228 article of the Criminal Code. Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues

Drug use is a real threat to modern society. Most young people who are not yet 30 years old die from overdose or other diseases transmitted through the blood after intravenous administration of various toxic drugs. It is for this reason that the state has seriously tightened the punishment for drug possession, which provides for article 228 of the Criminal Code of the Russian Federation. It applies specifically to dependent people who store and acquire prohibited substances for their own use without the purpose of selling to others.

228 article of the Criminal Code

Main

Drugs are especially dangerous psychotropic substances that can permanently destroy a person’s previous life and even lead to death. It is for this reason that the state is tightening legal methods of struggle against the use and distribution of psychotropic substances. The punishment for possession and manufacture, as well as the transportation of drugs is stipulated in article 228 of the Criminal Code of the Russian Federation. Its main feature is to bring to justice those who carry hazardous substances with them for their own use and do not pursue the goal of reselling them to other people. At the same time, drug addicts, acquiring prohibited means, themselves do not understand the fact that they commit a wrongful act that ruins their health and life. In addition, Article 228 of the Criminal Code of the Russian Federation provides for a rather severe punishment for all violators of the law.

Release

When committing a crime, which is indicated by Article 228 of the Criminal Code, a person may not suffer any punishment for it if he voluntarily transfers the acquired drugs to law enforcement officers. In addition, the violator will be released from criminal liability if it facilitates the disclosure of the committed criminal acts related to the trafficking in psychotropic substances.In this case, the violator of the law is saved by a test purchase, which is carried out by the officers of the Department of Internal Affairs. In this case, the person must contact the person who sells drugs and purchase the prohibited substance from him for his own use. Then pass the last to the police.

article 228 of the Criminal Code of the Russian Federation last amendments

This provision of the article indicates that citizens on their own can avoid punishment and help law enforcement agencies in the fight against crime and drug trafficking.

Composition

In order to attract a person for the unlawful acquisition of psychotropic substances, it is necessary that there are all signs of a committed act. The composition here will be the following:

  • the object is human health and society as a whole;
  • the subject is a sane person who is sixteen years old;
  • Objective side - violation of the rules of trafficking and the purchase of prohibited substances;
  • the subjective side is the attitude of the citizen to the perfect act (it is always intentional).

psychotropic substances law

In the presence of these signs of a person can be attracted for the crime. In the event that one of these elements is missing, the composition of the crime will not be.

Punishment

The Law on Psychotropic Substances states that the purchase, storage and transportation of narcotic drugs and their analogues is carried out only in accordance with the prescribed norms. Therefore, people with drug addiction and purchasing illicit drugs are subject to criminal liability. Art. 228, paragraph 1 of the Criminal Code states that the punishment for possession, purchase and processing of narcotic drugs can be in the form of a fine, correctional and compulsory work, as well as restrictions and even imprisonment (up to three years).

In the event that the size of the acquired substance is considered large, then the sanction here will be more significant. The illegal purchase and storage of drugs can cost a person freedom for a period of three or even up to ten years. In addition, the court may impose an additional penalty in the form of a fine or limited freedom.

illegal acquisition of psychotropic substances

If the volume of acquired psychotropic substance is impressive, then the sanction here is from 10 to 15 years in isolation from society. In addition, an attacker may be liable to pay a fine of up to half a million rubles, as well as restrict his freedom after serving the term.

Sales

In this case, it is a serious atrocity, where the punishment for the guilty person can only be in the form of isolation from people. In addition, the court has the right to apply to the convicted person an additional sanction in the form of restriction of his freedom. Because the sale of narcotic drugs is a particularly dangerous crime, which brings dealers large profits, but at the same time ruins the lives and health of other, dependent people. As a rule, sick citizens try to find money in order to get the desired dose. In addition, for the sake of dose, drug addicts go to theft, robbery, and even murder, in connection with which the punishment for this act is constantly being toughened. As a rule, amnesty for drug dealers is never extended.

Article 228 p 1 of the Criminal Code

In the case when the purchase of prohibited substances is made in the framework of operational activities, the act is qualified using art. 30, art. 228.1 of the Criminal Code. The comment contained in the code also states that the person will not be held accountable if the drug is used to treat animals. In addition, dumping or leaving prohibited substances in some places without transferring to other people for use or resale will not constitute a sale.

Changes

The code of atrocities in 2016 introduced various innovations. In addition, the legislators did not remain indifferent to the problem of possession and purchase of drugs, as indicated in article 228 of the Criminal Code of the Russian Federation. The last amendments touched only comments that refer to such designations as the size of a prohibited substance intended for processing and subsequent use. The main goal of the legislators in this case is to toughen the punishment for committing crimes against public health.

Article 228 of the Criminal Code of the Russian Federation in a new edition

Interpretation

Despite the fact that many people understand the meaning of all the concepts stipulated by the laws, however, the norms of art. 228 of the Code of Atrocities requires more detailed study. In addition, not all citizens, even with higher education, can figure out what is storage and processing, transportation and manufacture of narcotic substances, and especially their counterparts. Therefore, art. 228 of the Criminal Code of the Russian Federation in the new edition gives a little more attention to these concepts than before. For example, storage should be understood as the possession of a person by a narcotic drug, which he needs for his own use, while he may be in his closet, safe, clothing pockets.Recycling means getting something else out of one substance, defined as an unlawful means for injection, but without further marketing. Transportation involves the transfer of drugs from one place to another under cover or in special containers.

Arbitrage practice

The problem of drug addiction in Russia is one of the most pressing. Therefore, law enforcement agencies are directing all their efforts to prevent the emergence of new criminals and victims who are dependent on intoxicating substances.

Article 228 1 of the Criminal Code of the Russian Federation

Example

The citizen used drugs for a long time. During the period of taking the next dose, which he did not have at hand, he decided to seek help from his friend, who helped him find this potion. After buying the drug, he used part of it, and left half of it in the pocket of his jeans for a new injection. At this time he went out into the street, where he was detained by law enforcement officers. It turned out that his friend participated in operational activities. A citizen found in the pocket of a prohibited substance. After that, he wrote a confession and gave testimony.In addition, in every possible way he helped the investigation in exposing other intruders, which was later recognized by the court as a mitigating circumstance. He received punishment in the form of a fine.

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