The turnover of narcotic / psychotropic compounds, plants and their elements in which they are contained is strictly regulated. For violation of the provisions of the law in this area provides for various measures of responsibility. Criminal punishment, in particular, has been established for the theft or extortion of narcotic drugs or psychotropic substances. Article 229 establishes sanctions for these acts. Consider its features.
Compositions and punishments
For the extortion / theft of narcotic / psychotropic compounds, plants / their parts in which these compounds are contained, the perpetrator faces 3-7 years in prison. In addition to this punishment, part 1 of article 229 of the Criminal Code of the Russian Federation allows for the possibility of imposing a restriction on freedom of up to 1 g.
The sanction for the specified acts is toughened if they are committed:
- By several citizens by prior conspiracy.
- Subject using official status.
- With the use of violent acts not recognized as dangerous to health / life, or with threats of their use.
- In a significant amount.
On the basis of the 2nd part, the perpetrators are charged with 6-10 years in prison. In addition, the following may be prescribed:
- Recovery up to 500 t. or in the amount of income for a period not exceeding 3 liters.
- Up to a year of restriction of freedom.
Violations provided for in parts 1, 2 may be committed:
- Organized group.
- In the amount considered under the Criminal Code large.
- With the use of violent acts that pose a danger to health / life, or with the threat of their use.
For such acts, liability is secured by the 3rd part of Article 229 of the Criminal Code of the Russian Federation. Guilty faces 8-15 years in prison. At the discretion of the court in addition may be charged:
- Fine up to 500 thousand p. or equal to income for 3 g.
- Up to 2 years of freedom restriction.
When committing the above acts in an amount recognized as especially large, the subjects face 15-20 years in prison with an additional fine of up to 1 million rubles. or collection in the amount of income for 5 years or restriction of liberty up to 2 years or without these sanctions.
Article 229 of the Criminal Code with commentary
The crime specified in the norm is of particular public danger. The threat to society is caused by the fact that substances (psychotropic / narcotic), plants and their elements containing these compounds pass from their legal owners to entities that are participants in the illicit trafficking of these items or who are addicted to drugs. In addition, additional damage may be caused to the health and life of the victim.
Violations enshrined in parts 1 and 2 of Article 229 of the Criminal Code of the Russian Federation are considered to be serious, and in parts 3, 4 - especially serious.
The object of the attack is public relations related to ensuring public health and public morality. An optional (additional) object is the property relationship or the health of a particular victim.
Subject of action
They are substances belonging to another person (foreign substances). The guilty person has no right to them (neither disputed, nor valid), regardless of whether there is an indication of the retail price on them.
An insignificant amount of the stolen effect does not have a degree of danger to society. Accordingly, a small amount of stolen substances cannot serve as a basis for transferring the crime specified in article 229 of the Criminal Code of the Russian Federation into the category of impregnable because of its insignificance.
Injured
The subjects on which the criminal actions of the perpetrators are addressed are not defined in the dispositions of parts of Art. 229 of the Criminal Code. The Criminal Code of the Russian Federation as a whole does not provide for the indication in the norms of signs of injured persons.
It seems that the victims may be:
- citizens and organizations possessing the relevant substances lawfully or illegally;
- employees authorized to draw up documents providing the opportunity to legally acquire these funds / substances;
- citizens with access to the subject of a crime;
- other entities whose labor duties are connected with the lawful circulation of the corresponding means and compounds, plants in which these substances are present.
Objective part
In article 229 of the Criminal Code, there are 2 methods for committing an act: by extortion or embezzlement.
The latter should be understood as the illegal intentional gratuitous withdrawal of an object of encroachment from someone else's possession (lawful or unlawful). The owner of substances, products, plants (their elements) containing them can be a state, public organization, institution, enterprise (the form of ownership does not matter), as well as a citizen.
Theft will be the collection of plants under control in the Russian Federation, or their parts on agricultural land, including legally used by enterprises and individuals, as well as illegally grown by citizens.
Qualification Features
If the collection of plants is carried out from areas of natural growth, the act is regarded as an unlawful acquisition under Article 228 of the Criminal Code of the Russian Federation. 229 of the Code, respectively, does not apply. If at the same time signs of a marketing target are revealed, the assault is qualified as preparation for it according to the 1st part of the 30th article and Art. 228.1 in the aggregate.
If the perpetrator collected plants (their parts) from the artificial planting areas after the completion of the official collection and removal from the protection territories, the actions do not form theft.
When detaining a person who stole compounds, plants (their elements), limited in circulation, when moving them across the state border, the act additionally falls under Article 229.1 of the Criminal Code of the Russian Federation.
Criminal Code: Exemption
It is a mandatory sign of fraud, robbery, robbery, theft. Upon removal from the possession of the owner or other entity under the protection or control of the subject of the crime, secret or open, violent or non-violent, unlawful possession and acquisition of the opportunity to dispose of the objects of the act are assumed.
Waste or misappropriation are not accompanied by such actions. They suggest only turning the subject in favor of the culprit.
Gratuitousness
The removal / handling of substances should be free of charge. Gratuitous does not imply the return of the item in kind, reimbursement of its value in money or other valuables.
Gratis is also recognized as an exemption in which disproportionately less compensation is provided for an object.
Effects
They consist in causing property damage to the substance owner. Its size is expressed in the value of the stolen.
Between actions aimed at withdrawal and negative consequences, a link must be found.
The moment of completion of the act is determined in accordance with the form (method) in which it was committed. The infringement is considered completed at the time of the immediate seizure of the item and the occurrence of the actual opportunity for the perpetrator to dispose of it at his own discretion.
Extortion
It involves the unlawful demand of the offender to transfer to him or another subject substances restricted in circulation, plants / their elements containing them, under threat:
- use of violence;
- damage, destruction of property;
- dissemination of information defaming the dignity / honor of the victim (relatives of the victim), other information that could harm him or his relatives.
Mandatory features
The threat must be real and cash. The latter means that she was indeed expressed to the victim. The reality of the threat is associated with the degree of its impact on the psyche of the face.
Extortion under the threat of disseminating information disgracing the identity of the victim should be considered a requirement for the transfer of substances, plants (their elements), limited in circulation, accompanied by threats to disclose information about the crime, misconduct committed by the victim or his relatives. When qualifying, it does not matter if this information is true or not.