each specific case: treatment, production, etc. If there are questions about the amount of specific drugs or substances, in order not to get into a mess, it is advisable to consult with lawyers who have professional knowledge of how the content Article 228 part 1 of the Criminal Code of the Russian Federation, and one-time norms determined by the Government of the Russian Federation.