Article 230 of the Criminal Code of the Russian Federation in a new edition with Comments and latest amendments for 2021

New edition of Art. 230 of the Criminal Code of the Russian Federation

1. Inducement to consume narcotic drugs, psychotropic substances or their analogues -

shall be punishable by restriction of freedom for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of three to five years.

2. The same act committed:

a) by a group of persons by prior conspiracy or an organized group;

b) has become invalid;

c) in relation to two or more persons;

d) with the use of violence or the threat of its use;

e) using information and telecommunication networks (including the Internet), -

shall be punishable by imprisonment for a term of five to ten years, with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, if they:

a) committed against a minor;

b) caused by negligence the death of the victim or other grave consequences, -

shall be punishable by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.

4. Acts provided for in parts one, two, paragraph “a” of part three of this article, if they negligently resulted in the death of two or more victims -

shall be punishable by imprisonment for a term of twelve to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.

Note : This article does not apply to cases of promoting the use of relevant instruments and equipment used for the consumption of narcotic drugs and psychotropic substances for the prevention of HIV infection and other dangerous infectious diseases, if these acts were carried out in agreement with executive authorities in the field of health care and internal affairs bodies business

Corpus delicti

The objective side of the act is inducing other people to use drugs. The social danger of such an offense lies in expanding the circle of citizens who consume psychotropic substances and promoting the drugs themselves.

Inducing citizens to use means any deliberate actions that are aimed at arousing their desire to consume such substances.

It can be:

persuasion;
giving advice;
deception;
psychological violence, etc.

Reference . Inducing teenagers and children to use drugs is the commission of the above actions in relation to persons who have not yet reached the age of 18.

The subjective side is direct intent, that is, the person not only understands that he is committing a crime by inducing another person to use drugs, but also wants it.

The corpus delicti under Article 230 of the Criminal Code of the Russian Federation is formal, that is, it will be completed at the moment when the citizen begins to encourage another person to try drugs.

Objects and subjects

The object of the act is social relations that ensure the health of citizens and their morality. Additional objects include the life and health of individuals when irreparable harm is caused to them, as well as the full development of the younger generation.

The subject of the offense is a sane person who was already 16 years old at the time of the crime.

Single-multiplicity of declination

When qualifying a crime, it does not play a special role how many times one person encouraged another to use drugs.

Attention . To detect criminal motives in a citizen’s actions, it is enough if he at least once suggested that someone try illegal drugs.

If this happened several times, but without the aggravating circumstances listed in Part 2 and Part 3 of Article 230 of the Criminal Code of the Russian Federation, then the act will be determined according to Part 1.

Material elements of the crime

It is provided only in paragraph “b”, part 3, article 230 of the Criminal Code of the Russian Federation. Other serious consequences include:

causing serious harm to human health;
HIV infection;
suicide of a person or attempt to commit it;
development of severe drug addiction/mental disorder in a person;
termination of pregnancy, etc.

The essence of Article 230.1 of the Criminal Code of the Russian Federation and comments to it

It is dedicated to the crime of inducing an athlete to use substances or methods prohibited in sports. The article consists of three parts and two notes.

Its first part lists penalties for the fact that an athlete is suggested by his coaches or sports medicine specialists to use any illegal substances or methods, unless otherwise provided under Article 230 of the Criminal Code of the Russian Federation.

Under Part 2 of the same article, penalties are imposed in cases where the same act was committed with the following aggravating circumstances:

by a group of citizens according to a pre-agreed plan;
in relation to a teenager or child who plays sports, or several persons at once;
using blackmail/violence or its threat.

According to Part 3 of Article 230 of the Criminal Code of the Russian Federation, penalties are determined for the same offenses if they entailed the death of an athlete through negligence or other serious consequences (causing serious harm to his health, the development of severe drug addiction, etc.).

The first note clarifies that inducing an athlete to use substances is any intentional act that promotes the use of various prohibited substances by an athlete.

These include:

deception;
persuasion/giving advice or direction;
providing information, etc.

The second note states that the full list of substances prohibited for use is approved by the Government of the Russian Federation. These are various steroids, metabolites, isomers, hormones, growth factors, etc.

Commentary on Article 230 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. Inducement, as a special type of incitement, involves such an influence on another person, as a result of which he attempted or actually consumed a narcotic drug or psychotropic substance.

2. If a person who encouraged the consumption of narcotic drugs or psychotropic substances sold these drugs or substances or assisted in their theft or extortion, acquisition, storage, production, processing, transportation or shipment, his actions must be additionally qualified under Art. Art. 228, 228.1 or 229 CC.

3. The subjective side is characterized by direct intent.

4. On the content of the qualifying feature by a group of persons by prior conspiracy or by an organized group (clause “a”, part 2), see the commentary to part 2 and 3 of Art. 35 of the Criminal Code.

5. On the content of the sign of committing a crime in relation to two or more persons, see the commentary to paragraph “a” of Part 2 of Art. 105 of the Criminal Code.

6. Violence (clause “g”, part 2) involves beatings or committing other violent acts that cause physical pain, causing mild, moderate, or serious harm to health (without aggravating circumstances). Causing serious harm to health under the circumstances provided for in Part 2 or 3 of Art. 111 of the Criminal Code, should be qualified according to the totality of clause “d”, part 2 of Art. 230 and the corresponding part of Art. 111 of the Criminal Code.

7. A particularly qualified type of crime in question (Part 3 of Article 230) is characterized by the commission of a crime against a minor and the negligent infliction of death or other grave consequences. Qualification of the crime in question as committed against a minor (clause “a”, part 3) is possible in the presence of two circumstances: a) the perpetrator knew about the minority of the victim and wanted to induce him to consume narcotic drugs and psychotropic substances; b) the perpetrator has reached the age of 18. To impute the element provided for in paragraph “b” of part 3 of the commented article, it is necessary to establish that the death was the careless result of violence used to force the consumption of narcotic drugs or psychotropic substances, or was a consequence of their consumption. This consequence is covered by Part 3 of this article and does not require additional qualifications under Art. 109 of the Criminal Code.

Other serious consequences should be understood as suicide or attempted suicide of the victim, the development of drug addiction, a serious illness associated with the use of narcotic drugs or psychotropic substances, HIV infection, etc.

According to the note, the effect of Art. 230 of the Criminal Code does not apply to cases of promoting the use of relevant instruments and equipment used for the consumption of narcotic drugs and psychotropic substances for the prevention of HIV infection and other dangerous infectious diseases, if these acts were carried out in agreement with executive authorities in the field of health care and control authorities for the trafficking of narcotic drugs and psychotropic substances.

The essence of Article 230.2 of the Criminal Code of the Russian Federation and comments to it

In essence, it is similar to the previous one, but there are also differences. According to Article 230.2 of the Criminal Code of the Russian Federation, penalties are imposed in cases where an athlete has used prohibited substances or used illegal methods in sports without his informed consent.

Part 1 lists penalties for inducing an athlete, without his consent, to use prohibited substances or methods by his coach or physician, if this is contrary to anti-doping rules.

According to Part 2 of Article 230 of the Criminal Code of the Russian Federation, penalties are imposed for the same act if its result was the death of an athlete or other serious consequences (causing serious damage to his health, etc.).

The note to the article states that its effect does not apply to cases described in Article 228-228.4 (storage, sale, purchase and other illegal actions with drugs) and Article 234 (illegal trafficking of toxic substances) of the Criminal Code of the Russian Federation.

Judicial practice under Article 230 of the Criminal Code of the Russian Federation

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 25, 2018 N 2-UD18-6
acquitted of charges of committing crimes under Part 2 of Art. 210, part 1 art. 230, paragraph “a”, part 3, art. 228.1, clause “a”, part 3, art. 228.1 of the Criminal Code of the Russian Federation due to the absence of corpus delicti, convicted under Part 1 of Art. , clause “g”, part 3, art. 228.1 of the Criminal Code of the Russian Federation to imprisonment using Art. Criminal Code of the Russian Federation for 4 years,

Determination of the Constitutional Court of the Russian Federation dated December 19, 2017 N 2864-O

ARTICLE 230 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, the Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Constitutional Court of the Russian Federation dated June 28, 2018 N 1421-O

Clause 5 of part two of Article 151 of the Code of Criminal Procedure of the Russian Federation has become invalid on the basis of Federal Law of July 3, 2021 N 329-FZ “On Amendments to Article 230 of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation”, and the legal relations related to it regulated with the definition of the powers of investigators of the authorities for control over the circulation of narcotic drugs and psychotropic substances, in the case of S.A. Bykanov are completed.

Liability measures by article

Let us consider the types of punishments that are prescribed for each of the mentioned articles.

Art. 230 of the Criminal Code of the Russian Federation

If the crime was determined by its first part, then the sentences under Part 1 of Article 230 of the Criminal Code of the Russian Federation may be as follows:

restriction of a person’s movements for 3 years;
arrest for six months;
imprisonment for 3-5 years.

When determining it under Part 2 of Article 230 of the Criminal Code of the Russian Federation, imprisonment for 5-10 years with restriction of a person’s freedom for 2 years is determined.

If the act is qualified under Part 3 of Article 230 of the Criminal Code of the Russian Federation, imprisonment for 10-15 years is imposed with a ban on holding certain types of positions for 20 years or with restriction of a person’s movements for 2 years (the last two sanctions are imposed at the discretion of the judge) .

Art. 230.1 of the Criminal Code of the Russian Federation

When determining an act under Part 1 of this article, a fine of at least 300,000 rubles is imposed. or in the amount of six months’ salary with the imposition of a ban on certain types of activities for 3 years or restriction of a person’s movements for a year with the application of the above sanction.

If it was qualified under Part 2 of Article 230.1 of the Criminal Code of the Russian Federation, then the following punishments are imposed:

fine in the amount of 500,000 rubles. or in the amount of one year’s salary with the imposition of a ban on certain types of professional activities for 4 years (the last sanction is determined at the discretion of the court);
restriction of a person’s freedom for 2 years with the imposition of the above prohibition;
imprisonment for a year using the same prohibition.

When determining a crime under Part 3 of Article 230 of the Criminal Code of the Russian Federation, the following measures are taken:

restriction of a person’s movements for 3 years with a ban on engaging in certain types of activities for 5 years (the latter sanction is applied at the discretion of the judge);
forced labor for 3 years using the above measure;
imprisonment for the same period with the same sanction.

Art. 230.2 of the Criminal Code of the Russian Federation

If the offense has been classified under Part 1 of this article, then the following penalties are imposed:

payment of a fine of up to one million rubles. or in the amount of salary for 2 years, while it is prohibited to hold certain positions for 4 years (the sanction is optional);
restriction of a person’s movements for 2 years using the above measure;
imprisonment for a year with the same penalty.

If it is determined under Part 2 of Article 230.2 of the Criminal Code of the Russian Federation, the following measures are taken:

restriction of a person’s movements for 3 years with a ban on certain types of activities for 5 years;
forced labor for 3 years with the application of the above sanction;
imprisonment in a colony for the same period and using the same measure.

In what cases are they charged under the Code of Administrative Offenses of the Russian Federation?

The Code of Administrative Offenses of the Russian Federation has two articles under which they can be held accountable for similar acts:

Article 6.10 (involvement of adolescents and children in the use of alcohol-containing products and dangerous psychoactive substances);
Article 6.13 (drug propaganda).

Under these articles of the Code of Administrative Offenses of the Russian Federation, citizens are prosecuted in cases where no elements of crime were found in their actions under Articles 230, 230.1 and 230.2 of the Criminal Code of the Russian Federation.

In what cases are they not held accountable?

Those cases where one person tells another about the supposedly “useful” properties of drugs, but does not offer to use them, do not constitute crimes.

The same thing happens when the citizen did not use any active and deliberate actions to promote drug use.

Inducement to use narcotic drugs, psychotropic substances or their analogues

1. Inducement to consume narcotic drugs, psychotropic substances or their analogues -
is punishable by restriction of freedom for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of three to five years.

2. The same act committed:

a) by a group of persons by prior conspiracy or an organized group;
b) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;
c) in relation to two or more persons;
d) with the use of violence or the threat of its use, -

shall be punishable by imprisonment for a term of five to ten years, with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, if they:

a) committed against a minor;
b) caused by negligence the death of the victim or other grave consequences, -

Note.

This article does not apply to cases of promoting the use of relevant instruments and equipment used for the consumption of narcotic drugs and psychotropic substances for the prevention of HIV infection and other dangerous infectious diseases, if these acts were carried out in agreement with executive authorities in the field of health care and internal affairs bodies business

(note introduced by Federal Law dated December 8, 2003 N 162-FZ, as amended by Federal Laws dated November 25, 2013 N 317-FZ, dated July 3, 2016 N 329-FZ)