When did the Amendments to Article 228 Part 2 On Mitigation of Punishments Adopted in March 2021 Enter into Legal Force

Home / Tax Law / Fresh changes in the Criminal Code of the Russian Federation according to 228 Part 2 in 2021

According to the current provisions of Article 80 of the Criminal Code of the Russian Federation, when applying a mild punishment, it is possible to replace most of the term, when committing a crime of moderate gravity - half, serious - one third. There is a separate explanatory note to the draft of this law, which tells us what changes are envisaged in the articles on drugs. This draft law was prepared in pursuance of the president’s instructions, and the real change concerned sanctions, while the rest were rather changes arising from this. by a group of persons by prior conspiracy; b) in a significant amount, - 4.

What amendments were made to Article 228 in July 2021

Article 228 part 2 of the Criminal Code of the Russian Federation 2021 (the latest amendments to it will be applied in 2021) talks about liability for the storage, purchase and manufacture of narcotic and psychotropic drugs on a large scale.
It will be possible for them to replace prison sentences with correctional labor. Changes to Articles 80 and 53.1 of the Criminal Code of the Russian Federation should come into force in January 2021. The bill is posted on the website of the State Duma of the Russian Federation, where anyone can familiarize themselves with it.

With changes and additions from:

And additional qualification is imposed if:

There is a particularly large size;
It was decided to reclassify or combine several criminal cases.

Article 228 part 2 of the Criminal Code of the Russian Federation 2021 latest amendments to the Duma and amnesty is announced as a rule on memorable dates (there was recently an amnesty dedicated to the 70th anniversary of the Victory), when the next amnesty will be there is no information yet. The latest amendments to Article 228 of the Criminal Code of the Russian Federation were made in 2012.

Acquisition by law means the receipt of prohibited funds in any way - purchase, accidental discovery, receipt as a gift, on debt, etc. In order not to fall under prosecution by law, you should avoid even accidentally falling into the hands of funds prohibited from free circulation, and if they are found, you must promptly report to law enforcement agencies.

Manufacturing is the production of narcotic and psychotropic drugs from raw materials, ready for use. Manufacturing is carried out in two main ways: by processing narcotic plants and their parts or chemical synthesis of substances of natural or synthetic origin.

Sales and shipments committed in relation to a person known to be under 14 years of age, i.e. child, mean that the subject knowingly knew or admitted that he was committing a crime against a person under the age of 14 years.

The section presents new laws of the Russian Federation, Presidential decrees, Government resolutions and other regulatory documents relating to important aspects of the life of the state and society and affecting the majority of individuals and legal entities. New documents arrive several times a day (see The draft law amends Article 173.1 of the Criminal Correctional Code.

Thus, at present, crimes related to the storage of narcotic drugs and psychotropic substances in large and especially large quantities without the purpose of sale belong to the same category as similar crimes committed for the purpose of sale - grave and especially grave crimes.

The adoption of the bill will also affect the fate of those already convicted of purchasing and storing drugs on a large scale. A criminal law mitigating punishment has retroactive effect.

Article 228.1 implies responsibility for:

Sales;
Forwarding.

At the same time, not only narcotic substances in their pure form fall under the influence of legislation. But also various psychotropic drugs or plants. In this case, the punishment for sale is as follows:

Restriction of freedom up to 1 year;
Imprisonment from 4 to 8 years.

There are facts of changes in sentences based on my supervisory complaints, with sentences reduced by more than half (for example, from 10 years of imprisonment to 4.6 years). There have been cases of replacing real imprisonment with a suspended sentence and deferring a sentence of imprisonment.

The resolution must contain the most complete information about the categories of citizens being amnestied, the conditions and timing of the pardon. The document is an independent legislative act and does not imply amendments to the Criminal Code.

In case of illegal trafficking (production, storage, distribution and transportation), the defendant is awarded a fine of 300 thousand rubles.

Many believe that this punishment is too harsh and does not correspond to the goals of rehabilitation and resocialization of a person who is hooked on addiction.

In the second case, the presence of a full-fledged production chain is provided. In other words, a group of people unite to produce drugs and then sell them at wholesale prices. Or distribute it yourself, through hired personnel.

Amendments to Article 228 in 2021 when the law number comes into force

In 2021, parole is possible if the court concludes that the convicted person has repented of his crime and has partially or fully compensated for the harm caused by the crime. A convicted person has the right to apply for parole no earlier than he has served 6 months of his sentence, but there are additional requirements.

to the draft federal law “On amendments to Articles 821 and 228 of the Criminal Code of the Russian Federation and Article 398 of the Criminal Procedure Code of the Russian Federation Thus, currently, crimes related to the possession of narcotic drugs and psychotropic substances in large and especially large quantities without the purpose of sale , belong to the same category as similar crimes committed for the purpose of sales - grave and especially grave crimes.

Federal Law of July 29, 2018 No. 228-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

On amendments to the Criminal Procedure Code of the Russian Federation

Adopted by the State Duma on July 17, 2021
Approved by the Federation Council on July 24, 2021

Article 1

Introduce into the Criminal Procedure Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, No. 52, Art. 4921; 2002, No. 22, Art. 2027; No. 30, Art. 3015; 2003, No. 27, Art. 2706; No. 50 , Art. 4847; 2006, No. 3, Art. 277; No. 31, Art. 3452; 2007, No. 16, Art. 1827; No. 24, Art. 2830; 2009, No. 1, Art. 29; No. 44, Art. 5173; 2011, No. 1, Art. 45; No. 13, Art. 1686; No. 25, Art. 3533; No. 45, Art. 6322; No. 50, Art. 7349; 2012, No. 24, Art. 3071; 2013 , No. 9, Art. 875; No. 27, Art. 3458; No. 30, Art. 4050; No. 44, Art. 5641; No. 52, Art. 6997; 2014, No. 11, Art. 1094; No. 19, Art. 2335; No. 30, Art. 4252; 2015, No. 10, Art. 1417; No. 13, Art. 1806; 2021, No. 1, Art. 60; No. 26, Art. 3859; No. 27, Art. 4256, 4258; No. 28, Art. 4559; No. 52, Art. 7490, 7506; 2021, No. 14, Art. 2005; No. 24, Art. 3484; 2021, No. 1, Art. 51) the following changes:

1) part one of Article 30 should be stated as follows:

"1. Criminal cases are considered by the court collectively or by a single judge. The composition of the court for the consideration of each criminal case is formed taking into account the workload and specialization of judges through the use of an automated information system. If it is impossible to use an automated information system in court, it is allowed to form the composition of the court in a different manner, excluding influence on its formation by persons interested in the outcome of the trial.”;

2) paragraph 17 of part two of Article 42 shall be stated as follows:

“17) get acquainted with the protocol and audio recording of the court session and submit comments on them;”;

3) paragraph 16 of part four of Article 44 shall be stated as follows:

“16) get acquainted with the protocol and audio recording of the court session and submit comments on them;”;

4) paragraph 17 of part four of Article 47 shall be stated as follows:

“17) get acquainted with the protocol and audio recording of the court session and submit comments on them;”;

5) paragraph 13 of part two of Article 54 shall be stated as follows:

“13) get acquainted with the protocol and audio recording of the court session and submit comments on them;”;

6) paragraph 2 of part one of Article 61, after the word “witness,” add the words “assistant judge,”;

7) part one of Article 62 after the word “investigating officer,” add the words “assistant judge,”;

Article 68 shall be stated as follows:

“Article 68. Recusal of an assistant judge, secretary of a court session

1. The decision to challenge an assistant judge or the secretary of a court session is made by the court trying the criminal case or the judge presiding over the court with the participation of jurors.

2. A person’s previous participation in criminal proceedings as an assistant to a judge or a secretary of a court session is not a basis for his challenge.”;

9) in the first part of Article 72:

a) paragraph 1 after the word “investigating officer,” shall be supplemented with the words “assistant judge,”;

b) paragraph 2 after the word “investigator,” add the words “assistant judge,”;

10) part three of Article 241 should be stated as follows:

"3. A criminal case is considered in a closed court session in compliance with all norms of criminal proceedings and taking into account the features provided for by this Code. A court ruling or order to consider a criminal case in a closed court session may be made in relation to the entire trial or its corresponding part.”;

11) add Article 2441 with the following content:

“Article 2441. Assistant judge

1. An assistant judge assists the judge in preparing and organizing court proceedings, as well as in preparing draft court decisions. An assistant judge has no right to perform the functions of administering justice.

2. The assistant judge, on behalf of the presiding judge, keeps minutes of the court session, ensures control over recording the progress of the court session by technical means, checks the appearance in court of persons who must participate in the court session, and carries out other procedural actions in cases and in the manner provided for by this Code.” ;

12) in article 259:

a) part one should be stated as follows:

"1. During each court hearing, minutes are kept. During the court hearing of the courts of first and appellate instances, a protocol is drawn up in writing and recording is carried out using audio recording devices (audio recording). When considering a criminal case in a closed court session in the cases provided for in Article 241 of this Code, the use of audio recording devices is not allowed.”;

b) paragraph 3 of part three, after the words “data about”, shall be supplemented with the words “assistant judge”;

c) part six should be stated as follows:

"6. The protocol must be prepared and signed within 3 days from the date of the end of the court session by the presiding officer and the secretary of the court session, and if the presiding officer has entrusted the keeping of the protocol to an assistant judge, by the presiding officer and the assistant judge. The protocol during a court session can be prepared in parts, which, like the protocol as a whole, are signed by the presiding officer and the secretary, and if the presiding officer entrusts the keeping of the protocol to an assistant judge, by the presiding judge and the assistant judge. At the request of the parties, they may be given the opportunity to familiarize themselves with parts of the protocol as they are prepared.”;

d) part seven should be stated as follows:

"7. A request to familiarize yourself with the protocol and audio recording of the court session is submitted by the parties in writing within 3 days from the date of the end of the court session. This period may be restored if the application was not submitted for valid reasons. The petition is not subject to satisfaction if the criminal case has already been sent to the appellate instance or, after the expiration of the period provided for the appeal, is in the execution stage. The presiding officer provides the parties with the opportunity to familiarize themselves with the protocol and audio recording of the court session within 3 days from the date of receipt of the petition. The presiding officer has the right to provide the opportunity to familiarize himself with the protocol and audio recording to other participants in the trial at their request and insofar as it relates to their testimony. If, due to objective circumstances, the protocol of the court session was prepared after 3 days from the date of the end of the court session, then the participants in the trial who filed petitions must be notified of the date of signing the protocol and the time when they can familiarize themselves with it. The time for familiarization with the protocol and audio recording of the court session is set by the presiding officer depending on the volume of the specified protocol and audio recording, but cannot be less than 5 days from the start of familiarization. In exceptional cases, the presiding officer, at the request of a person familiarizing himself with the protocol and audio recording, may extend the established time. If a participant in the trial clearly delays the time of familiarization with the protocol and audio recording, the presiding officer has the right, by his decision, to set a certain period for familiarization with them.”;

e) part eight should be stated as follows:

"8. Copies of the protocol and audio recordings are made at the written request of a participant in the trial and at his expense.”;

13) Article 260 shall be stated as follows:

“Article 260. Comments on the protocol and audio recording of the court session

1. Within 3 days from the date of familiarization with the protocol and audio recording of the court session, the parties may submit comments on them.

2. Comments on the minutes are considered by the presiding officer immediately. Comments on the audio recording are considered by the chairman within 2 days from the date of their submission. If necessary, the presiding officer has the right to call the persons who submitted comments to clarify their content.

3. Based on the results of consideration of comments on the protocol, audio recording, the presiding officer makes a decision to certify their correctness or to reject them. Comments on the protocol, audio recording and the ruling of the presiding officer are attached to the minutes of the court session.”;

14) in Article 262 the words “Court session secretary” shall be replaced with the words “Assistant judge or court session secretary”;

15) part one of Article 266 should be stated as follows:

"1. The presiding judge announces the composition of the court, informs who the prosecutor, defense lawyer, victim, civil plaintiff, civil defendant or their representatives are, as well as the secretary of the court session, expert, specialist and translator. If an assistant judge is entrusted, in accordance with part two of Article 2441 of this Code, with the performance of procedural actions in a court session, the presiding judge shall inform who the assistant judge is. The presiding officer explains to the parties their right to challenge the composition of the court or any of the judges in accordance with Chapter 9 of this Code.”;

16) paragraph 3 of Article 304 after the words “data about” should be supplemented with the words “assistant judge”;

17) part two of Article 38913 shall be stated as follows:

"2. The presiding judge opens the court session and announces which criminal case is being considered and whose appeal and (or) presentation is based on. After this, the presiding judge announces the composition of the court, the last names, first names and patronymics of the persons who are parties to the criminal case and present at the court session, as well as the last names, first names and patronymics of the assistant judge and (or) the secretary of the court session and the translator, if the translator is participating in the court session . The presiding officer asks the participants in the trial whether they have any challenges and petitions and whether they support the petitions stated in the appeal and (or) presentation.”;

18) Article 38934 shall be stated as follows:

“Article 38934. Protocol of the court session

The secretary of the court session or, on behalf of the presiding judge, the assistant judge keeps the minutes of the court session in accordance with the requirements of Article 259 of this Code. The parties may submit comments on the protocol and audio recording of the court session, which are considered by the presiding officer in the manner established by Article 260 of this Code.”;

19) part ten of Article 40113 after the words “cassation instance” is supplemented with the words “or on behalf of the presiding judge, an assistant judge”;

20) Part nine of Article 41210 after the words “supervisory authority” is supplemented with the words “or on behalf of the presiding judge, an assistant judge.”

Article 2

This Federal Law comes into force on September 1, 2019.

President of the Russian Federation V. Putin

Moscow Kremlin

July 29, 2021

No. 228-FZ

Amendments for 2021 under Article 228 Part 3 in 30

Parole) subject to conditions. Next year, it is expected that several changes will be made to the legislation on the issue of granting amnesty to those convicted of committing crimes earlier than the previously established period.

We recommend reading: Postings for calculating penalties on insurance premiums

It is very likely that amendments to parole in 2021 will be adopted on the eve of the presidential elections or after the decision on his appointment is made. Announcements of the release of prisoners were historically timed to coincide with such events.

When will the amendments to Article 228 Part 2 come into force?

The list of psychotropic substances whose circulation in the Russian Federation is limited (List III) includes, among other things, the items “Deschloroetizolam”, “Diclazepam”, “Clonazolam”, “Meclonazepam”, “Nifoxipam”, “Pyrazolam”. At the same time, appropriate changes were made to significant, large and especially large quantities of narcotic drugs and psychotropic substances for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation. (Resolution of the Government of the Russian Federation dated July 12, 2021 N 827)

1. A convict who has been sentenced to imprisonment for the first time for committing a crime provided for in part one of Article 228, part one of Article 231 and Article 233 of this Code, who has been recognized as a drug addict and has expressed a desire to voluntarily undergo a course of treatment for drug addiction, as well as medical rehabilitation, social rehabilitation, the court may defer serving a sentence of imprisonment until the end of treatment and medical rehabilitation, social rehabilitation, but not more than for five years.

Current situation and difficulties

The qualifying feature is the size (weight) of a prohibited substance, which is defined in the Decree of the Government of the Russian Federation “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances , or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation" dated October 1, 2012 No. 1002.

This resolution was edited this year: the current version was introduced by Decree of the Government of the Russian Federation dated June 22, 2018 No. 718 and came into force on July 3. But the amendments concerned the inclusion of a number of drugs in the list (benzylfentanyl, fonazepam, cinozepam, etc.).

Meanwhile, the following claims are made against the document:

weight that is considered significant is not so for individuals who have already developed a persistent dependence. Therefore, when acquiring the dose necessary for survival, they automatically fall into the large size;
when it comes to various mixtures, to determine the size (and, accordingly, the classification of the crime under the parts of Article 228), the weight of the entire mixture is taken, and not the prohibited substance itself.

No one argues that drugs pose a threat to society, but there is logic in the words of those who speak out for mitigation of punishment. Imprisonment does not relieve drug addiction, but embitters, undermines health, and often completely cuts off all opportunities for a normal social life.

The head of the Federal Drug Control Service, V. Ivanov, cited the following figures in 2015: “... of the almost 600 thousand people convicted in drug-related criminal cases, only a quarter were charged with selling drugs. And three quarters, that is, 400 thousand drug users themselves, were criminalized by the state for possession of drugs without the purpose of selling them.” The state is forced to feed and support this mass of thousands of consumers. Wouldn’t it be more logical to send them to forced labor, while at the same time obliging them to undergo medical and social rehabilitation? This question is posed by a petition, which, however, has already been closed and signed by only 206 people.

However, the topic is discussed on blogs and forums by the prisoners themselves and their relatives, as well as by practicing lawyers. We are talking not only about the need for amendments, but also about specific proposals and even bills (sometimes the texts of old projects that have already been withdrawn from consideration are published).

Review of the law on crediting the period spent in a pre-trial detention center according to the “day and a half” scheme in 2021

Lawyer Kudryashov Konstantin

— Grant the court the right to defer serving the sentence for those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation to real imprisonment, who are recognized as drug addicts and have expressed a desire to undergo medical rehabilitation. That is, the bill proposes to provide those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation with the opportunity to receive treatment instead of being sent to prison. I will add that the bill does not provide for mitigation of punishment for drug sales, therefore, amendments to Article 228.1 of the Criminal Code of the Russian Federation are not expected in 2021.

The adoption of the bill will also affect the fate of those already convicted of purchasing and storing drugs on a large scale. A criminal law mitigating punishment has retroactive effect. Therefore, the adoption of this bill should lead to a reduction in penalties in the form of imprisonment for those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation. Also, if the bill is adopted, those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation will be able to apply for parole after serving one-third (1/3) of the sentence imposed by the court, and not three-quarters (3/4) of the term punishments, as now. In general, the news is positive.

Current regulatory framework

The punishment depends on the size of the seized substances: a complete list of prohibited substances indicating the quantity can be found in the appendix to the Criminal Code. In this case, the article is responsible only for storage or transportation without the purpose of further sale: the sale is assessed by other laws.

What amendments came out in 2021 under Article 228

Answer: If drugs were planted on your brother, then you must file a statement about this with the prosecutor’s office and the investigative committee. Seek to initiate criminal proceedings against the employees who planted the drugs. Give appropriate evidence to the investigator in charge of the criminal case. Seek a biological examination to determine the presence of biological traces of your brother on the packaging of the drug. Contact me at the phone numbers listed on the website, I will try to help you.

The State Duma has developed amendments to Article 228 of the Criminal Code, providing for a mitigation of punishment for possession of drugs without the purpose of sale, United Russia deputy and head of the working group on improving legislation in the field of combating illicit drug trafficking Nikolai Brykin told the Dozhd TV channel.

The authors of the amendments note that the current situation, “when possession of drugs on a large scale is a serious crime, ensures high performance of law enforcement agencies in solving serious crimes, but does not protect society, replacing the fight against the spread of drugs with the fight against users.”

In connection with the case of Meduza journalist Ivan Golunov, who was charged with attempted sale of narcotic drugs under Articles 30 and 228.1 of the Criminal Code, many spoke out for changes in legislation. In particular, the head of the Accounts Chamber, Alexei Kudrin, said that “serious reform” of Article 228 is necessary. “I welcome the closure of Golunov’s case - it’s good when mistakes are recognized and corrected. But every year about 130,000 people are convicted on drug charges. We need a serious reform of Article 228 of the Criminal Code,” he wrote on Twitter.

In 2021, almost 26 thousand cases of this type, which involve unidentified drug dealers in the absence of information about their type, weight and name, time, place and circumstances of sale, were initiated. Only 23 went to trial, and in three of them the accused were acquitted. At the same time, numerous complaints were received - both about the very fact of initiating the case, and from those who were involved in criminal proceedings, and from public organizations, Mr. Zubov said.

You might be interested ==> What will they give for 4 children in 2021?

The State Duma will soon adopt a law which, according to deputies, should reduce the number of unjustifiably initiated criminal cases for drug sales. But you shouldn’t count on a softening of that article of the Criminal Code that punishes the consumption and possession of drugs without the purpose of sale.

The purpose of the bill is “to protect citizens from unjustified criminal prosecution,” says Nikolai Brykin (“ER”), who for several years has been heading a working group created under the Duma Committee on State Construction and Legislation to improve the legal regulation of the fight against drug addiction.

And yet, there are much more grounds for bringing charges and articles providing for punishment for participation in drug trafficking. Lawyer Dmitry Antsupov talks about the features of each of them and methods of defending those accused under these articles.

Article 228 part 2 of the Criminal Code of the Russian Federation - latest amendments and sentences

In other words, the prison terms for parts 2 and 3 of the drug article were changed. This is due to the fact that the article itself refers only to the use of drugs for personal purposes, that is, the culprit takes them himself, is a dependent person and needs medical assistance. Reducing his sentence will help him begin treatment faster.

Extremism, slander and drugs: what will change in the Russian Criminal Code in 2021

The Council decided to consider bills in the first reading at meetings of the State Duma on Fridays in accordance with Part 7 of Article 118 of the Rules of the State Duma at a fixed time (17 hours 30 minutes). The Council made a decision at a meeting of the State Duma on March 10, 2021, draft federal law N1015271-6 “On amendments to the Law of the Russian Federation “On the Protection of Consumer Rights” in terms of establishing additional consumer guarantees” (first reading) Changes in 2021 Article 228 Part 2 in part one of Article 228, the words “part one of Article 228,” shall be replaced with the words “parts one and two of Article 228,”; a) in paragraph two of part two, replace the words “from three to ten years” with the words “from two to five years”; b) in paragraph two of part three, replace the words “from ten to fifteen years” with the words “from five to fifteen years.”

How can the punishment for drug possession be reduced?

The authors of the amendments propose to transfer Part 2 of Article 228 of the Criminal Code, which provides for liability for the acquisition and storage of drugs on a large scale, from the category of serious crimes to the category of crimes of medium gravity, establishing a punishment of two to five years in prison instead of the current sanction of three to ten years, reports “Rain”, who has read the text of the bill. In addition, it is proposed to reduce the lower threshold of sanctions under Part 3 of Article 228 of the Criminal Code, which establishes punishment for the same acts on an especially large scale - from ten to five (the upper threshold remains at 15 years).

The new version of the article suggests that cases cannot be initiated “in the absence of data on the specified means, substances, plants (type, weight, name), as well as sufficient data indicating their transfer to other persons.”

Moscow. December 16. INTERFAX.RU — The State Duma adopted in the third reading a bill clarifying the procedure for initiating criminal cases under Article 228.1 on drug trafficking. In 2021, a case was opened under this article against Meduza investigator Ivan Golunov.

Bill No. 916965-7 amends Articles 228.1 and 228.4 of the Criminal Code “regarding the illegal sale” of drugs and psychotropic substances or their precursors, plants or parts of plants containing such substances. The government submitted it to the State Duma a year after the high-profile detention of the journalist; it passed the first reading in June 2020, the second on December 15.

Federal Law of 03/09/2001 N 25-FZ) (see text in the previous edition) d) at least three quarters of the sentence imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related to illegal drug trafficking drugs, psychotropic substances and their precursors, as well as for crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 210 and 361 of this Code; (as amended by Federal Laws dated 03.11.2021 N 245-FZ, dated 09.12 .2021 N 352-ФЗ, dated 03/01/2021 N 18-ФЗ, dated 02/11/2021 N 302-ФЗ, dated 07/06/2021 N 375-ФЗ) (see text in the previous edition) e) at least four-fifths of the sentence assigned for crimes against the sexual integrity of minors under fourteen years of age. (Clause “e” was introduced by Federal Law No. 14-FZ of February 29, 2021) 4.

Will there be amendments to the Criminal Code of the Russian Federation in 2021 - latest news on Article 228 (ch

Citizens who voluntarily repent of committing a crime, surrender all prohibited substances, and actively cooperate with law enforcement agencies may be released from liability. But it is important that such active repentance occurs before arrest and investigation.

Forced labor is an alternative to imprisonment. They can be used for minor or moderate offenses, or for a serious crime committed for the first time. Those convicted under Article 228, subject to this condition, may request a replacement if:

Amendments to the Criminal Code of the Russian Federation 2021 Article 228

The bill is still posted on the government website, but apparently due to an oversight. Changes in the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation from March 30, 2021 On March 30, 2021, new editions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation come into force.

Lawyers and attorneys who are registered on the Russian Legal Portal will try to help you from a practical point of view in this matter and will advise you on all issues of interest. There And they shoot people for corruption, but we: we have petty thieves in prison and ministers and others are not subject to prosecution, maniacs and murderers are given shorter sentences than green boys for drugs. I agree 200%, I also went through this hardship, my condolences.

Changes in drug legislation Article 228 and 228

Tougher penalties for piracy in 2021 are one of the changes to the Criminal Code. Pirate sites are being closed, fines are increasing (some will even be imprisoned - like a demonstrative flogging). In Prisons, the administration must provide the necessary living conditions for disabled prisoners. It’s hard to believe, but prison administrations must treat crippled prisoners politely. The article “fraud” will be changed - the sentences will be increased.

Interesting: Until what hours can you make noise in an apartment in Moscow?

Presidential amendments to the Criminal Code of the Russian Federation on mitigation of punishments 2021

Statistics confirm that Russia occupies one of the leading places in the world in terms of the ratio of normal population to criminals, so the government should take all possible measures to adapt convicts to social life in freedom in order to adopt such amendments. It is believed that the mass release of prisoners will lead to a significant reduction in state budget expenses for their maintenance. The Commissioner for Human Rights of the Russian Federation, Ella Pamfilova, summarized the positive conclusion and stated her desire to join the project. It should be expected that amendments to parole in 2021 will be adopted in the near future according to the draft presented by the State Duma of the Russian Federation.

Changing the terms of parole is within the exclusive competence of the president and the adoption of changes in this area can be carried out solely on the basis of his order to amend the relevant laws. Thus, the legislator transferred a number of crimes provided for in Part 1 of Article 158, Part 1 of Article 159, Part 1 of Article 160 of the Criminal Code into the category of administrative offenses.

Are changes expected in 2021 to Article 228 of the Criminal Code of the Russian Federation?

According to the current provision of Article 80 of the Criminal Code of the Russian Federation, when applying a mild punishment, it is possible to replace most of the term, when committing a crime of moderate gravity - half, and a serious one - one third. Amendments to parole in 2021 provide for release under an amnesty when the sentence is commuted or the term of serving the sentence is reduced. Such measures are also applied as a matter of priority to cancer patients, pregnant women and disabled people, citizens who are raising children under 18 years of age or in need of support and care, and participants of the Second World War. How many will be released in 2021? According to the results of the statistical report, in 2021 there are about 800 thousand people in state custody in prisons.

We recommend reading: List of Doctors for School 2021

Changes in the Criminal Code of the Russian Federation from January 11, 2021 If such telephone messages negligently resulted in the death of a person or other serious consequences, then they will be punished in accordance with the new part 4. It provides for a fine of 1.5 to 2 million rubles or in the amount of wages or other income of the convicted person for a period of 2 to 3 years, or imprisonment for a term of 8 to 10 years. Checking the consequence “2.

About the cytokine storm

You don’t have enough knowledge, skills and money to conduct “such experiments.” We must understand that so far, coronavirus is a fairly poorly understood virus. And no one has yet succeeded in developing a base of effective drugs that will destroy it with 100 percent probability. It is better not to self-medicate. Practice shows that self-medication can only worsen the course of the disease. And in some cases, even provoke the death of the patient. Who gorges himself on antimalarial drugs, completely forgetting about contraindications.

How do people die from coronavirus?

And don’t forget that the debtor may raise objections. Even if they belong to the previous credit institution. This right is regulated by the same Civil Code, namely Article 386. Not to mention the fact that the debtor can simply sue, and if violations occur, then the whole situation can turn against the debt collector. There are also such precedents.

a fine in the amount of 200,000 to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of 1 year to 18 months;
or restriction of freedom for up to 3 years;
or forced labor for a period of 2 to 3 years.

If you are on our website, then you have a real chance to communicate with a professional! Your requests are confidential, you do not have to introduce yourself to a specialist! You can call, tell about the current situation, find out what is threatening, get advice on what to do, what actions to take! Do you need the help of a professional drug lawyer in Moscow and the Moscow region? Parole in 2021: changes in criminal legislation 79 of the Criminal Code of the Russian Federation, parole is the release of a prisoner ahead of the term prescribed by the court verdict. In 2021, parole is possible if the court concludes that the convicted person has repented of his crime and has partially or fully compensated for the harm caused by the crime.

What amendments were made under Article 228 Part 1 in 2021

At first, it all resembled some kind of TV series script. But in fact it turned out that the drugs were planted by unidentified persons. But the police were unable to find any production line.

The decision to introduce the bill to the lower house of parliament could be made on June 20, at a meeting of the working group on improving legislation in the field of combating illicit drug trafficking under the State Duma Committee on Legislation, Brykin said. The project was sent to the working group by the Russian Ombudsman Tatyana Moskalkova. It was developed by an expert council under the Ombudsman, the BBC Russian Service reported.

Based on paragraph “a” of Part 3 of Article 79 of the Criminal Code of the Russian Federation, those convicted of crimes of minor gravity; that is, under Part 1 of Article 228 (storage, non-sale), I have the right to parole from serving a sentence after serving at least one third of the sentence.

New amendments to Article 228 of the Criminal Code of the Russian Federation in 2021

What will be the punishment for Art. 228 part 2, if they are tried for the third time, were they given probation twice before? July 28, 2021, 04:36, question No. 1328321 1 answer
Is it possible, after serving 2 years of punishment under Article 228 Part 2, to apply for a replacement type of punishment, in accordance with Article 80 of the Criminal Code of the Russian Federation? 28 August 2021, 22:06, question No. 1359658 5 answers
When can a person sentenced to 4 years be granted parole under Art. 228 hours

Explanatory note to the project The introduction of the specified qualifying feature will eliminate the significant gap in the sizes of narcotic drugs and psychotropic substances between the currently existing large and especially large sizes, approved by Resolution No. 1002 of 10. On January 1, 2021, amendments to the criminal code came into force. Amendments are expected in 2021 of the Criminal Code of the Russian Federation under Article 228 note 1 thanks to a group of persons by prior conspiracy; b) in a significant amount, - 4.

Changes in the criminal code in 2019

There is a terrible situation in our country - a person who buys any drug, including the so-called “spice” that was recently completely legal, can go to prison for up to 23 years. Moreover, if he purchased a certain mixture where the narcotic substance makes up a fraction of a percent of the weight, the term will be assigned based on the total weight of the mixture. Don’t think that this is about some kind of dregs of society who would be better to isolate - 90% of young people have tried some of the prohibited substances, and if at the time of purchase your son or daughter came to the attention of the police - time! Very serious! Very long! After serving a sentence, a person emerges as a seasoned criminal. Why aren't these people treated? Why not give the opportunity to make amends to society through work? This situation needs to be changed immediately and radically. It's time to free prisons from the army of poor fellows, reduce government spending, and concentrate the freed-up funds and resources on the fight against organized drug crime.

State Duma amendments to Article 228 of the Criminal Code of the Russian Federation 2021

Changes in the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation from March 30, 2021 On March 30, 2021, new editions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation come into force. The changes are related to the possibility of deferring punishment for crimes committed.

We explain using the example of Tashtagol resident Kolbasov and “Lessons of Jewish Studies” Live”: online from the project “1917. Free History" on Meduza. More than 400 people were detained throughout Russia on November 5. Calls about mining have been coming for two months; The FSB said that they were organized by four Russians from abroad. Rescuers lifted a helicopter and the body of one of the dead from the water 231, part 1 of Art. 228.1, part 3, article 30, paragraph “g”, part.

Amendments to Article 228 Part 2 entered into force

shall be punishable by imprisonment for a term of ten to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to one and a half years.

Criminal Code of the Russian Federation, Article 228. Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

What Changes to Article 228 Came in December 2021

3 of the Criminal Code (illegal acquisition, storage or transportation of precursors of narcotic drugs), Part 1 of Article 231 of the Criminal Code (illegal cultivation of plants containing narcotic substances (and Part 1 of Article 234 of the Criminal Code (illegal trafficking of potent or toxic substances for sales purposes).

Changes to Article 228 Part 2 of the Criminal Code of the Russian Federation in 2021 latest news

execution of punishments Attention Now for cruel treatment of an animal for the purpose of causing pain and (or) suffering, as well as for hooligan or selfish motives, resulting in its death or injury, not only a fine, as before, or correctional labor, but also imprisonment is provided for up to 3 years. Legislators prescribed a more severe punishment in Part 2 of this article.

Unauthorized production, acquisition, storage and transportation of these funds are criminally punishable acts: the article applies to cases where large amounts of funds were seized during arrest or during the investigation. The use of psychotropic and narcotic drugs without a doctor’s prescription is also an offense and is punishable by law. This is due to the fact that their uncontrolled use leads to addiction and rapid destruction of health, and then to physical and moral degradation, creating a convenient environment for committing various crimes. For this reason, in order to preserve the health of the population and reduce the number of crimes committed while intoxicated, strict restrictions were introduced at the legislative level in the sphere of circulation of psychotropic and narcotic drugs. A criminal who violates the state ban on drug trafficking encroaches on the health and life of other people, since people addicted to drugs subsequently become unable to give them up and can commit any crime for their sake.

active assistance to law enforcement agencies in the investigation of a crime, assisting them in exposing persons who have committed or are preparing to commit a crime;
presence of young children or disabled children;
the health status of the defendant himself or his dependent relatives;
positive reviews about the defendant’s personality from neighbors, superiors, work colleagues, etc.

Gravity part 2 tbsp. 228 of the Criminal Code of the Russian Federation

the defendant has minor children;
pregnancy;
the juvenile age of the perpetrator;
confession;
actively contributing to the detection and prevention of crimes, exposing persons who have committed or intend to commit a crime;
assisting law enforcement agencies in detecting property obtained by criminal means.

6.2. Sales are any methods of paid or gratuitous transfer of narcotic drugs, psychotropic substances or their analogues to other persons (sale, donation, exchange, payment of debt, lending, etc.), as well as other methods of distribution, for example, by injecting the specified agents, substances or their analogues. At the same time, the injection of a narcotic drug, psychotropic substance or their analogues by one person to another person cannot be qualified as illegal sale if the specified drug or substance belongs to the consumer himself.

1. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, -

Another comment on Art. 228.1 of the Criminal Code of the Russian Federation

10.3. Sales and shipments committed in relation to a person known to be under 14 years of age, i.e. child, mean that the subject knowingly knew or admitted that he was committing a crime against a person under the age of 14 years.

Plants used for the production of narcotic drugs or psychotropic substances are plants prohibited for cultivation (opium poppy, Indian, southern Manchurian, southern Chui hemp, etc.), characterized by a significant concentration of drugs or elements that make up psychotropic substances. The list of plants whose cultivation is limited on the territory of the Russian Federation, as well as the procedure for permitting their cultivation and use for industrial purposes, with the exception of the production and manufacture of narcotic drugs and psychotropic substances, are established by the Government of the Russian Federation.

What amendments came out in 2021 under Article 228

The Council made a decision at a meeting of the State Duma on March 10, 2021, draft federal law N1015271-6 “On amendments to the Law of the Russian Federation “On the Protection of Consumer Rights” in terms of establishing additional consumer guarantees” (first reading) Your appeals are confidential, you You don’t have to introduce yourself to a specialist!

Art. 79 of the Criminal Code of the Russian Federation provides for conditional early release (PAROL) if conditions are met. Next year, it is expected that several changes will be made to the legislation on the issue of granting amnesty to those convicted of committing crimes earlier than the previously established period.