Article for drugs. Illicit Drug Trafficking: Criminal Code of the Russian Federation

The Russian criminal code is rich in various articles, which, at first glance, are similar to each other. These include provisions containing measures of responsibility for the acquisition, distribution and manufacture of narcotic drugs, that is, for illicit drug trafficking.

In medicine, as is known, narcotic drugs are used only in the most extreme cases, when it is not possible for traditional methods to help a patient get rid of the pain. As a rule, the medical turnover of certain drugs is quite legitimate.

However, the narcotic effect of many substances caused their use in a completely different field.

It is necessary to distinguish between narcotic drugs themselves, their precursors (intermediates in the reaction), derivatives, psychotropic substances and salts of substances that are not allowed to free circulation in Russia.

Narcotic drugs for personal use

In the Criminal Code, illegal drug trafficking is described in articles 228-233. In spite of the fact that for the common man the sale, transportation and other actions with narcotic means, as well as their classification by types and narcotic effect, do not have a significant difference, the legislator divided the essence of the turnover into several dispositions.

Articles 228 and 228.3 provide for penalties for the acquisition, storage and transportation of narcotic drugs, as well as their precursors or plants containing intoxicants and psychotropic substances. Moreover, the legislator divides narcotics and precursors according to the articles. It can be noted that the article for possession of drugs implies punishment in the form of imprisonment for up to 3 years. For the acquisition and storage of only precursors - just a restriction of freedom for a period of up to 1 year.

Here it can be noted that these articles provide only those actions that can be committed by a citizen in relation to narcotic drugs for his own use, that is not for sale, even if there is an especially large size.

Attraction to criminal liability can not be carried out only if the citizen voluntarily handed over to law enforcement agencies stored in him intoxicating agents of chemical or vegetable origin. At the same time, as stated in Article 228, the detection and seizure of narcotic drugs from a citizen by law enforcement officials will not be considered voluntary surrender, so the person is not released from responsibility.

Narcotic drugs for sale

There is also an article for drugs, which provides for the actual sale of narcotic drugs (228.1), as well as a provision on the sale of precursors (228.4). Punishment is thus assigned, not only for production, but also for sale to third parties. At the same time in the court practice sometimes there are difficulties with proving the intent of the guilty person to sell drugs or psychotropic substances. Punishment for these actions, which are dangerous for society and are considered as an encroachment on public health and public morality, is from 4 to 8 years.

If, however, the realization of substances was carried out on an especially large scale, using the powers of a post organized by the formation of a group of persons, then the deprivation of liberty in this case can range from 15 to 20 years.

List of Prohibited Substances

The amount of funds seized is the limit by which any article for drugs can be applied. There is a list of drugs that have a psychotropic or intoxicating effect. The list is quite extensive, but there are often encountered substances that are seized from individuals:

• Diacetylmorphine (heroin).
• Dezomorphine.
• Hashish.
• Lysergic acid.
• Poppy straw.
• Methamphetamine.
• Opium.
• Ephedrine.
• Amphetamine.
• Codeine.
• Cocaine and others.

In addition, there are funds that are absolutely banned for circulation, and 0.0001 grams are sufficient for criminal liability. In practice, 0.5 grams of heroin is enough to get a term in the colony or conditional punishment, depending on whether there are mitigating or aggravating circumstances in the case, which stipulates an article for drugs.

Legal Drug Trafficking

Separately it is worth noting the violation of the rules of trafficking in narcotic drugs. This is due, above all, to turnover in the sphere where substances are allowed for use, but only in limited quantities or for a specific purpose, and also according to the prescription.

If a person who is responsible for storage, transportation and other activities with narcotic or psychotropic drugs, as well as precursors or plants containing narcotic substances, violates these rules, it is brought to criminal responsibility and punished with a fine of up to 120 thousand rubles.

In reality, such persons who are responsible for compliance with rules and appropriate storage, as well as for the inadmissibility of theft of narcotic drugs, sign an appropriate document on full material and criminal liability when entering into service in a certain organization.

Theft of drugs

Separately, there is an article for drugs in terms of their theft or extortion. Do not confuse simple theft, which can be called ordinary theft, with theft of narcotic drugs. As well as extortion. The usual extortion is provided for by a completely different article (163 of the Criminal Code of the Russian Federation), which contains sanctions for the crime, other than punishment for extorting drugs.

Since people who have intoxicants are personally responsible for them and do not have the right to give drugs to a criminal, they can use weapons or objects similar to him. Also, this act is closely related to the threats of murder or serious harm to health in order to take drugs by force. Article of the Criminal Code of the Russian Federation under the number 229 clause "c" part 3 contains a direct indication of this type of crime. Accordingly, the act is subject to qualification for this particular norm.

Customs crimes

Another type of drug trafficking is smuggling. This term refers to the illegal transportation of certain items (including drugs) across the state border in violation of customs regulations. In Russia, the smuggling of intoxicants and psychotropic substances is provided for in the Criminal Code and is punishable by the actual period of stay in the colony from 3 to 7 years.

The use of a threat against a customs officer, as well as if an act is committed by an organized group, qualifies under this article and is punishable by imprisonment for a period of 15 to 20 years.

Declination to consumption

If there is an article for drug use, there should be a rule of law providing for a decline in consumption, since the more consumers, the better for drug dealers. For declension, the Criminal Code in the form of article 230 provides for a real term in the colony from 3 to 5 years.

Often, the use of narcotic substances, which are the first time to become addictive, persuade the yet unformed psychologically underage citizens, which can lead to the death of the victims. This act is considered in this article under paragraphs "a" and "b" of Part 3 and is punishable by imprisonment for a period of 10 to 15 years.

Qualifying signs

In any of these articles, which are related to the illegal trafficking in intoxicants, there are at least three parts. Accordingly, in the first part, the article for the use of drugs (228) provides for a significant amount of such substances (depending on the substance), in the second part - large, in the third - a particularly large size.

In the remaining articles, the second and third parts provide for criminal acts committed against two or more persons, by several persons or against minors, and by a person using his official powers or by an organized criminal formation, respectively.

Such crimes, which indicate the systematic nature of illicit trafficking in a particularly large amount, are punishable in proportion to the crime (from 10 to 20 years, as indicated earlier).

Thus, the article for the distribution of drugs can contain a description of both a simple crime and a grave or especially serious crime. The larger the volume of drug trafficking, the more officials involved, the more severely the punishment (articles for sale - 228.2 and 228.4).

Drug trafficking and marketing

For the sale of narcotic drugs, a variety of methods and methods are used that do harm not only directly to those who then use intoxicants, but also to those who sell them directly.

There are cases when for transportation of intoxicating substances from abroad people swallowed capsules with a drug, which was then extracted in a well-known way. If you can not get the capsules with the contents (there is a mechanical damage to the containers right in the stomach), a person dies from an overdose.

Thus, it can be noted that for the sale of drugs the article provides for punishment much stricter than for manufacturing or storage and processing without the purpose of sale or gratuitous sale. This is due to the fact that in the first case, public safety is violated in a larger amount than in the second.

The contents of the den

Carry also criminal liability and those who consistently provide a room for the use or manufacture of artisanal substances by intoxication. In this case, the article for the distribution of drugs will no longer be applied.

The crime is classified under Article 232 - the maintenance of brothels. It can be an apartment, the owners of which use intoxicants themselves, granting the right to use their living space to third parties for the implementation of plans for the manufacture and use of narcotic substances.