В конце XX - начале XXI века уровень distribution of drugs in the Russian Federation reached its peak. This relatively new option of getting "unforgettable sensations" has become a very fashionable way to relax. The problem is that drugs were distributed not only among young people, but also among a part of the adult population of the Russian Federation.
As we understand this situation is enoughadversely affected the welfare of the whole society. In order to prevent mass degradation, government agencies declared a “war” on drugs throughout Russia. The state has taken severe measures to protect society from drugs. First of all, a legal “frontier” was created, which consists in criminal liability, as provided for by article 228 of the Criminal Code of the Russian Federation.
Article number 228: what is it?
Данная статья закрепляет правовые нормы, thanks to which the punishment of persons illegally acquiring or storing narcotic substances. However, the very essence of the article of the Criminal Code 228 of the Russian Federation will be discussed further. It is necessary to begin to dwell on its social aspect. With its help, not only is the punishment of people who keep drugs, but also the re-education of those who are prone to such actions. Already in 1998, the Ministry of Internal Affairs of the Russian Federation provided summaries, according to which more than one hundred thousand Russian citizens were convicted under article 228 of the Criminal Code of the Russian Federation. At the same time, out of the total number of more than thirty thousand people were sentenced to such punishment as imprisonment. Thus, it must be remembered when analyzing article 228 that this is not only a harsh preventive measure, but also a universal way of re-education.
Section 228: corpus delicti
The article contains in its structure severalparts. Each of them fixes the sanctions imposed for crimes of varying severity and the number of the subject of the crime. According to the first part of Article 228, illegal transportation, acquisition and storage, manufacture, and processing without the purpose of further marketing of narcotic drugs are punished with fines, compulsory correctional labor, and imprisonment. The sanction is an alternative, so the court will consider the circumstances in which narcotic substances were detected, as well as other essential facts. It is necessary to take into account the fact that deprivation of liberty in the first part of Article 228 may last up to three years.
Illegal acquisition, storage. Interpretation of concepts
Очень часто некоторые граждане и даже люди, those who have a legal education do not understand the interpretation of the concepts “illegal storage” and “illegal acquisition”. As for the second phrase, it can be considered from several positions. For example:
- it is not necessary to consider the acquisition solely a purchase, since any method of obtaining is illegal and is called an acquisition;
- Regardless of the punishment or gratuitousness of the method of obtaining drugs, it will be considered illegal;
- “Treats” are also subject to Article 228, and both the recipient of the “gift” and the donor himself will be held liable;
- it should be remembered when analyzing the precedents of the distribution of narcotic substances and article 228 itself, that this crime is considered to have been completed since the moment of the transfer of drugs.
Квалифицировать и охарактеризовать незаконное storage is much easier. Any such actions of a deliberate nature aimed at ensuring the safety of narcotic drugs (carrying, hiding in caches, etc.) fall under such a legal characteristic.
Qualified crime
We found out that the article Criminal Code 228 allows you to bring to the criminalResponsibility of persons who illegally store or purchase drugs, the constituent elements for their production, etc. However, the same article presents a qualified corpus delicti, which is characterized by an aggravating circumstance - the actions listed in the first part of the article, committed on a large scale. With the existence of a qualified composition, criminal responsibility increases significantly, namely, the offender may be sentenced to imprisonment from three to ten years, as well as a fine of up to five hundred thousand rubles. Unlike the first part of the article, the sanctions are quite severe, because there are no alternative punishments.
Highly qualified crime
The most severely punished acts that fall under the consideration of the first part of the 228 article, committed on a particularly large scale.
The term of imprisonment may vary fromten to fifteen years, while a fine of up to five hundred thousand rubles is imposed on the person. It is necessary to take into account the fact that the voluntary surrender of drugs to the relevant authorities, as well as all possible assistance to the investigation, completely exempt the person from criminal liability for illegal possession and acquisition.
So, we considered article 228 of the Criminal Code of the Russian Federation: what it is, what types of punishment are provided for violating it, as well as the types of corpus delicti.
