Punishment for article 228 part 1. Punishment, practice - what term can be given

Article 228 of the Criminal Code of the Russian Federation refers to the norms that apply when committing a certain crime against Russian citizens, their health and social education. It regulates work with narcotic drugs and determines penalties for non-compliance. certain rules. Not long ago some changes were made to it, and criminal punishment for the illegal distribution of narcotic substances has become even tougher. In addition to criminal liability, there is also administrative liability.

Article 228 of the Criminal Code of the Russian Federation can be applied from the age of 16, and if narcotic substances were obtained through theft, extortion or robbery, criminal liability begins at the age of 14.

Terms of punishment under Article 228 of the Criminal Code of the Russian Federation

Terms of punishment under Article 228 of the Criminal Code Russian Federation are divided into 3 main points according to the severity of the violation, and only the court determines which one will be applied in each specific case.

If any activity is detected with narcotic substances, including not only synthetic, but also herbal drugs in a certain amount, the accused faces a minimum penalty of a fine of up to 40,000 in the national currency of Russia. Alternatively, a prison sentence of up to three years may be imposed.
. If a drug transaction is determined to be large, punitive sanctions become more stringent. The culprit will be imprisoned for a term of three to ten years and will receive fines of up to half a million rubles.
. Particularly large drug transactions are punishable by fines of up to half a million rubles and imprisonment for a term of 10-15 years.

In addition to the size of the transaction, the object of which is drugs, Art. 228 Part 1 of the Criminal Code of the Russian Federation determines the term, taking into account other nuances that affect the severity of the punishment.

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

According to Article 228 Part 1 of the Criminal Code of the Russian Federation, the sentence is determined according to several parameters.

According to a certain paragraph of part one of this article, a person who sells or transports narcotic substances in any form may be imprisoned for a term of 4 to 8 years.
. The second part of the first paragraph states that in public places, correctional institutions, airports, railway and sea stations, sports facilities and so on are punishable by a term of five to twelve years.
. Group drug trafficking carries a penalty of eight to fifteen years in prison and a significant fine. Even more heavy punishment according to Art. 228 Part 1 awaits those who sold narcotic substances, taking advantage of their official position, or offered them to persons under the age of majority - a fine of up to a million Russian rubles and a sentence of 10-12 years.

In part one of Art. 228 of the Criminal Code of the Russian Federation, the term is provided for the main elements of the crime, which, according to the legal classification, is classified as serious. A person who can be accused of manufacturing, selling and other actions with drugs must be sane - this is confirmed by a special medical examination. By a court decision, the income and property of someone who commits any actions with narcotic substances and their analogues may be confiscated. For conviction under Art. 228 it is important to prove direct intent, according to which all actions were performed. Evidence may include confirmation of a preliminary agreement on the sale, manufacture or purchase of drugs, packaging items found on the suspect, the presence of drugs in a person who does not use them, and so on.

For Art. 228 and 228.1 apply general principles according to the statute of limitations. In the first case, the statute of limitations is 6 years, in the second - 10 years from the date of commission of the crime. If the person who committed it hides from court, the statute of limitations under Art. 228 is suspended and resumed from the moment of his arrest or surrender.

Article 228 of the Criminal Code of the Russian Federation, Part 2-4

Part two of this article applies to persons who, according to their official position, are obliged to strictly comply with the rules for storing and transporting drugs containing narcotic substances. If there was a violation, the person who is guilty of this pays a fine or is sent to community service. In this case, the offender is forever deprived of the right to work in certain positions.

If the wrong was complicated by causing harm to one or more people or was committed intentionally out of self-interest, liability is provided in the form of imprisonment.

According to the third part of Art. 228 of the Criminal Code of the Russian Federation, a person who illegally acquired precursors of narcotic substances or violated the rules for their storage and transportation may receive punishment in the form of correctional labor. If the crime was committed on an especially large scale, a large fine or imprisonment threatens.

Part four stipulates crimes committed on a large scale (imprisonment with payment of a large fine). It also determines punishment for actions that were committed by a group of people or by one person who used his official advantage.

Administrative responsibility under Art. 228

It is used for proven regular use of narcotic and/or psychotropic substances without a doctor’s prescription. But in this case, the above-mentioned Article 228 Part 1 of the Criminal Code of the Russian Federation can also be applied, if we take into account that the drug user purchases, transports and stores them. Article 228 of the Criminal Code of the Russian Federation provides for punishment both for the acquisition of narcotic substances for a fee (for money or services) and for receiving drugs for free. The exception is their purchase as prescribed by a doctor, which is confirmed by the presence of a prescription, medical history and other medical documents. Illegal possession implies possession of drugs in a certain quantity, therefore even personal use, and even more so the manufacture of drugs, may fall under Article 228 of the Criminal Code of the Russian Federation. How much they will give in this case is determined by the court’s decision, taking into account all the nuances.

Mitigating circumstances and the minimum term under Article 228 of the Criminal Code of the Russian Federation

Each case of illegal storage, use, sale and transportation of narcotic and psychotropic substances is considered by the court individually. Taken into account social behavior the accused, his willingness to assist the investigation, the circumstances under which the criminal act was committed. When examining each specific case, the courts are guided by Articles 61, 62 and 64 of the Criminal Code of the Russian Federation, which determine the presence of mitigating circumstances that make it possible to obtain a maximum reduction in the sentence - sometimes even below the minimum bar. Experienced lawyer under Article 228 will definitely take advantage of the opportunity.

The following are recognized as mitigating circumstances:

If a person has stumbled for the first time, and before that he was a completely law-abiding citizen.

Presence of pregnancy, as well as young children or other dependents.

If the accused has not reached the age of majority.

Coercion, threat to life.

Difficult life circumstances that prompted the commission of a crime.

Presence of a serious illness at the time of investigation.

Sincere repentance, assistance to the investigation, attempts to correct and make amends for the harm caused to the victim, confession, and compensation for losses are also taken into account by the court and can serve as mitigating circumstances.

The most difficult thing to prove is an uncommitted crime - if the drugs were planted without the knowledge of the accused. In order to prove your innocence, it is worth hiring an experienced lawyer. Don't give up or try to cope on our own- a lawyer has a better chance of helping. will be able to take into account all the nuances, achieve better conditions during the investigation, he has access to documents and so on, so you should hire an experienced lawyer as early as possible.

Is there conditional early release (PAROL) if convicted under Article 228 of the Criminal Code of the Russian Federation?

Even people who actually committed drug transactions are entitled to parole. Parole under Article 228 is a measure of mitigation of punishment and is applied with an appropriate attitude towards work or study while serving the sentence; readiness to compensate for the damage caused can also mitigate the sentence.

The convicted person must spend at least ¾ of the term determined by the court behind bars and only then can he apply for parole. It will be accepted for consideration if there have been no serious violations within the last 3 years. The head of the colony must provide the court with a reference listing censures and rewards. You should entrust the drafting of the petition to an experienced lawyer.

(edited) Federal Law dated 01.03.2012 N 18-FZ)

1. Illegal production, sale or shipment 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 imprisonment for a term of four to eight years, with or without restriction of freedom 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, administrative structure, educational organization, at sports facilities, railway, air, sea, inland waterway or subway transport, in public transport or premises used for entertainment or leisure;

(as amended by Federal Law dated July 2, 2013 N 185-FZ)

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

shall be 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 wages or other income of the convicted person for a period of up to three years or without it and with restriction of freedom for a period of up to one year or without it.

3. Acts provided for in parts one or two of this article, committed:

a) by a group of persons by prior conspiracy;

b) in a significant amount, -

shall be punishable by imprisonment for a term of eight to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

4. Acts provided for in parts one, two or three 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 imprisonment for a term of ten to twenty years with deprivation of the right to hold certain positions or engage in certain activities 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 wages or other income of the convicted person for a period of up to five years or without it.

5. Acts provided for in parts one, two, three or four of this article, committed on an especially large scale, -

shall be punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities 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 wages or other income of the convicted person for a period of up to five years or without it or life imprisonment.

Law 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 (illegal sale of narcotic drugs)

The principal was chosen a preventive measure in the form of detention. The defense, during interrogations, indicated that the principal kept the seized drug not for the purpose of sale, but for the purpose of personal consumption. The principal had no intent to sell. The investigator agreed with the defense's arguments and reclassified the principal's actions as part 1 of Article 228 of the Criminal Code of the Russian Federation. The principal filed a petition to consider the criminal case in a special manner.

The court, having considered the criminal case in a special manner, imposed a sentence not related to imprisonment.

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 basis of illegal acquisition and possession of narcotic drugs on a large scale.

The lawyer intervened when his client was summoned to law enforcement agencies for interrogation.

After the arraignment, the materials of the criminal case were provided to the defense for review. During the review of the materials of the criminal case, significant violations of criminal procedural legislation were revealed during the preparation of documents.

The lawyer filed a petition to terminate the criminal prosecution against his client, indicating the violations committed. Law enforcement agencies issued a decision to terminate criminal prosecution due to lack of proof of guilt.

Criminal case under Article 228.1 Part 1 of the Criminal Code of the Russian Federation (illegal sale of narcotic drugs)

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

The principal was questioned about the case, and a preventive measure was chosen in the form of detention. When the final charges were presented, the principal indicated that he fully admitted his guilt and requested that his case be considered in a special manner.

The court, having considered the case in a special manner, based on the personality 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 of imprisonment.

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

A criminal case was initiated on the basis 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 intervened when his client was questioned as a suspect. Subsequently, charges were brought against 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 classified incorrectly by the prosecution. The court reclassified the defendant’s actions as Part 5, Article 33, Part 1, 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, which triggers criminal liability, then for all Three episodes of the criminal case were acquitted.

Articles 228-228.1 of the Criminal Code of the Russian Federation in the new edition, effective from January 1, 2013:

AVAILABLE NOW:

Article 228. Illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances ( as amended by Federal Law dated May 19, 2010 N 87-FZ, dated December 8, 2003 N 162-FZ)

1. Illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues in a significant amount, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, in a significant amount - (as amended by Federal Law No. 87-FZ dated 19.05.2010, No. 18 Federal Law dated 01.03.2012)

2. The same acts committed on a large scale -

3. The same acts committed on an especially large scale -

shall be punishable by imprisonment for a term of ten to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to one and a half years.

Notes 1. A person who has committed a crime under this article, who voluntarily surrendered narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to illegal trafficking in the specified drugs, substances or their analogues, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, incriminating the persons who committed them, discovering property obtained by criminal means, is exempt from criminal liability for this crime. The seizure of these drugs, psychotropic substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when detaining a person and during investigative actions to detect and seize these drugs, substances or their analogues, such plants or parts thereof containing narcotic drugs or psychotropic substances. (Clause 1 as amended by the Federal Law of 19.05 .2010 N 87-FZ)

2. Significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of this article, Articles 228.1 , 229 and 229.1 of this Code are approved by the Government of the Russian Federation. (as amended by Federal Laws dated May 19, 2010 N 87-FZ, dated December 7, 2011 N 420-FZ)

3. Significant, large and especially large sizes of analogues of narcotic drugs and psychotropic substances correspond to significant, large and especially large sizes of narcotic drugs and psychotropic substances, analogues of which they are. (Clause 3 introduced by Federal Law of January 5, 2006 N 11-FZ)

Article 228.1. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

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

shall be punishable by imprisonment for a term of four to eight years, with or without restriction of freedom 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, administrative structure, educational institution, at sports facilities, railway, air, sea, inland waterway or subway transport, in public transport or premises used for entertainment or leisure;

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

shall be punishable by imprisonment for a term of five to twelve years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to one year.

3 . Acts provided for in parts one or two of this article, committed:

b) in a significant amount, -

shall be punishable by imprisonment for a term of eight to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

4. Acts provided for in parts one, two or three of this article, committed:

a) an organized group;

d) on a large scale, -

shall be punishable by imprisonment for a term of ten to twenty years with deprivation of the right to hold certain positions or engage in certain activities 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 wages or other income of the convicted person for a period of up to five years or without it.

5. Acts provided for in parts one, two, three or four of this article, committed on an especially large scale -

shall be punishable by imprisonment 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 period of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it or life imprisonment. (as amended by federal law dated March 1, 2012 No. 18 Federal Law)

Who is interested in the old articles 228-228.1 of the Criminal Code of the Russian Federation as amended, valid until 01/01/2013. whichno longer valid:

Article 228. Illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

1. Illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues on a large scale, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances in large quantities - (as amended by Federal Law No. 87-FZ of May 19, 2010)

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by restriction of liberty for a term of up to three years. , or imprisonment for the same period. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

2. The same acts committed on an especially large scale -

shall be punishable by imprisonment for a term of three to ten years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.

Notes 1. A person who has committed a crime under this article, who voluntarily handed over narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to with illegal trafficking of these funds, substances or their analogues, as well as with illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, exposing the persons who committed them, discovering property obtained by criminal means, is exempt from criminal liability for this crime. The seizure of these drugs, psychotropic substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when detaining a person and during investigative actions to detect and seize these drugs, substances or their analogues, such plants or parts thereof containing narcotic drugs or psychotropic substances. (Clause 1 as amended by the Federal Law of 19.05 .2010 N 87-FZ)

2. Large and especially large sizes of narcotic drugs and psychotropic substances, as well as large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of this article, Articles 228.1, 229 and 229.1 of this Code are approved by the Government of the Russian Federation. (as amended by Federal Laws dated May 19, 2010 N 87-FZ, dated December 7, 2011 N 420-FZ)

3. Large and especially large sizes of analogues of narcotic drugs and psychotropic substances correspond to large and especially large sizes of narcotic drugs and psychotropic substances, analogues of which they are. (Clause 3 introduced by Federal Law of January 5, 2006 N 11-FZ)

Article 228.1. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances (as amended by the Federal Law of May 19, 2010 N 87-FZ (introduced by Federal Law dated December 8, 2003 N 162-FZ)

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 - (as amended by the Federal Law dated May 19, 2010 N 87-FZ)

shall be punishable by imprisonment for a term of four to eight years, with or without restriction of freedom for a term of up to one year (as amended by Federal Law No. 377-FZ of December 27, 2009)

2. The same acts committed:

a) by a group of persons by prior conspiracy;

b) on a large scale, - (as amended by Federal Law No. 215-FZ of July 27, 2009)

c) has become invalid. — Federal Law of July 27, 2009 N 215-FZ

shall be 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 wages or other income of the convicted person for a period of up to three years, or without it, and with or without restriction of freedom for a term of up to two years.

(as amended by Federal Law dated December 27, 2009 N 377-FZ)

3. Acts provided for in parts one or two 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;

(Clause “c” as amended by Federal Law No. 215-FZ of July 27, 2009)

d) on an especially large scale, -

shall be punishable by imprisonment for a term of eight to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it. (as amended by Federal Law dated July 27, 2009 N 215-FZ)

Read more about the changes in the article:

In all countries of the world, the distribution of drugs is strictly punished by law - such crimes are absolutely always punishable by long terms of imprisonment, and in some countries - the death penalty. Russian legislation is no exception - over the years, the criminal law has become tougher and tougher in relation to drug dealers. Over the past 10 years, the structure of the police responsible for solving drug crimes has undergone changes, and judicial practice has changed. Unfortunately, the number of crimes related to the illegal trafficking of prohibited substances is only growing every day. It is easy to imagine how many lives of people, including children, have been destroyed due to the actions of distributors, and how many more will be destroyed. In our article we will talk about how not to miss trouble in the family and notice addiction in time, as well as some features of responsibility for the storage and sale of drugs.

Be alert

With due attention and understanding in the family, signs of use can be noticed. This may be evidenced by:

• slurred, slurred speech, difficulty in orientation - does not understand whether it is day or night;
• does not remember a recent event;
• sudden, recurring weakness in the absence of any disease with a similar symptom;
• feels sleepy all the time, apathy and powerlessness;
• sudden changes in mood, from euphoria to a fit of rage;
• anger for no reason, anxiety (especially if you need to buy another dose, but there is no money);
• repeated requests for money for some item that is ultimately not purchased;
• debts to friends or loans taken out just like that;
• constant telephone conversations with unfamiliar people, “weight”, “speed”, “ice”, “white”, “treasure” are used in conversation.

If at least one of the listed signs is present in a member of your family (teenager or adult), you need to talk to him about possible problem. The absence of huge pupils does not always indicate that a person is not associated with drugs - addicts have long been accustomed to using special pharmaceutical drops that bring the pupil to a normal state.

Often, parents who suspect something is wrong bring their teenagers to the drug treatment center for testing. After a negative result, everyone calms down, but in vain. Currently, synthetic drugs are common, which may not “give” themselves away during a normal blood or urine test; drug addicts know this and sometimes even volunteer to be tested, which falsely reassures their loved ones. A person’s addiction and addiction can only be identified by a doctor who has prescribed a special examination.

If a person addicted to drugs is characterized by constant lack of money, a sloppy appearance, often thinness, the same worn clothes (mostly sports type, jeans and a hoodie), then for distributors, who often have never tried a drug in their life, other signs are characteristic:

• a new social circle unknown to the family, the relatives know nothing about such acquaintances - they are not part of the family, communication with them is only by telephone or in personal meetings, including at night;
• without permanent job a family member suddenly has money, and a lot of it, the marketer can immediately buy an expensive household appliances, furniture and even a car; amounts of 5000-20000 rubles. they arrive weekly on the map from nowhere;
• The phone has messaging applications with unusual names; the messages contain many addresses and photographs of plots of land, bushes, poles, etc.;
• constant purchases of something through an electronic payment system (terminals);
• constantly changing SIM cards, phone numbers;
• business trips to other cities without explanation; trips are made by car or train (not by plane).

If one or more of the listed signs is present in a member of your family and you are concerned, you should first talk to him and try to understand whether the suspicion of involvement in drug trafficking is justified.

Narcotic and psychotropic substances

It is not known for certain when people began to use the term “Drug” - perhaps since the time of Hippocrates, in whose notes scientists found a description of some plants that have unusual effects on the body. In some countries, the term is defined simply - it refers to all drugs that are prohibited for use on federal level, in other countries the word "drug" refers only to opium and its derivatives. In Russia, the legal significance of a narcotic substance follows from the Government Decree, which lists all drugs and plants that have signs of addiction, destructive harm to health and extreme negative impact on the psyche of any person, while having a stimulating, exciting (sometimes, on the contrary, depressing) effect. In addition, the resolution contains a ban on the circulation of psychotropic substances (drugs that cause persistent mental impairment, the list of which coincides with the list in the 1971 Convention) and precursors (by themselves do not cause consequences, but when mixed with other drugs, a narcotic effect occurs ).

There are two types of narcotic and psychotropic substances:

1. prohibited from circulation at all– this means that any use or consumption of this product is always prohibited, without any exceptions. For example, this applies to substances such as heroin, cocaine, hashish, and all types of spice.
2. restricted substances- that is, those for the purchase of which a strictly accountable prescription is issued - for example, morphine, which is widely used in oncology as a painkiller, but it is impossible to buy it without a prescription in a pharmacy - pharmacists, like doctors, are required to report for each ampoule of the drug. In case of unreasonable consumption of units, the responsible person may be subject to criminal liability. Illegal trafficking of limited funds means the absence of a properly issued (from a doctor) permission to purchase and use a specific medicine containing a narcotic drug.

The Decree of the Government of the Russian Federation regulating the lists of prohibited and restricted drugs is used by all police departments, judges, and experts. In addition, another resolution determines the size of narcotic drugs that influence the qualification of the crime when liability for illegal acquisition, storage and sale occurs:

• significant size;
• large size;
• especially large size.

These calculations in the form of a table are used by the investigative authorities to determine the severity and correct legal assessment of the crime. The task of chemist experts is not only to determine the type of drug, but also the formula of the drug. In 2010, the Government of the Russian Federation approved changes concerning cases when a substance seized from criminals is probably a narcotic, but one chain in the formula was changed, as a result of which the substance was not included in the list of prohibited substances. Currently, taking into account the adopted changes, analogues of prohibited substances are also prohibited for circulation - this means that a similar formula with similar components will be regarded by an expert as a drug.

Acquisition and storage (Article 228 of the Criminal Code of the Russian Federation)

Any way to purchase a drug is always considered illegal, it can be:

• purchase (via the Internet, in person, through friends, etc.);
• donation (especially “newcomers” are given a minimum dose to cause psychological dependence);
• appropriation of what was found (in reality it is extremely rare, but very often it sounds like the version of the detainees - he walked, noticed, picked up who knows what from the ground).

Acquisition is usually charged simultaneously with the subsequent possession of narcotic drugs, both of which are always criminal offenses, with the exception of:

• if the total dose of the detected substance is less than the significant amount established by the Decree of the Government of the Russian Federation.

  Example No. 1. Egorov E.K. I occasionally smoked weed with friends. IN once again they gathered in a group to drink beer and smoke marijuana, E.K. Egorov. had to buy a drug from a drug dealer. When detained by police officers, E.K. Egorov. admitted to having a bag of illegal weed in his trouser pocket. This package was seized, and the weight was determined to be 5.8 grams, which turned out to be insufficient for criminal prosecution (for this type of herbal drug, a criminal case under Article 228 of the Criminal Code of the Russian Federation is initiated starting from 6 grams). Egorov was held liable under Art. 6.8 of the Code of Administrative Offenses of the Russian Federation, he was sentenced to 10 days of administrative arrest (the sanction provides for a fine of 4,000 to 5,000 rubles or arrest for up to 15 days). If the weight of the drug found on Egorov had exceeded 6 grams by at least one hundredth, he would have been prosecuted under Art. 228 of the Criminal Code of the Russian Federation.

• if there is a prescription from a doctor who has issued a direction for the purchase of a restricted medicine that contains a prohibited drug.

Responsibility under Art. 228 of the Criminal Code of the Russian Federation is punishable not only for the acquisition and possession of drugs, but also for:

transportation

when the product is transported from point A to point B without the purpose of keeping it on one’s person;

manufacturing

when chemistry experts invent new recipes for mixing different drugs to create a completely new drug. Previously, in practice, there were difficulties in qualifying the actions of drug addicts who picked the apical parts of hemp and dried them - some experts were of the opinion that by doing so such dealers produced drugs. Subsequently, the practice became established thanks to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 206, such actions should be regarded as one of the methods of acquisition, but not production. In accordance with the explanations of the Supreme Court of the Russian Federation, only those actions that lead to changes in the initial composition of the substance should be considered illegal drug production, as a result of which the manufacturer receives a ready-to-use drug (evaporation, mixing, dilution with liquid, etc.);

shipment

a few years ago, this form of crime was practically unheard of, but currently the use of Russian Post to send narcotic drugs to individual recipients (most often to the bearer) has become quite popular. The calculation is that postal and police workers are unable to check absolutely all the parcels arriving daily in the thousands in the regions of the Russian Federation. And yet, often with the help of specially trained dogs, drug police identify such parcels and organize operational search activities to find the sender and recipient;

recycling

This form of crime is practically never found in cases of trafficking in prohibited funds. According to the Resolution of the Plenum of the Russian Federation, processing means mixing with active substances to increase the concentration of the resulting drug, as well as purification from foreign impurities, provided that the formula of the original product has changed. For example, if two types of substances were mixed, this will not be considered processing.

According to the rules established by law, when a drug is seized mixed with non-prohibited substances, the weight is determined separately from the neutral filler (for example, the weight of marijuana is calculated separately from the tobacco with which it was mixed); When a mixture of several prohibited substances is seized, the final weight will correspond to the total weight of this mixture.

Article 228 of the Criminal Code of the Russian Federation contains three parts:

Part 1 art. 228 of the Criminal Code of the Russian Federation

liability for it lies with those who acquired/stored/transported/manufactured drugs whose weight exceeds a significant amount, but does not exceed a large size (in the case of marijuana - from 6 to 100 grams). Let us remind you: if the drug seized from the detainee does not reach a significant amount, there will be no criminal liability, but there may be administrative liability - in accordance with Art. 6.8 Code of Administrative Offenses of the Russian Federation.

Punishment under s. 1 tbsp. 228 of the Criminal Code of the Russian Federation can reach 3 years of imprisonment. Most often, if a convicted person has committed a crime for the first time, he may be assigned probation or other punishment not related to imprisonment:

• compulsory work for up to 480 hours;
• correctional labor for up to 2 years;
• fine up to 40,000 rubles;
• restriction of freedom for up to 3 years.

In the case where a citizen is repeatedly brought to criminal responsibility at the time of conviction, he will be given actual imprisonment in a colony.

Despite the fact that Part 1 of Art. 228 of the Criminal Code of the Russian Federation is a crime of minor gravity; cases on such crimes (as well as on all others related to the illegal circulation of funds) are considered not by magistrates, but by district courts.

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

responsibility for it falls on illegal possession large quantities of narcotic substances. For example, a large size of heroin is considered to be a weight exceeding 2.5 grams (0.5 grams is significant); some types of so-called “spice” form a large size already with 0.25 grams. (significant – 0.05 g).

For a crime under Part 2 of Art. 228 of the Criminal Code F, only provides for imprisonment for a term of 3 to 10 years. The range is quite large - following judicial practice, we can conclude that when determining the term, judges are guided by:

• personal data – positive characteristics, awards, absence of previous convictions may affect the reduction of the term to a minimum (3 years);
• the weight of the drug is a fairly important criterion, which is necessarily taken into account when passing a sentence (the greater the weight, the longer the term).

Example No. 2. Makarin R.O. was detained by police for hooliganism, and hashish weighing 26 grams was confiscated from him. Taking into account the fact that the large size of this type of substance weighs more than 25 grams (that is, Makarin exceeded this value by only 1 gram), he was given the minimum punishment under Part 2 of Art. 228 of the Criminal Code of the Russian Federation (3 years). In another situation, Repin K.E. was sentenced to 8 years in prison under a similar article of the Criminal Code of the Russian Federation, since he illegally possessed 900 grams (also large) of the same drug.

IN exceptional cases, if there is complete repentance and there are no facts of prosecution before the consideration of this case, the court may assign a suspended sentence. Most often this happens in relation to juvenile convicts.

Part 3 Art. 228 of the Criminal Code of the Russian Federation

liability under it arises for storage and other above-mentioned actions in relation to narcotic and psychotropic substances, the amount of which corresponds to a particularly large one. For example, according to the table approved by the Decree of the Government of the Russian Federation, the following is considered especially large in size:

• over 500 grams of methamphetamine;
• over 500 grams of mephedrone;
• over 50 grams of tetrahydrocannabinol;
• over 200 grams of amphetamine;
• over 1000 grams of acetylcodeine, etc.

In cases with particularly dangerous and potent drugs, it is enough to have a few grams on you for the weight to be considered particularly large (desomorphine - over 10 grams, beta-hydroxyfentanyl - over 2 grams).

The punishment under this provision of criminal law is always severe and ranges from 10 to 15 years in prison. At the same time, criminal cases of crimes under Part 3 of Art. 228 of the Criminal Code of the Russian Federation is not much in the courts - a particularly large size means thousands of doses in one package, which almost always indicates not storage, but the sale of drugs.

Spreading

Drug dealers are often called the sellers of death - due to the actions of one such dealer, more than a thousand people ultimately die. That is why the Criminal Code of the Russian Federation provides for the most severe penalties for the sale of drugs. harsh deadlines imprisonment.

Selling drugs in recent years sharply differs from the usual picture, when a dealer makes an appointment in a deserted place and gives the drug addict a “dose” for money. Just like the items we are used to - clothes, food, equipment - drugs are also bought over the Internet in 80% of cases. Almost always in such cases, investigators charge the commission of a crime consisting of organized group, in which:

• the main organizer purchases the “product” in bulk from manufacturers, who are held accountable extremely rarely; in practice, these are isolated cases due to high confidentiality;
• The organizer’s assistants select “personnel” for further distribution - mostly young people (rarely girls) who contact “employers” through messaging programs. IN lately citizens from the Near Abroad are often brought to criminal responsibility for the illegal sale of narcotic drugs;
• those hired are transferred by transfer or bank card cash within a few thousand rubles for the purchase of a new SIM card, a train ticket to a certain city where the organizer has planned a “business trip”, for an Internet connection;
• The initial task for the future distributor is almost always to carry out an “empty” bookmark. That is, it is necessary to place a small bag with the contents (for example, crushed sugar or flour) in the place that will be indicated by the “curator”, take a photograph of this place and send it to the “management”. Those who have completed this task (there may be several such tasks) are finally approved as distributors and are periodically sent a list of addresses where they will need to make bookmarks. At the same time, employers organize the supply of narcotic substances through previously hired, that is, experienced “employees”. For each bookmark, the pawnbroker is paid 150-250 rubles, and money is transferred to his bank card once a week.

Subsequently, drug addicts, that is, buyers of decomposed doses, spend money through electronic systems payment (so-called electronic wallets), after which the buyer is sent a photo of the area indicating the address - that is, the data where the package with the dose is located. This is how drug trafficking is organized, where some distribute doses, and dependent users pay money for the dose and information about its location.

I would like to warn parents of teenagers who actively use the Internet and social networks, messengers. Children need to be taught that they cannot respond to advertising mailings (including those about making money on the Internet with the promise of substantial profits); such contacts should be immediately blocked, or better yet, reported to law enforcement agencies. The police do a pretty good job of solving crimes against pawnbrokers, but due to the low activity of the population, the percentage of organizers, curators and so-called “dispatchers” included in the huge drug trafficking system brought to justice is quite small - basically, the courts pass sentences on the latter created chain, that is, pawnbrokers.

When qualifying an act under Art. 228.1 of the Criminal Code of the Russian Federation (sale of drugs), as well as during normal storage, the weight of the drug is taken into account (significant, large, especially large), the same table is used, which is approved by the Decree of the Government of the Russian Federation. At the same time, in contrast to acquisition and storage, when selling a narcotic drug of a smaller size, the guilty person is not exempt from criminal liability.

Example No. 3. Operational officers recorded the transfer “for testing”, that is, as a gift (which is also a sale) of a narcotic drug to V.A. Lukonin. The latter was not only known as a drug dealer, but also as someone who hooked young people in his area on drugs. So this time, Lukonin managed to convince 18-year-old Artem Plekhanov that the “remedy” was not dangerous, not prohibited, and even useful to some extent - it helps the brain think faster, pass exams successfully, and you don’t have to pay anything. The last argument, “try it for free, you’ll love it,” was especially strong for young man. Lukonin was there immediately; after handing over the package, the package was detained; subsequent examination established the type of drug - one of the varieties of a synthetic mixture, the so-called “spice,” whose weight was 0.04 grams. To use and obtain an intoxicating effect, such a small dose is quite enough, but according to the table dated October 1, 2012, approved by the Government of the Russian Federation, 0.05 grams of this drug is a significant amount (0.25 grams - large, 500 grams - especially large ). The culprit was brought to justice under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation. If there had been storage of such a quantity of the substance without the purpose of sale, Lukonin would have been subject to liability under administrative law.

The above example describes a well-known and, unfortunately, quite effective way involving people (both adults and children) in the social circle of drug addicts and drug dealers. Therefore, we once again remind the reader of the need to be attentive to the social circle of your loved ones, to be interested in their problems and hobbies.

Article 228.1 of the Criminal Code of the Russian Federation has 5 parts:

Part 1 art. 228.1 of the Criminal Code of the Russian Federation- as we have already written, liability under it comes for transfer, sale, donation, etc. (that is, sale) of a narcotic drug included in the list of prohibited substances, the weight of which is less significant. Punishment under this part can be from 4 to 8 years in prison. In extremely rare cases, the perpetrator may be given a suspended sentence - there are such cases in judicial practice, especially if a minor, a woman, or an elderly person is involved as the accused.

Part 2 Art. 228.1 of the Criminal Code of the Russian Federation provides liability for the same actions committed (alternatively):

• in schools, in sports organizations, in prisons, pre-trial detention centers, on trains, airplanes, etc., as well as in the subway;
• using the Internet.

The punishment under this part of the article ranges from 5 to 12 years in prison.

Part 3 Art. 228.1 of the Criminal Code of the Russian Federation provides for punishment of up to 15 years in prison for the sale of prohibited substances in a significant amount or as part of a group of persons by prior conspiracy. These two signs can occur simultaneously.

Part 4 art. 228.1 of the Criminal Code of the Russian Federation provides for even more severe punishment - up to 20 years in prison, for the following:

• sale of drugs on a large scale (according to the table we wrote about);
• as part of an organized group (when two or more guilty persons act unitedly, harmoniously, with a distribution of roles;
• a person using his official position (for example, a doctor sells drugs);
• if the sale was made to a minor (if the drug was sold/gifted to a child under 18 years of age).

Part 5 Art. 228.1 of the Criminal Code of the Russian Federation provides for the maximum possible punishment in the form of life imprisonment for any actions that were listed in the previous parts, subject to a particularly large amount of funds.

Until recently, in judicial practice there was no consensus on the qualification of the actions of the perpetrator in a situation where he was caught in the act of committing a crime. Supreme Court The Russian Federation provided detailed explanations in the Resolution of the Plenum of the Russian Federation on drug trafficking cases in such situations. So, if the pawnbroker managed to bury a package on a piece of land, but was detained and did not have time to photograph and send the photo to his employer, his actions will still constitute a completed crime, since he has already realized the intent to distribute the product (theoretically, the package is available to an unlimited number of people). But if the pawnbroker only intended to sell the shipment and was detained on the way to the desired place, his actions will involve an attempt at distribution. Such nuances of qualification are extremely important, since they affect the term of imprisonment (in the case of an attempt, it cannot exceed ¾ of the maximum).

Example No. 4. Loktev N.G. once again received a “wholesale” bookmark from the managers criminal group, he needed to put the received 100 grams of the drug into 200 bags and distribute them all to the addresses of one of the districts of Samara. Loktev N.G. He managed to package the received “goods” and put out only 2 bookmarks; while he was at the third address, he was detained. The court rightfully found Loktev guilty of completing the illegal sale of narcotic drugs, despite the fact that most of the drugs handed over to him were not decomposed.

Example No. 5. Nikitin E.R. received already packaged drugs, took 10 packages with him from the total shipment, and headed to the first address in order to leave spice there for a future client. On the way, Nikitin was detained - his actions would involve an attempt at illegal sales, since he had not yet managed to lay out a single bookmark.

Mitigation and exemption from criminal liability in drug cases

The legislator, on the one hand, provided for really harsh punishment for both storage and distribution of prohibited substances in the country. On the other hand, one cannot help but admit that people who use drugs are deeply sick, dependent and in need of treatment rather than punishment. In this regard, according to the note to Art. 228 of the Criminal Code of the Russian Federation, persons who voluntarily handed over narcotic drugs to the police (any weight) are subject to exemption from criminal liability.

Example No. 6. The janitor found a small package of foil in the drainpipe, which contained a plastic bag with some white substance. It was decided to take this package to the police, and subsequently an examination confirmed the suspicion that it was a narcotic drug. Subsequently, the police watched a video from an external surveillance camera of the yard, which clearly showed how the previous evening a man approached the pipe and put something in it, then began to call someone on the phone. The investigation established that a certain Kramorenko P.R., who lives a block from this house, has been staging drugs with narcotic substances for several months, and does this mainly at night and in the same area where he lives. The janitor was not held accountable according to the note to Art. 228 of the Criminal Code of the Russian Federation.

In the above example, we see that the drug was discovered by chance by a respectable citizen who considered it necessary to hand over the find to the police, which is absolutely correct and complies with the legislation of the Russian Federation. And yet, we recommend not going to the police yourself with what you found, but calling a squad to the place of discovery. In this case, operational employees can record the exact location of the package and even take fingerprints from it. plastic packaging, it becomes possible to effectively use service dogs, which work well in cases of illegal trafficking of prohibited funds. The citizen who found the bookmark will not have any problems, since on the way to the police they may stop him and not believe that he is going to the law enforcement agencies to fulfill his civic duty.

The legislator clearly distinguishes between the voluntary release and seizure of drugs during operational or investigative actions. Basically, the purpose of such a distinction is to curb the abuse of the rules of exemptions from criminal liability. Thus, in approximately 20% of cases, the version of those accused of possession of narcotic drugs comes down to the fact that they were just sent to the police to voluntarily hand over the drug, but were detained.

Example No. 7. Mishin P.R. was detained in the park for hooliganism, and during a personal search a narcotic drug was confiscated from him. Mishin denied his guilt, explaining that he was just on his way to the local police department to hand over the substance. At the same time, the court found him guilty of illegal possession, since it was established that on his way from his house to the park there was one of the police checkpoints, but the accused did not enter it and walked past it. In addition, during the arrest, when asked about the presence of prohibited substances on him, Mishin answered the law enforcement department officers in the negative; everything was forcibly confiscated. Thus, Mishin’s version that he intended to voluntarily hand over the drug to the police was refuted.

By the way, if, during arrest, the suspect answers positively to the question about the presence of prohibited items on him and gives out the drug, he will still be held liable for illegal acquisition and storage, since everything was seized during operational search activities, and not in connection with the person’s appearance to the police. In another situation, if an experienced drug addict finally decides to stop using and takes the remaining substance to the police, this will be considered a voluntary surrender and, accordingly, a basis for release from criminal liability.

The Criminal Code of the Russian Federation provides for the possibility of replacing the punishment of persons recognized as needing treatment for drug addiction with that same treatment. Such citizens (only if they are brought to criminal liability under Article 228 of the Criminal Code of the Russian Federation) may be provided medical care in the Narcological Dispensary of the city where the drug addict lives.

Thus, in 2011, Article 82.1 of the Criminal Code of the Russian Federation was introduced, according to which the court has the right to appoint a convicted person under Part 1 of Art. 228 of the Criminal Code of the Russian Federation treatment, provided that:

1. the convicted person is recognized as in need of treatment, as a drug addict - for this purpose an appropriate examination is carried out;
2. the convicted person voluntarily expresses a desire to undergo treatment.

Many of those convicted of drug possession in significant quantities seek to avoid prison sentences and undergo such treatment. At the same time, these drug addicts need to understand that this is not just a way to avoid criminal punishment; here, too, a certain order must be followed:

• do not allow the use of narcotic drugs during the entire period of stay under medical supervision, because if, after treatment, doctors do not record a stable remission, the deferment can be immediately canceled and the convict will be sent to a penal colony. This means that throughout the entire period of treatment, rehabilitation, and at least two years after that, the patient will be under the supervision of narcologists, who cannot be deceived. Therefore, for those who plan to undergo treatment “for show”, in order to avoid punishment, it makes sense to use Art. 82.1 of the Criminal Code of the Russian Federation no. This norm has been introduced only for those who really suffer from addiction and want to get rid of it once and for all;
• If during the deferment period the convicted person commits a new crime, he is certainly subject to being sent to prison, since the benefit is canceled and the penalties for the previous and new sentences are added up.

We have already noted that exemption from criminal liability is provided only for those who are prosecuted under Art. 228 of the Criminal Code of the Russian Federation (replacement with treatment - only under part 1 of this article), it will not be possible to avoid punishment when selling. However, the term imposed by the court can be reduced by:

• concluding a pre-trial agreement with investigative authorities. Such an agreement assumes that the accused is obliged to tell about all the persons who took part in the commission of a common crime, show all the places of storage of prohibited substances known to him, etc. If the terms of the agreement are fulfilled, the convicted person cannot be assigned more than half the maximum punishment under the article of the Criminal Code.

  Example No. 8. Zhuravlev E.A. was part of an organized group for the supply of drugs to the city of Naberezhnye Chelny. During the investigation, the investigators were unable to establish the identities of those who participated in the commission of the crime other than the accused. Zhuravlev decided to agree with the charges under Part 4 of Art. 228.1 of the Criminal Code of the Russian Federation (sale of drugs on a large scale as part of an organizing group) and told about the location of all the criminals, thereby fulfilling the terms of the pre-trial agreement concluded with him. Sanction part 4 art. 228.1 of the Criminal Code of the Russian Federation provides for punishment of up to 20 years in prison. Since in this case the rule “no more than half the maximum term” applies, the court sentenced Zhuravlev to 10 years in prison.

• There are other ways to mitigate the punishment - the basis for a reduction is a confession, a special procedure for considering cases, etc.

In conclusion, I would like to once again remind the reader about the dangers of drugs, many of which cause instant addiction and irreversible changes in the brain immediately, from the first use. Do not take seriously the statements of friends that smoking “spice”, “salt”, “speed” is safe for health - the influence of these substances is so destructive for a person that it brings death closer by decades.

“Drug crimes” are one of the most painful topics in Russia. The Criminal Code contains 11 articles related to drugs in one way or another. The already famous Article 228 of the Criminal Code of the Russian Federation reads as follows: “Illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances." Below is given detailed characteristics this article. It is important to know: criminal lawyers have long known that drugs are the most convenient thing for an investigator when it comes to making good statistics on detection rates.

If you are caught under Article 228 of the Criminal Code of the Russian Federation for the first time

Attention

In the first case, the statute of limitations is 6 years, in the second – 10 years from the date of commission of the crime. If the person who committed it hides from court, the statute of limitations under Art. 228 is suspended and resumed from the moment of his arrest or surrender. Article 228 of the Criminal Code of the Russian Federation, Part 2-4 Part two of this article concerns persons who, according to their official position, are obliged to strictly observe the rules for storing and transporting drugs containing narcotic substances.

If there was a violation, the person who is guilty of this pays a fine or is sent to community service. In this case, the offender 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 for personal gain, liability is provided in the form of imprisonment.
According to the third part of Art.

Checking the investigation. It will become more difficult to extend the arrest.

A.A. committed illegal possession without the purpose of selling narcotic drugs on a large scale (2 episodes). A sentence of imprisonment for a period of 1 (ONE) year and 6 (SIX) months probation was imposed. The case was considered by the Butyrsky District Court of Moscow in a special order. PRI G O V O R In the name of the Russian Federation October 19, 2010

Butyrsky District Court of Moscow composed of: presiding judge Loginov G.A. - individually, with the participation of: state prosecutor - assistant prosecutor of the Butyrskaya Interdistrict Prosecutor's Office of Moscow Khachaturova I.S. defendant Grigoryan A.A., his defense lawyer – lawyer Novoselov-Chursin S.S., with secretary Yarovaya Y.K., having examined in open court the materials of criminal case No. 1-686/10 in relation to: GRIGORYAN A.A.,<данные обвиняемого в совершении преступлений, предусмотренных ч.1 ст.228 УК РФ (два эпизода), У С Т А Н О В И Л: Григорян А.А.

228 - how to get the minimum punishment.

Important

There was storage for one's own use. But the work didn't end there. The lawyer did not allow the witness to come to interrogations alone. The lawyer accompanied the witness at each interrogation. Thanks to this, the investigator was unable to “extract” the necessary testimony from the witness.

Info

As a result of all these actions, the investigator had to change the article - now the charge was under the “soft” Article 228. This was already a victory. And a complete victory occurred in court, when the sentence was announced - 3 years and 9 months probation. Instead of 20 years in prison - 3 years and 9 suspended sentences. And how many “tosses up” there are! How many “of their own” drug sellers are there, who at the right moment “hand over” to the investigator a drug addict who has just bought a “dose” - after all, the investigator needs to make statistics.

How many cases when they find a small dose, but they give you to sign a protocol where a large or especially large dose is indicated.

Article 228 of the Criminal Code of the Russian Federation

It is important to know: for minor crimes you can actually get a suspended sentence. But this also requires the participation of a lawyer, who will convince the court that imprisonment is not required, that a suspended sentence can be done. For Part 2 of Article 228 of the Criminal Code of the Russian Federation (large size):

• imprisonment from 3 to 10 years;
• imprisonment from 3 to 10 years with a fine of up to 500,000 rubles;
• imprisonment from 3 to 10 years with restriction of freedom up to 1 year.

This is a serious crime.
Part 3 of Article 228 (especially large size):

• imprisonment from 10 to 15 years;
• imprisonment from 10 to 15 years with a fine of up to 500,000 rubles;
• imprisonment from 10 to 15 years with restriction of freedom up to 1.5 years.

A particularly serious crime. It is important to know: it is more honorable and profitable for an investigator to solve a serious crime.

Article 228 part 1 of the Criminal Code of the Russian Federation. verdict_3

The court did not establish any circumstances aggravating the punishment FULL NAME1. Taking into account the degree of public danger of the crime, data on the identity of the defendant, FULL NAME1, who was brought to criminal responsibility for the first time, committed a crime of minor gravity, but related to illegal drug trafficking, has a permanent place of work, is not registered in the ND and PND, in accordance with According to the findings of the outpatient forensic psychiatric examination carried out on him, he does not suffer from drug addiction and alcoholism, does not require treatment for drug addiction and alcoholism, as well as a set of medical and social rehabilitation measures (ld.

Art. 228 Part 2 of the Criminal Code of the Russian Federation: punishment, sentence and comments

In addition to the size of the transaction, the object of which is drugs, Art. 228 Part 1 of the Criminal Code of the Russian Federation determines the term, taking into account other nuances that affect the severity of the punishment. Article 228 part 1 of the Criminal Code of the Russian Federation According to Article 228 part 1 of the Criminal Code of the Russian Federation, the sentence is determined according to several parameters. According to a certain paragraph of part one of this article, a person who sells or transports narcotic substances in any form may be imprisoned for a term of 4 to 8 years. The second part of the first paragraph states that the sale of drugs in public places, correctional institutions, airports, railway and sea stations, sports facilities and so on is punishable by a term of five to twelve years. Group drug trafficking carries a penalty of eight to fifteen years in prison and a significant fine. An even more severe punishment under Art.

How to defend yourself if accused under Article 228 of the Criminal Code of the Russian Federation

If the accused has not reached the age of majority. Coercion, threat to life. Difficult life circumstances that prompted the commission of a crime. Presence of a serious illness at the time of investigation. Sincere repentance, assistance to the investigation, attempts to correct and make amends for the harm caused to the victim, confession, and compensation for losses are also taken into account by the court and can serve as mitigating circumstances. The most difficult thing to prove is an uncommitted crime - if the drugs were planted without the knowledge of the accused. In order to prove your innocence, it is worth hiring an experienced lawyer. You shouldn’t give up or try to cope on your own – a lawyer has a better chance of helping.
For each psychotropic and narcotic drug, depending on the concentration of the intoxicating substance in it, significant indicators are established on an individual basis. For example, a significant amount of cannabis is 6 g, hashish is 2 g, heroin is 0.5 g, and JWH-018 is 0.01 g. The offender may face:

• a fine of up to 40 thousand rubles or in the amount of the offender’s income for a period of up to three months;
• up to 480 hours of compulsory work;
• up to three years of correctional labor;
• up to three years of restriction of freedom;
• up to three years in prison.

The sentence is imposed depending on the severity of the crime, taking into account mitigating and aggravating circumstances.
The easiest options are restriction of freedom or a fine. Restriction of freedom, in accordance with Art.
The court considers it possible to pass a verdict in this case without a trial, since FULL NAME1 is accused of committing a crime, the punishment for which does not exceed ten years in prison, in addition, the defendant is aware of the nature and consequences of the stated petition; prior to his application, a consultation was held with a defense lawyer. The court, having studied the case materials, comes to the conclusion that the defendant is guilty of the act accused of him. The charge brought, which the defendant agreed with, is justified and confirmed by the evidence collected in the case.
The actions of FULL NAME1 are subject to qualification under Part 1 of Article 228 of the Criminal Code of the Russian Federation as illegal acquisition and storage without the purpose of selling narcotic drugs in a significant amount.

Article 228 part 1 what will happen if I sign the verdict

Article 228 of the Criminal Code formulates liability for the illegal transfer, sale (sale) or production of narcotic, psychotropic substances and drugs or their analogues. Any of the specified actions with plants and their parts in which these compounds are present is also considered a crime. This is the general composition of the act. It is provided in part one.

Art. 228, part 2 establishes the qualifying elements of the crime. Let's consider them further. Art. 228, part 2 of the Criminal Code of the Russian Federation For acts that are recorded in part of the first article under consideration, the guilty person can receive 4-8 years in prison. In this case, the court additionally has the right to restrict the freedom of the convicted person for a period of up to a year.

Art. 228, Part 2 of the Criminal Code of the Russian Federation provides for two qualifying criteria. If they exist, the sanctions for the crime are increased. In particular, in Art. 228, part.