The Russian Criminal Code is rich in variousarticles that, 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 drugsapply only in the most extreme cases when it is not possible to help the patient to get rid of the pain in the traditional ways. As a rule, the medical trafficking of certain drugs is completely legal.
However, the narcotic effect of many substances led to their use in a completely different field.
It is necessary to distinguish the actual narcoticagents, their precursors (intermediate substances in the reaction), derivatives, psychotropic substances and salts of substances that are not allowed for free circulation in Russia.
In the Penal Code directly illegaldrug trafficking is described in articles 228-233. Despite the fact that for the average person sales, transportation and other actions with narcotic drugs, as well as their classification by type and narcotic action, do not have a significant difference, the legislator divided the essence of the turnover into several dispositions.
In articles 228 and 228.3 provides 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 drugs and precursors into articles. It can be noted that the article for drug possession involves punishment in the form of a term of imprisonment of 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 may be noted that these articlesprovide only those actions that may be committed by a citizen in relation to narcotic drugs for their own use, that is, not for sale, even if there is a particularly large amount.
Criminal prosecution cannotbe carried out only if the citizen, of his own free will, has handed over the stupefying means of chemical or plant origin stored in him to the law enforcement agencies. At the same time, as stated in Article 228, the detection and seizure of drugs from a citizen by law enforcement officers will not be considered a voluntary surrender, therefore a person is not exempt from liability.
There is also a drug article thatprovides for the actual sale of narcotic drugs (228.1), as well as the provision on the sale of precursors (228.4). Punishment is thus appointed not only for production, but also for sale to third parties. At the same time in court practice sometimes there are difficulties with proving the intent of the perpetrator of the sale of drugs or psychotropic substances. The punishment for these actions, which are dangerous to society and are considered as an encroachment on the health of the population and public morality, ranges from 4 to 8 years.
Если же реализация веществ производилась в особо large size, using the powers of the position, organized by the formation of a group of persons, the deprivation of liberty in this case can be from 15 to 20 years.
The amount of funds withdrawn is the limitwith the help of which any article for drugs can be applied. There is a list of tools that have a psychotropic or intoxicating effect. The list is quite extensive, but there are often meeting substances that are taken from individuals:
In addition, there are means that absolutelyForbidden to circulation, and for the criminal liability of 0.0001 grams is enough. In practice, 0.5 grams of heroin is enough to get a prison sentence or a suspended sentence, depending on whether there are extenuating or aggravating circumstances in the case, which is provided for in the article for drugs.
We should also note the violation of turnover rulesnarcotic drugs. This is primarily due to the turnover in the area where the substances are allowed for use, but only in limited quantities or for a specific purpose, as well as by prescription.
If the person who is responsible forstorage, transportation and other actions 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, those who carryResponsibility for compliance with the rules and appropriate storage, as well as for the inadmissibility of theft of narcotic drugs, is signed upon entering the service in a certain organization with a corresponding document on full material and criminal liability.
Separately, there is an article on drugs in parttheir theft or extortion. Do not confuse simple theft, which can be called a common theft, with the theft of drugs. As well as extortion. Normal extortion is provided for by a completely different article (163 of the Criminal Code of the Russian Federation), which contains sanctions for this crime, different from the punishment for extortion of drugs.
Since those who have stupefyingsubstances that are personally liable for them and do not have the right to give drugs to the criminal, the latter may use weapons or objects similar to him. Also, this act is closely linked to threats of murder or the infliction of grievous bodily harm in order to take drugs by force. The article of the Criminal Code of the Russian Federation under number 229, clause “c” part 3, contains a direct reference to the nature of the crime. Accordingly, the deed is subject to qualification precisely in this norm.
Another type of drug trafficking -smuggling. The term refers to the illegal transportation of certain things (including drugs) across the state border in violation of customs regulations. In Russia, the smuggling of intoxicating and psychotropic substances is provided for in the Criminal Code and is punished with a real duration of stay in the colony from 3 to 7 years.
The use of a threat against a customs officer, as well as if the act is committed by an organized group, qualifies under this article and is punishable by imprisonment for a term of 15 to 20 years.
If there is an article for useof drugs, there should be a rule of law providing for inclination to use, since the more consumers, the better for drug dealers. For a decree, the Criminal Code in the form of Article 230 provides for a real term in the colony from 3 to 5 years.
Often to the use of drugs,which are addictive from the first time, incline psychologically underage citizens, which can lead to death of the victims. This act is considered in this article under the paragraphs "a" and "b" of Part 3 and is punishable by imprisonment for a term of 10 to 15 years.
In any of these articles that are related toillicit drug trafficking, there are at least three parts. Accordingly, in the first part, the article on drug use (228) provides for a significant amount of such substances (depends on the substance), in the second part - a large one, in the third - an especially large size.
In the remaining articles, the second and third partsstipulate criminal acts committed against two or more persons, several persons or against minors, as well as a person using his official powers or an organized criminal formation, respectively.
Such crimes, which indicate the systematic nature of illegal trafficking on a large scale, are punished in proportion to the crime (from 10 to 20 years, as indicated earlier).
So the article for the distributiondrug may contain a description of a simple crime, as well as grave or especially grave. The larger the volume of drug trafficking, the more officials are involved in this, the more severe the punishment (articles for sales - 228.2 and 228.4).
For the sale of drugs usedvarious methods and methods that harm not only directly those who then use intoxicants, but also those who directly sell them.
There are cases when for transportationintoxicating people from abroad, people swallowed capsules of the drug, which was then removed in a well-known way. If it is impossible to get the capsules with the contents (mechanical damage to the containers directly in the stomach occurs), the person dies from an overdose.
Thus, it can be noted that salesThe drug article provides for punishment much more severely 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 to a greater extent than in the second.
They also bear criminal responsibility and those whoconsistently provides any room for the use or manufacture of artisanal stupefying substances. In this case, the article on the distribution of drugs will no longer apply.
Crime qualifies under article 232 -the maintenance of dens This may be an apartment whose owners themselves use intoxicating substances, granting the right to use their living space to third parties for the implementation of plans for the manufacture and use of narcotic substances.
