Narcotic, psychotropic and other substances are dangerous to life and health, therefore they are prosecuted by law. Art. 328 of the Criminal Code of the Republic of Belarus regulates social relations related to drug trafficking. The production, storage and marketing of prohibited substances is a particularly serious crime and is transferred to the law enforcement authorities of Belarus.
Production and marketing
Narcotic and psychotropic drugs are produced both independently and in some industries. The second includes pharmaceutical companies that develop potent substances under the law for complex operations and putting people into anesthesia.
The rest of the drug is illegal and prosecuted under federal law. Art. 328 of the Criminal Code of the Republic of Belarus describes in detail illegal actions and liability provided for production and turnover.
In addition, some narcotic substances are of plant origin. For example, marijuana (cannabis) can be grown in the courtyard. Many government programs fight the growth of narcotic plants and burn out territories. In accordance with Art. 382 of the Criminal Code of the Republic of Belarus, any activity related to drug trafficking is prohibited. Including the cultivation of plants containing narcotic substances in their composition.
Responsibility for drug trafficking is provided for in the codes of the Republic of Belaus. Depending on the type and weight of the narcotic substance, the court imposes preventive measures on the accused and issues a fair sentence.
Drug-related crimes are dangerous to society, so the punishment is pretty harsh. A verdict on imprisonment of an average of 2 to 20 years may be sentenced by a court.
If it is not proved that a person is associated with the production and sale of narcotic drugs, he shall be held liable for use. The court may conduct a psychiatric examination and forcibly place a person in a medical institution to undergo treatment for drug addiction.
The criminal case brought by the sales is not final. The investigating authority always starts separately material on the article of the production of a narcotic drug.
Dependence
Narcotic drugs are very dangerous, as they cause addiction. If a person has willpower, he can undergo treatment and rehabilitation at medical centers. However, even with the purchase of drugs, you can fall under the Criminal Code article, therefore, all actions related to prohibited substances are very dangerous. Detailed information on offenses related to drug trafficking is specified in Art. 328 of the Criminal Code of the Republic of Belarus. This article provides for imprisonment of a guilty person for up to 5 years.
Rarely anyone can completely get rid of this kind of dependence, since the receptors responsible for sleep, food intake, emotions die off, and the body requires a drug to replenish vital functions.
The use of hard drugs leads to death.
Analogs
There are situations when, at the conclusion of the examination, it is indicated not a known drug, but its analogue or precursor. Such substances are altered drugs. To them add impurities or other means.
In accordance with the decision of the executive and regulatory body on narcotic drugs, their analogues and precursors, criminal liability arises if a person is caught in the production and marketing of a certain weight of prohibited substances. By the invention of analogues, some people are trying to circumvent the law.
Loose herbal narcotic drugs are often mixed with ordinary grass so that the weight of the drug seems larger. However, expert institutions are very responsible for the study of drugs and give only a conclusion on the weight and origin of the prohibited substances.
Pharmaceutical products containing a small amount of drugs are sold only by prescription. This is due to the fact that the use of tablets can harm the body and become addictive if taken improperly.
Plant matter
Plant substances, as already mentioned, can be a type of drug.
For example, the cultivation and marketing of cannabis is punishable by law.
A person may be held criminally liable if a narcotic substance is stored on the territory of his home or prohibited grass is growing. If such information arrives at a law enforcement agency, the message is recorded and an audit is conducted.
By court order, a search may be carried out in a person’s home, as well as his personal search upon arrival at the law enforcement department.
Seized substances are sent for examination to confirm the presence of narcotic and psychotropic elements in their composition.
It is important to know that forbidden grass can grow on its own. To avoid criminal liability, one should get rid of such plants, since the punishment for this can be severe. The maximum term for the sale of narcotic substances is 20 years in prison.
Vigilant citizens should report such plants to the appropriate authorities if they are found in neutral territories. Such areas are burned or sprayed with special substances.
Substance Examination
The investigator solicits an examination and necessarily indicates the questions that the expert must answer:
- what is the total weight of the seized funds;
- how many prohibited substances are contained in it;
- Does the drug relate to drugs?
- manufacturing method and other issues.
Based on the expert’s opinion, the suspect is held criminally liable.
Depending on the qualifications of the criminal case, certain provisions of the law apply, for example, Art. 328 h. 1 of the Criminal Code of the Republic of Belarus and others.
The examination is carried out for several weeks, in more complex cases this process is delayed for months, so the stage of the preliminary investigation can be extended for an indefinite period.
Psychological examination of the suspect
A person suspected of committing a crime, if registered with a narcological dispensary, undergoes a forensic psychiatric examination to establish dependence.
If the result is positive, the court takes compulsory medical measures and places the offender in a medical hospital for treatment.
Age of criminal prosecution under Art. 328 1 of the Criminal Code of the Republic of Belarus is 16 years old. From this age, a citizen must fully realize the wrongfulness of the acts.
The first, second and third parts of Article 328 of the Criminal Code of the Republic of Belarus
In addition, the Criminal Code contains other articles describing various offenses related to the circulation, storage and consumption of narcotic substances. They also contain information on what punishment threatens a person who has violated these provisions of the law.
So, in Art. 328 h. 1 of the Criminal Code of the Republic of Belarus, it is noted that for the manufacture, processing, storage, transportation and acquisition of psychotropic or narcotic substances, without the purpose of their sale, criminal penalties are provided in the form of imprisonment for a term of 2-5 years.
If the suspect had intentions to sell these substances illegally, his activity falls under another part of the article. According to Art. 328 h. 2 of the Criminal Code of the Republic of Belarus, the perpetrator is facing a restriction of freedom for a period of 5 to 8 years. In some cases, such a violation of the law may result in confiscation of property.
In Art. 328 h. 3 of the Criminal Code of the Republic of Belarus it is indicated that if actions falling under the second part of the article were committed by a whole group of people, or by an official using his official authority, or by a person who previously committed crimes that fell under articles 327, 329 and 331 - the term imprisonment can reach 8-15 years. In this case, property may also be confiscated.
The fourth part of the article stipulates that if the actions that are provided for in the second and third parts were carried out using special laboratory equipment and utensils for chemical synthesis, the punishment term may be 10-20 years in the form of restriction of freedom. By court decision, property may be confiscated.
In Art. 328 h. 5 of the Criminal Code of the Republic of Belarus it is indicated that if the illegal actions described in the second, third and fourth parts resulted in the death of a person who used narcotic or psychotropic substances - the term of imprisonment will be from 12 to 25 years.
Confession Turnout
A citizen guilty of an offense may exercise his right and write his own confession. The action should be the desire of the perpetrator, and not coercion of unauthorized persons. Writing a confession must be accompanied by a lawyer.
Upon giving true testimony, a criminal case is instituted, which is subsequently referred to court.
A person may declare a special procedure for legal proceedings. The confession and assistance to the investigation is considered by the court as a mitigating condition, so the sentence will not be as strict as the Criminal Code of the Republic of Belarus provides.
Evidence
When conducting an investigation, authorized persons seize evidence and draw conclusions on their basis. But what happens to physical evidence after a court verdict?
Large items that are the property of citizens are returned to them by belonging. Food and other substances can be transferred to the state. Drugs must be disposed of. This action must be confirmed by a court sentence and put into effect immediately.
Changes to Art. 328 of the Criminal Code of the Republic of Belarus
The third part of Article 328 of the Criminal Code of the Republic of Belarus will be amended to improve the provisions of previously convicted persons.
These changes are currently being considered in the second reading.
The idea came about after the petition of the mothers of the convicts, who created the “Mother Movement 328” group and are seeking restoration of their children's rights.
Deputies note that a new responsibility will be introduced for illegally obtaining funds and valuables.