Art. 231 of the Criminal Code is most often found in judicial practice. Crimes infringing on public health are among the most dangerous. The illegal cultivation of narcotic drugs inevitably leads to the destruction of many lives, which is why the legislator so widely and specifically addressed this issue in criminal law.
What are narcotic drugs?
Drugs are substances hazardous to human health. This concept has a huge number of explanations and examples, but for many it is limited only to the most popular and commonplace, such as sleeping pills, cocaine, heroin, hemp, and some people do not even suspect how extensive this list is.
So, narcotic drugs - this is what contains substances entered by the Government of the Russian Federation into the list of dangerous and prohibited. It can be both plants, and their parts containing these unacceptable elements. They are of natural origin, for example, psilocytes, or synthetic, that is, intentionally created by humans, say, cocaine. All this, regardless of consistency, is a drug that is dangerous to health and life.
Elements of composition: object
Qualification of the act under Art. 231 of the Criminal Code, often requires a lot of work. Determining the corpus delicti can be difficult due to the fact that there are difficulties, especially in the matter of the objective side. However, the first element that needs to be considered is the object, that is, social relations that suffer from the actions of perpetrators.
In this crime, the object will be public health. In some cases, additional social problems related to the life of citizens can be distinguished if, say, cultivation entailed consequences such as death. Also, the chapter of the Code containing this article deals with the morality of society as a whole. She can also act as an object, but apply to Art. 231 of the Criminal Code, it is not entirely appropriate.
Objective side
This article implies liability for the illegal cultivation of plants containing narcotic drugs. But what is it? The objective side, that is, the manifestation of the action in the external environment, in society, in this case, lies in the cultivation, namely in the sowing and cultivation of certain substances hazardous to health. This is a prerequisite for the composition.
It is also important to remember that the qualification condition for the large size of cultivated plants, which is approved and adopted by the Government of the Russian Federation, is important. This moment is specific and implies that if a large-scale face is not reached, then the corpus delicti in such an act also will not appear.
In addition, qualifying features are distinguished here: a group of persons, both organized and by prior agreement, and a particularly large size of cultivation. For example, illegal cannabis cultivation is very common. This activity is enormous, which gives reason to apply the second part of the article under review to the perpetrators, and practice confirms the prevalence of this norm.
Subject of crime
In each crime, the subject can be only a certain person, namely, one who has reached sixteen years of age and is recognized as completely sane. This is a general rule. There are exceptions, namely a decrease in age to fourteen years, as well as an increase to eighteen. However, in the case of an act under Art. 231 of the Criminal Code, responsibility nevertheless in most cases comes from 16 years.
Precedents are frequent when it is minors who are engaged in cultivation. A striking example is the cultivation of a plant such as sleeping pills. It is found in private homes, and mainly teenagers are engaged in its sowing. However, if large-scale plantings are not allowed, then, accordingly, there is no need to start a business and hold these people accountable.
Subjective side
Guilt is essential to any crime. She expresses the attitude of the offender to the act that he commits. As you know, it can manifest itself in two forms. The crime is committed either intentionally (directly or indirectly - it does not matter), or through negligence, frivolity or negligence.
As for the act in question, the cultivation of plants that are prohibited by law is always committed with direct intent. The subject realizes what exactly he grows, understands the danger of this action and, most importantly, wants the negative consequences that are possible in the end. Indiscretion or indirect intent in this corpus delicti, of course, is not present.
Responsibility for an act under Article 231 of the Criminal Code of the Russian Federation
Judicial practice demonstrates the prevalence of the application of this article. Recent cases in the drug industry have been cases where the perpetrators raised psilocyba mushrooms, or hemp planting precedents - all this entails a punishment that varies from administrative punishment to imprisonment. The dimensions depend, of course, on the gravity of the crime and aggravating circumstances.
The most severe and maximum punishment that may be for an act provided for in the article under consideration is imprisonment for eight years, which makes illegal cultivation of plants that contain narcotic substances a serious crime. Also, together with this measure, a restriction of freedom for a shorter period is often applied, however, this issue remains at the discretion of the court almost everywhere.
It is important to note that Article 231 provides absolutely no chance for exemption from criminal liability. It contains a note, but it only captures information about what should be understood as large or, say, especially large size. Accordingly, even if a person voluntarily ceases cultivation, this will not exempt him from just punishment.