Illicit trafficking in illegal drugs and psychotropic drugs in Russia is a dangerous phenomenon that threatens the safety and health of our society. Drug-related crimes pose a great danger to the health of citizens and the nation as a whole: these substances are highly addictive, it is very difficult to get rid of them, they alter and mutilate a person and cause premature death of young people. That is why the fight against the spread of drugs is the primary task of the state and society.
Legislative methods against drug trafficking
The laws of our country provide for severe penalties for the acquisition and distribution of drugs. This issue is covered in article 228 of the Criminal Code of Russia. She regulates the punishment for such crimes:
- drug purchase;
- preservation and movement of narcotic substances prohibited by law;
- purchase and preservation of psychotropic substances;
- purchase and preservation of plants that can be used for the manufacture of drugs;
- production and processing of substances prohibited by law.
It should be noted that a person commits criminal acts without the goal of selling drugs. Only in this case can they be qualified according to Art. 228 of the Criminal Code.
The article spells out various restrictions for citizens for these crimes: fines, compulsory and corrective labor, restriction or imprisonment. The punishment depends on many factors: the severity of the deed, the personality characteristics of the offender himself, his attitude to perfect, etc. The legislation in this area is constantly undergoing various changes. Currently, Art. 228 of the Criminal Code - A new edition in force since 2013.
Punishment for the distribution of drugs
Preventive measures, which provides for the considered Article. 228 of the Criminal Code, depend primarily on the size of narcotic and other prohibited substances in the circulation of criminals. The more drugs a person sells or stores, the more severe the punishment he faces. The maximum measure for a person who has found a small amount of drugs is up to three years in prison. For such an act committed on a large scale, the article provides for a more serious punishment. A person may be sentenced to a term of up to 10 years. Moreover, he may additionally be assigned a fine. The most severe punishment provides for the third paragraph of the article. If a citizen takes part in drug trafficking on an especially large scale, the Russian court may pass a sentence under Art. 228 of the Criminal Code up to imprisonment for a term of 15 years, combined with a large monetary fine.
The size of the drug depends on the type and severity of the drug. This issue is regulated in detail by the Government of Russia in its Resolution of 2012.
What is drug acquisition?
For the correct qualification of a crime under Art. 228 of the Criminal Code, it is important to determine what is the acquisition of narcotic and psychotropic drugs. To say that a person acquired such substances is possible only if he transferred money for them and received them. Only then does a person become the actual owner of the prohibited substances.
In the case when the money was transferred to the seller, but the buyer did not receive drugs, such an action cannot be qualified as an illegal acquisition. This is an attempt to purchase prohibited substances.
What is meant by storage and transportation of narcotic substances?
The possession of substances prohibited by law is also a criminal act. Under such storage refers to the possession of these substances. This crime can last long enough until it is solved.
Drugs are transported from one point to another by means of vehicles. Illegal transportation is considered to be carried out by individuals as well as legal entities in the absence of a special license.
For the correct qualification of a crime, it is important for law enforcement agencies to distinguish illegal storage and transportation without the purpose of sale from storage and transportation for personal consumption. Ultimately, such a question is decided by the court on the basis of all the circumstances of the crime.
Production and processing of prohibited substances
The manufacture and processing of narcotic substances, according to the law, are considered such actions as a result of which ready-to-use drugs are obtained from chemicals or plants. Therefore, such actions as crushing a plant for more convenient use, dilution of a drug cannot be considered a manufacture.
Thus, only those actions in which the chemical composition of a substance changes can be considered as manufacturing and processing. If it remains unchanged, the actions of a person cannot be qualified as the manufacture and processing of prohibited substances.
Is it possible to avoid punishment?
For a person who has committed the above crimes, in Art. 228 h. 3 of the Criminal Code of the Russian Federation provides the only way to avoid punishment for their actions. To do this, he can perform the following actions: voluntarily surrender the prohibited substances, help law enforcement agencies to solve the crime related to the possession, sale or manufacture of drugs, indicate the persons involved in the manufacture and distribution of drugs.
However, exemption from liability is not possible if the prohibited substances and plants are seized from the suspect by law enforcement agencies. In this case, a person can only rely on a mitigation of punishment if he will help in solving the crime.
The current edition of Art. 228 of the Criminal Code of 2015
The legislation governing the fight against drug trafficking is constantly changing, adapting to new life realities. So, in 2012 were included in Art. 228 of the Criminal Code amendments that introduced a new gradation of the amount of prohibited substances. The legislation introduced a turnover of "significant size", which did not exist before. At the same time, a particularly large volume of narcotic substances increased. Thus, new corpus delicti appeared and part 3 was added to the article.
In general, over time, legislation moves towards tougher penalties for such crimes. This is confirmed by the current edition and changes to Art. 228 of the Criminal Code of 2015. This tightening is inevitable and understandable, since the issue of protecting Russian society and youth from drugs is more relevant than ever - traffickers in illicit substances continue to conduct their black business, capitalizing on the lives and health of Russian youth.
The fight against drug addiction is an important task of the state
Caring for the moral and physical health of the nation is an important state task. The spread of narcotic substances has an extremely negative effect on the health of citizens. They cause a very quick addiction to the consumer. If we talk about potent substances, such as heroin, they can be addictive with the first dose. At the same time, people who use the so-called soft drugs, over time, switch to more powerful and harmful substances.All of them lead a person to one logical result - spoiled health, life and death at a young age. That is why the issues of trafficking and production of such substances are strictly regulated by applicable laws, and the penalties for these crimes are quite strict and become more and more toughened over time.
