The Russian Criminal Code is rich in a variety of articles that, at first glance, look alike. These include provisions containing measures of responsibility for the acquisition, distribution and manufacture of narcotic drugs, that is, for drug trafficking.
In medicine, as you know, narcotic drugs are used only in the most extreme cases, when it is not possible to help the patient to get rid of pain by traditional methods. As a rule, the medical circulation of certain drugs is completely legal.
However, the narcotic effect of many substances led to their use in a completely different field.
It is necessary to distinguish between the actual narcotic drugs, their precursors (intermediate substances in the reaction), derivatives, psychotropic substances and salts of substances that are not allowed for free circulation in Russia.
Narcotic drugs for personal use
In the Criminal Code, drug trafficking is directly described in Articles 228-233. Despite the fact that for the average person the sale, transportation and other actions with narcotic drugs, as well as their classification by type and narcotic effect, do not differ significantly, the legislator divided the essence of the turnover into several dispositions.
Articles 228 and 228.3 impose penalties for the acquisition, storage and transport of narcotic drugs, as well as their precursors or plants containing intoxicating substances and psychotropic substances. Moreover, the legislator divides narcotic drugs and precursors into articles. It can be noted that the article for drug possession involves a sentence of up to 3 years in prison. For the acquisition and storage of only precursors is only a restriction of freedom for a period of up to 1 year.
Here it can be noted that these articles provide only those actions that a citizen can perform in relation to narcotic drugs for his own use, that is, not for sale, even if there is a particularly large size.
Criminal prosecution cannot be carried out only if the citizen voluntarily handed over to the law enforcement agencies the intoxication drugs of chemical or plant origin stored in him. Moreover, as indicated in Article 228, the detection and seizure of narcotic drugs from a citizen by law enforcement officials will not be considered voluntary surrender, therefore, a person is not exempt from liability.
Narcotic drugs for sale
There is also an article for drugs, which provides for the actual sale of narcotic drugs (228.1), as well as a provision on the sale of precursors (228.4). Punishment is thus imposed, not only for production, but also for sale to third parties. Moreover, in judicial practice, sometimes difficulties arise in proving the intent of a person guilty of selling drugs or psychotropic substances. The punishment for these actions, which are dangerous for society and are considered as an encroachment on public health and public morality, is from 4 to 8 years.
If the sale of substances was carried out on a particularly large scale, using the powers of the post organized by the formation of a group of people, then imprisonment in this case can be from 15 to 20 years.
List of prohibited substances
The amount of funds seized is the limit by which any article for drugs can be applied. There is a list of drugs that have a psychotropic or intoxicating effect. The list is quite extensive, but there are often meeting substances that are seized from individuals:
- Diacetylmorphine (heroin).
- Desomorphine.
- Hashish.
- Lysergic acid.
- Poppy straw.
- Methamphetamine.
- Opium.
- Ephedron.
- Amphetamine.
- Codeine.
- Cocaine et al.
In addition, there are funds that are absolutely prohibited from circulation, and 0.0001 grams are sufficient for criminal liability. In practice, 0.5 grams of heroin is enough to receive a sentence in a colony or conditional punishment, depending on the presence of extenuating or aggravating circumstances in the case, which is provided for in the article on drugs.
Drug trafficking
Separately, it is worth noting a violation of the rules for the turnover of narcotic drugs. This is primarily due to turnover in the field where the substances are approved for use, but only in limited quantities or for a specific purpose, as well as by prescription.
If the person who is responsible for the storage, transportation and other actions with narcotic or psychotropic drugs, as well as precursors or plants containing narcotic substances, violates these rules, he will be held criminally liable and punished with a fine of up to 120 thousand rubles.
In reality, such persons who are responsible for complying with the rules and appropriate storage, as well as for the inadmissibility of the theft of narcotic drugs, sign a corresponding document on full material and criminal liability upon entering service with a certain organization.
Drug theft
There is a separate article for drugs in terms of their theft or extortion. Do not confuse simple theft, which can be called ordinary theft, with theft of drugs. As well as extortion. Ordinary extortion is provided for in a completely different article (163 of the Criminal Code of the Russian Federation), which contains sanctions for this crime, different from punishment for extorting drugs.
Since people who have intoxicating substances bear personal responsibility for them and do not have the right to give drugs to the criminal, the latter can use weapons or objects similar to him. Also, this act is closely related to the threats of murder or serious bodily harm in order to take drugs by force. Article of the Criminal Code of the Russian Federation under number 229, paragraph “c” part 3 contains a direct reference to this nature of the crime. Accordingly, the act is subject to qualification in accordance with this norm.
Customs crime
Another type of drug trafficking is smuggling. This term refers to the illegal transportation of certain things (including drugs) across the state border in violation of customs regulations. In Russia, the smuggling of intoxicating and psychotropic substances is provided for in the Criminal Code and is punishable by a real term of imprisonment of 3 to 7 years.
The use of a threat against a customs employee, as well as if the act is committed by an organized group, is qualified under this article and shall be punishable by deprivation of liberty for a term of 15 to 20 years.
Addiction
If there is an article for the use of drugs, there must also be a rule of law providing for the inducement to use, since the more consumers, the better for drug dealers. For declension, the Criminal Code in the form of Article 230 provides for a real term in a colony of 3 to 5 years.
Often, addictive substances that are addictive the first time are used to persuade undeveloped psychologically underage citizens, which can lead to the death of victims. This act is considered in the specified article under paragraphs “a” and “b” of part 3 and is punishable by imprisonment for a term of 10 to 15 years.
Qualifying signs
In any of these articles that are related to the illicit trafficking of intoxicants, there are at least three parts. Accordingly, in the first part, the article on drug use (228) provides for a significant amount of such substances (depending on the substance), in the second part - large, in the third - especially large size.
In the remaining articles, the second and third parts provide for criminal acts committed against two or more persons, by several persons or against minors, as well as by a person using his official powers or an organized criminal formation, respectively.
Such crimes, which indicate the systematic nature of illegal traffic on a particularly large scale, are punishable in proportion to the crime (from 10 to 20 years, as indicated earlier).
Thus, an article for the distribution of drugs may contain a description of a simple crime as well as a grave or especially grave one. The larger the volume of drug trafficking, the more officials involved in this, the stricter the punishment (articles for sales - 228.2 and 228.4).
Drug movement and distribution
For the sale of narcotic drugs, various methods and methods are used that harm not only those who then use intoxicants, but also those who directly sell them.
There are known cases when people transported drug capsules for transporting intoxicants from abroad, which were then removed in a well-known manner. If it is not possible to get the capsules with the contents (there is a mechanical damage to the containers directly in the stomach), the person dies from an overdose.
Thus, it can be noted that the article provides for a stricter penalty for drug sales than for the manufacture or storage and processing without the purpose of selling or selling for free. This is due to the fact that in the first case, public safety is violated to a greater extent than in the second.
Stash Content
They are also criminally liable and those who consistently provide any premises for the use or manufacture of artificially intoxicating substances. In this case, the article for drug distribution will no longer apply.
The crime is qualified under article 232 - maintenance of dens. This may be an apartment, the owners of which themselves use stupefying substances, giving the right to use their living space to third parties for the implementation of plans for the manufacture and use of narcotic substances.