Criminal Code of the Russian Federation Article 228 Part 1. Differences from other norms

The difficulties of applying this list are that new substances appear that have an intoxicating, and more often a strong psychotropic effect, characterized by persistence, strength of impact and instant addiction. Adding a new chemical or herbal drug to the list takes a long time. In the meantime, while the substance is being investigated, it will have time to spread over a large area. Therefore, today the task of the legislator is to ensure that the Federal Law takes into account these points and contains a unique description of the substance (including the chemical name), which could fit any narcotic drug. Punishment under part 1 For a crime committed in relation to life and health, the perpetrator must be held criminally liable.

What is the punishment for a repeated violation under Article 228 Part 1 of the Criminal Code of the Russian Federation?

Article 56 of the Criminal Code of the Russian Federation states that for a crime of little gravity, if it is committed for the first time, imprisonment cannot be imposed as a punishment, with the exception of Article 228, part 1. Therefore, going to jail under this article, even if you got caught with drugs for the first time, is a very real option.

In order to avoid criminal liability, it is necessary to know all the criteria and factors, taking into account which the sentence is passed. Is it possible to avoid criminal liability The law provides for the possibility of exemption from criminal liability for an offense falling under Article 228.
The footnote to the article contains a description of the conditions, the fulfillment of which will help to avoid punishment. Exemption from criminal liability under Art.

Article 228 part 1, what is the punishment for re-engagement?

The Criminal Code of the Russian Federation provides for situations where drugs, which must be kept in specially designated places under special conditions, are located with a private person. As a rule, the perpetrators do not have the right and authority to retain substances that are prohibited for free circulation on the territory of Russia.

Part 1. Transport Transportation of drugs is also punishable by law. As with storage, the movement of substances should only be carried out by authorized persons.

In addition, any medical preparation has temperature and other conditions under which it can be stored and transported so as not to lose its properties. Part 1. Manufacture Article 228 provides for the very process of preparing narcotic mixtures, in contrast to other articles that talk about production.

If, under Article 228 of the Criminal Code of the Russian Federation, he was caught for the first time

Any form of illegal manufacture, storage, processing and transportation of prohibited substances that have an intoxicating effect on a person is prohibited. Manufacture and processing are understood to mean any activities necessary to obtain a narcotic drug.
According to Art. 228, part 1, the use of psychotropic and narcotic drugs without a doctor's prescription and all operations with drugs prohibited for free distribution are criminal offenses. But the first note to the article says that if a person, regardless of whether he accidentally or knowingly violated the law, surrenders the drugs he has voluntarily and takes Active participation in the discovery of other persons carrying out illegal drug transactions, as well as in the discovery of their profits, then he has a chance of being completely exempted from liability.

Articles 228 and 228.1 of the Criminal Code of the Russian Federation. terms of punishment.

For crimes small and moderate under Article 228, a suspended sentence of 2 months to 4 years is assigned as the main punishment. For a crime that qualifies under part 1 of article 228, the maximum term of restriction of freedom is 3 years.

Attention

Correctional labor is not a prison sentence, the convict remains at large and deducts up to 20% of his income to the state. A person continues to work in the same place, and if at the time of sentencing he does not have a job, then the penitentiary commission provides him with it.

The amount of deductions is established by the court. Compulsory work is also carried out at the place of residence, after study or main work, up to 4 hours a day.

There is another type of work - compulsory, which resembles imprisonment, but they are not provided for in this article.

What threatens Article 228, Part 1 for the “first time”?

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

Important

If intoxicants or psychotropic drugs are acquired, stored or sold, the person who commits these actions bears criminal liability. The sale or use of narcotic drugs for medical purposes is not considered a crime.

The letter of the law There are several articles in the Criminal Code related to the unauthorized use of drugs. Among them is Article 228 of the Criminal Code of the Russian Federation. According to this provision, liability arises in the manufacture, acquisition or storage of narcotic drugs proper, as well as their precursors and analogues or plants that contain these same substances.

Repeated violation of the probation under article 228ch2

For psychotropic and narcotic drugs used in medicine, liability begins if their amount exceeds 10 or more times the single dose required for treatment in each specific case. Persons undergoing treatment with such drugs, in order not to get into a mess, it is advisable to consult with narrow-profile lawyers who specialize in drugs. Often, too, young people acquire prohibited drugs, having no idea about possible consequences for them. Often young people try drugs out of curiosity or "for company". And if it so happened that the unlucky consumer of intoxicating drugs was detained, it must be borne in mind that the desire to meet the needs of law enforcement agencies is counted in court.

Article 228 of the Criminal Code of the Russian Federation

Its scale depends only on the amount of narcotic drugs that have come to the citizen and are used by him (or are planned to be used). For a significant amount of the drug, expressed in grams, without conversion to active substance, as stated in article 228 of the Criminal Code of the Russian Federation, the punishment may be in the following versions: - a fine of up to 40 thousand rubles; - Compulsory work up to 60 days (with a working day of 8 hours); - corrective labor up to 2 years; - restriction of freedom up to 3 years or imprisonment for the same period of time. Moreover, each type of punishment must be applied separately. For example, the guilty person is given only a fine or only imprisonment.

228 - how to get the minimum punishment.

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, strict 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 addicts become subsequently unable to quit, they can commit any crime for them. According to Article 228

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

In the first case, the statute of limitations is 6 years, in the second - 10 years from the date of the crime. If the person who committed it is hiding from the court, the limitation period under Art. 228 is suspended and resumed from the moment of his detention or surrender. Article 228 of the Criminal Code of the Russian Federation, Parts 2-4 Part two of this article concerns persons who, according to their official position, are obliged to strictly observe the rules for the storage and transportation of preparations containing narcotic substances. If there was a violation, the person who is guilty of this pays a fine or is sent to public works. At the same time, the perpetrator is forever deprived of the right to work in certain positions. If the improper storage of drugs was complicated by causing harm to one or more people, or was committed intentionally out of self-interest, liability in the form of imprisonment is provided. According to the third part of Art.

(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 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.

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 side of the defense, during interrogations, indicated that the seized narcotic drug was kept by the principal 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 issued a decision 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.

In our country, under the control of the state are those areas of activity that directly affect the health of citizens individually and the life of society as a whole. In order to prevent the uncontrolled circulation of narcotic drugs on the territory of Russia, in January 1998, Federal Law No. 3-FZ “On Narcotic Drugs and Psychotropic Substances” was adopted ( Further- Law No. 3-FZ). According to this normative act, the free circulation of narcotic and psychotropic substances is prohibited in the country. Even a minor violation of the law in this area entails liability under Article 228 Part 1 of the Criminal Code of the Russian Federation.

What does Article 228 of the Criminal Code of the Russian Federation say?

This article establishes a measure of responsibility for the illegal circulation of drugs and psychotropics. It is divided into 3 parts, each of which indicates responsibility for the illegal circulation of a certain amount of narcotic drugs: significant (part 1 of article 228 of the Criminal Code of the Russian Federation), large and especially large (parts 2 and 3). The maximum weight that falls under one or another definition is indicated in Decree of the Government of the Russian Federation No. 1002 dated October 01, 2012 “On approval of significant, large and especially large amounts of narcotic drugs and psychotropic substances ...” ( Further- Decree No. 1002).

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.

If the accused person is found to have not the drug itself, but its substitute, the weight of this substance is taken into account, which is equated to the volume of a similar psychotropic drug.

What is the penalty under Art. 228 hours 1

The peculiarity of this article is that it considers crimes not related to the sale of prohibited substances, but only to their acquisition, personal storage, processing, manufacture and transportation. This article of the Criminal Code lists such acts related not only to drugs, but also to their analogues and plants, which contain illegal chemical compounds. A detailed list of prohibited substances and plants containing them is given in Decree No. 1002, where the scientific names of such compounds are given. They are divided into two large groups:

drugs. According to Law No. 3-FZ, substances that can be obtained as a result of chemical reactions (synthetic) or grow in natural environment(natural). They are obtained specifically for the purpose of influencing nervous system person;
psychotropics. The definition is the same as for drugs, only these compounds were originally created for medicinal purposes. Some of them are still used by doctors, for others they have found a more successful replacement that is not addictive for patients.

The list of drugs under consideration is exhaustive. If it does not contain any substance or plant, then their circulation is not controlled by the state. When new drugs or psychotropics appear, the list is supplemented.

Explanation of certain concepts of Art. 228 part 1 of the Criminal Code of the Russian Federation

The Criminal Code gives the names of actions for which citizens are responsible and the penalties for them. In the provisions normative act does not contain precise definitions of these concepts, which is why the decisions of the courts located in different regions countries may differ; even though the offense is the same. In order to exclude the inconsistency of judicial conclusions, the plenum of the Supreme Court of the Russian Federation approved in 2006 Resolution No. 14 “On judicial practice on cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances”, which contains a decoding of the concepts of Art. 228 of the Criminal Code of the Russian Federation part 1:

acquisition - this refers not only to the purchase of a prohibited drug, but also to receive it in the form of payment for the work performed; an accidental find if it is not immediately handed over to the authorities; debt repayment; collection of plants containing prohibited substances, including wild ones;
storage - if a drug is found in the accused, then this fact is automatically recognized as storage. The court does not take into account how long the drug was in the possession of a particular person;
transportation - such is the conscious movement of a substance using any transport and over any distance. It happened on the territory of one region or several, it does not matter;
manufacturing, specified in article 228 of the Criminal Code of the Russian Federation, part 1. Obtaining a drug from other not prohibited substances by mixing them and conducting chemical reactions. This also includes special treatment of plants that are not on the list of state-controlled plants;
processing - the process of cleaning a psychotropic composition from unwanted impurities. If it does not change chemical composition compounds, then such an action is not considered processing.

A detailed explanation by the Supreme Court of the basic concepts of the Criminal Code related to the circulation of psychotropics does not guarantee their correct application by the courts. When arresting, it is necessary to carefully consider the records in the protocols, on the basis of which the act will be qualified.

What is the punishment under article 228 part 1 of the Criminal Code of the Russian Federation in 2017

The crimes considered in this article are of low severity. For this reason, the punishments for them are not as severe as for the actions indicated in parts 2 and 3 of the same article. The accused may be assigned:

penalties in the amount not exceeding 40 thousand rubles or the offender's income for 3 months;
mandatory work within 480 hours;
correctional labor for a period of time not exceeding 2 years;
restriction of liberty or imprisonment for 3 years.

When determining the amount of punishment under Art. 228 part 1 of the Criminal Code of the Russian Federation, aggravating circumstances can complicate the situation. Their list is contained in Art. 63 of the Criminal Code. When considering drug cases, the following are most often taken into account:

whether the perpetrator has previously been charged with similar crimes;
participation in illegal actions of other persons forming the group;
involvement in criminal activities of minors, as well as persons who are in a high degree of intoxication or have a mental illness that does not allow them to make adequate decisions.

If the detainee attempts to shift his guilt to other persons, he may be charged with a group crime if the participation of these people in illegal actions is proven.

Is it possible to get a suspended sentence under article 228 part 1 of the Criminal Code of the Russian Federation

Since the crimes described in this article relate to actions of minor gravity, it is possible to achieve the maximum reduction in the size of the punishment. In Art. 61 of the Criminal Code contains a list of reasons that are extenuating circumstances. Two of them apply in drug cases:

the presence of minor children dependent on the accused;
his collaboration with law enforcement in the course of solving a crime or surrendering, involving the voluntary surrender of prohibited substances.

In the presence of these circumstances or their combination, the court may decide to significantly reduce the amount of punishment under Art. 228 h. 1. According to the provisions of Art. 62 of the Criminal Code of the Russian Federation, a real term can be replaced by a suspended one if there are appropriate reasons in the case or an agreement on cooperation with state bodies has been concluded before the trial.

Practice shows that government officials are reluctant to reduce the sentence. Here's why you might need help professional lawyer with rich experience in such cases. We recommend not to let the question take its course, but to contact the specialists of the Pravoved.RU website. They will thoroughly understand the situation and suggest the most appropriate ways to solve it.

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 1 or 2 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, 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. 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)

All services of lawyers in Moscow Return of defective goods Moscow from 5000 rubles.

Support of transactions with real estate Moscow from 40,000 rubles.

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 credited 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- are 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 day! 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 convicted 2 days ago under article 228.1 part 4 for 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 acts 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© OOO "NPP "GARANT-SERVICE-UNIVERSITY", 2014. The GARANT system has been produced since 1990. activity for a term of up to twenty years or without it and with or without a fine in the amount of up to one million rubles or in the amount of the salary or other income of the convicted person for a period of up to five years.
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. 5.

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 possesses drugs for personal consumption is equated in terms of the severity of this crime with persons who have committed crimes in the field of trafficking drugs 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), is 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.

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