Among the objects limited in circulation are narcotic and psychotropic substances, compounds, plants that contain them. The Criminal Code provides for several articles establishing liability for violation of the rules for the treatment of these objects. For example, for illegal storage, manufacture, transportation, processing of prohibited substances and plants, the punishment is enshrined in Art. 228 of the Criminal Code. Article 229 of the Code establishes sanctions for their extortion or theft. Consider the norm in more detail.
Art. 229 of the Criminal Code: corpus delicti
For the abduction / extortion of psychotropic or narcotic substances, the plants in which they are present, imprisonment is provided for 3-7 years with or without restriction of freedom for up to a year. Such a punishment is established by Part 1 of Art. 229 of the Criminal Code.
Sanctions are tightened if these acts were committed:
- several previously conspiring persons;
- entity using official position;
- with the use of non-life-threatening violence or with the threat of its use;
- in a significant amount.
According to the second part of Art. 229 of the Criminal Code, for these acts provides for imprisonment of 6-10 liters. In addition, the court has the right to impute:
- a fine of up to half a million rubles or equal to the income of the perpetrators for 3 g .;
- restriction of freedom up to a year.
In h. 3 Article. 229 of the Criminal Code of the Russian Federation established a punishment for the same acts committed:
- in an organized group;
- on a large scale;
- using life-threatening / health-threatening violence or with the threat of its use.
For this, 8-15 years in prison can be charged. As an addition, additional sanctions may be imputed, similar to those established in the second part of Art. 229 of the Criminal Code.
Normal changes
On January 1, 2013, a new version of Art. 229 of the Criminal Code. Part 4 was introduced into it, according to which the punishment is established for the actions specified in parts 1-3, committed in an amount considered especially large. In this case, the perpetrators face 15-20 years in prison. As an addition, the following may be charged:
- recovery of up to 1 million p. or in the amount of income for 5 years;
- restriction of freedom up to 2 years.
Art. 229 of the Criminal Code: comments
The public danger of the acts established in the considered norm is that objects whose circulation is limited fall from their rightful owners to entities suffering from drug addiction or taking part in illegal traffic in prohibited substances. Additionally, there is a risk to the health and life of the victims.
Crimes fixed in 1-2 parts of Art. 229 of the Criminal Code, are classified as serious, h. 3 and 4 - especially serious acts.
An object
The crime encroaches on relations aimed at ensuring the morality and health of citizens. An additional object is property relations. In addition, the offender may infringe on the life / health of the owner of substances and plants with limited circulation.
Subject
They are narcotic and psychotropic compounds, plants, as well as their individual parts, which contain these substances belonging to other persons. The subject of the crime does not have legal rights to them (neither disputed nor valid).
It should be noted that a small amount of prohibited substances or plants stolen from the owner does not affect the degree of danger of the act. Accordingly, the crime cannot be transferred to the minor category, and the size or term of punishment should not be reduced.
Injured
About them in the considered norm is not mentioned. However, as practice shows, the following may be victims:
- Organizations and citizens who own (legally or illegally) substances and plants that are restricted in circulation.
- Subjects with the authority to issue documents allowing the legal way to acquire narcotic / psychotropic drugs, plants containing them, in connection with their professional activities. For example, such persons may be health workers.
- Other entities whose professional duties are directly related to the turnover of narcotic / psychotropic substances. Such persons usually become victims of extortion.
Objective part
It is expressed in extortion or theft. The latter refers to the deliberate gratuitous unlawful seizure of psychotropic / narcotic drugs from someone else's actual possession. In addition, the theft is an unlawful collection of plants (their elements), which contain substances that are restricted in circulation, controlled, or illegally grown on agricultural land. If such actions are carried out in places of natural growth of plantings, then they are qualified according to the first part of article 228 of the Criminal Code. When identifying a marketing goal, the perpetrator is charged with h. 1 Article. 30 and article 228.1 of the Code.
If the collection was made at the place of artificial planting after the official completion of the harvest, the act is qualified according to the 228th norm of the Criminal Code.
Extortion
It implies an unlawful requirement to transfer funds or plants limited in circulation under the threat of violence, damage / destruction of property, dissemination of defamatory information about the victim, his relatives or other information that could harm the interests of the victim of the crime or his relatives. In qualifying an act, such threats must be assessed. They must be real and cash.
Cash means the actual existence of threats in an objective form. Reality implies the ability to influence the psyche of the victim. It is determined by the circumstances:
- indicating a public danger threat;
- concomitant to commit;
- showing the relationship between the perpetrator and the victim;
- determining the identity of the offender;
- transmitting the perception and understanding of the meaning and content of the threat to victims.
Subjective aspect
The criminal carries out his actions with direct intent. He understands the dangers of his actions, expects that he will become the owner of funds or plants, the circulation of which is limited, will harm their rightful owner and wants it. The subject, in addition, is aware of the unlawfulness of such behavior.
Nuances
Self-interest is an essential element of theft.
An erroneous representation of the guilty about belonging to any subject of objects limited in circulation does not affect qualification. If a person believes that he possesses orphan psychotropic / narcotic substances or plants containing them, but in reality they have an owner, the punishment for theft is not applied. Moreover, the actions of the perpetrator are regarded as unlawful acquisition under Article 228 of the Criminal Code.
Subject
You can bring to responsibility a citizen sane and over 14 years old. In case of embezzlement or misappropriation, punishment may be imposed on persons from 16 years of age. When stealing using official position, the subject of the crime is a special one - an official who has access to substances or plants or who is able to use his authority to obtain it.
In the latter case, such persons may be employees of state or commercial structures, municipal services. The form of employment for qualification is not important.
Technical employees (washers, cleaners, etc.) are not recognized as entities having access to substances and plants that are restricted in circulation.
If the extortion is carried out using official status that is not related to the storage / protection of substances or plants, the actions of the perpetrator are qualified only under subsection "2" of part 229 of the Criminal Code.