Article 228 of the Criminal Code: liability for illegal storage and distribution of narcotic substances

ST 228.4 of the Criminal Code of the Russian Federation . Illegal production, sale or shipment of precursors of narcotic drugs or psychotropic substances, as well as illegal sale or shipment of plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances

1. Illegal production, sale or shipment of precursors of narcotic drugs or psychotropic substances, as well as illegal sale or shipment of plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances, on a large scale - shall be punishable by restriction of freedom for a term of up to four years or imprisonment for a term of up to five years with a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to nine months or without it.

2. The same acts committed: a) by a group of persons by prior conspiracy or by an organized group; b) by a person using his official position; c) on an especially large scale - shall be punishable by imprisonment for a term of four to eight years with or without a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of nine months to one year, and with or without restriction of freedom for a term of up to two years.

Illegal sale of drugs: concept and corpus delicti

Criminal and administrative liability for drugs is provided for by the relevant articles of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Here are some of them that are relevant to the topic of this review:

• Art. 228 of the Criminal Code of the Russian Federation (purchase, storage, transportation, manufacture of drugs);
• Art. 228.1 of the Criminal Code of the Russian Federation (production, sale of narcotic substances, transfer and sale of drugs);
• Art. 6.8 Code of Administrative Offenses of the Russian Federation (drug trafficking);
• Art. 6.9 (drug consumption without a doctor’s prescription).

It should be borne in mind that there is not always liability for the production, sale or consumption of drugs. The corpus delicti for such acts occurs under certain circumstances. Thus, criminal liability for the sale of drugs implies that such an action was carried out in violation of the law. According to paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 No. 14, the sale of narcotic drugs is understood as the illegal activity of a person in their paid or gratuitous sale to another person, regardless of the method of such sale.

Article 228 part 4 latest amendments 2021

I completely agree with you, I myself have the same situation with my brother at the moment. and for what purpose then did your son keep drugs? On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation This Federal Law comes into force three months from the date of its official publication.

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.

We recommend reading: Responsibility under 228 at 15 years old About changes under 228 of the Criminal Code of the Russian Federation in 2021 Bills that were not considered at meetings of the State Duma should be included in the draft procedure for the work of the State Duma on April 20, 2021 (additional meeting). At a meeting of the Council of the State Duma on April 18, 2021, to consider draft procedures for the work of the State Duma on April 19, 20 and 21, 2021.

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.

Determining which category a drug belongs to occurs through a chemical analysis process.

Considering the fact that recently more and more new substances are being developed, the legislation simply does not have time to register them all.

But their creators will be held liable if testing proves that the resulting product has narcotic effects.

Even if the act is directed at the culprit himself (purchasing for one’s own use), according to the law, it will be considered grave and especially grave, since it is equated with the possibility of further distribution. The severity of the punishment is regulated by the volume of detected substances.

Article 228.1. 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

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.

The logic appears to be actually extremely simple. Previously, the maximum sentence for large amounts was 10 years. And the minimum term for a particularly large one is also 10 years.

Thus, if the difference is only a few grams, then the court could conclude that the severity of the crime is very slightly higher and give the minimum term provided for in the sanction.

It turns out that if the maximum term has changed to 5 years, then it is necessary to at least shift the minimum in part 3, since with an insignificant difference in size the corpus delicti may change from qualified to especially qualified, and a person can receive at least 5 years more, which is not entirely fair.

Punishment under Art. 228 of the Criminal Code of the Russian Federation

Article 228 of the Criminal Code of the Russian Federation provides for a term for drugs in terms of their illegal acquisition, storage, transportation, production and processing without the purpose of selling in a significant amount, as well as other types of punishment (Part 1 of Article 228 of the Criminal Code of the Russian Federation):

• a fine of up to 40 thousand rubles or in the amount of income for a period of up to 3 months;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• restriction of freedom for up to 3 years;
• imprisonment for up to 3 years.

For the same acts committed:

• on a large scale, the culprit faces imprisonment from 3 to 10 years plus a fine of up to 500 thousand rubles or in the amount of income for a period of up to 3 years or without it, plus restriction of freedom for up to 1 year or without it (Part. 2 Article 228 of the Criminal Code of the Russian Federation);
• on an especially large scale imprisonment from 10 to 15 years plus a fine of up to 500 thousand rubles or in the amount of income for a period of up to 3 years or without it plus restriction of liberty for up to 1.5 years or without it (Part 3 Article 228 of the Criminal Code of the Russian Federation).

Separately, the note to Article 228 of the Criminal Code of the Russian Federation stipulates that if you report the sale of drugs, voluntarily surrender them, or actively contribute to the detection or suppression of a crime, then the culprit is exempt from criminal liability.

Drug sales

The Criminal Code of the Russian Federation provides for criminal liability for the distribution of narcotic substances. Punishment for the sale of narcotic drugs and psychotropic substances is stipulated in Art. 228.1 of the Criminal Code.

For the possession and distribution of narcotic substances, liability is established depending on the circumstances of the crime: for the distribution of drugs, the sentence is from 4 years. Article 228.1 for drug trafficking contains five parts regulating the punishment for drug trafficking (drug dealing, complicity in the acquisition of drugs). Responsibility for the sale of narcotic drugs under Art. 228.1 of the Criminal Code of the Russian Federation:

• for “ordinary” drug sales, imprisonment from 4 to 8 years plus restriction of freedom for up to 1 year or without it (Part 1);
• for the sale of drugs in pre-trial detention centers, correctional institutions, administrative buildings, educational institutions, at sports, transport, entertainment or leisure facilities, in a military unit, using the media or the Internet, imprisonment from 5 to 12 years plus a fine of up to 500 thousand rubles or in the amount of the convicted person’s income for a period of up to 3 years or without it, plus with or without restriction of freedom for up to 1 year (Part 2);
• for the sale of drugs committed by a group of persons or in a significant amount, imprisonment from 8 to 15 years plus a fine of up to 500 thousand rubles or in the amount of the income of the convicted person for a period of up to 3 years or without it, plus restriction of freedom for up to 2 years x years or without it (part 3).

We will discuss the punishment for more dangerous crimes under this article below.

Preparation or attempted sale

Responsibility for the manufacture of drugs and packaging of drugs is provided for in Art. 228 of the Criminal Code of the Russian Federation (production without the purpose of sales) and Part 1 of Art. 228.1 (manufacturing, marketing or shipping). The penalties under these articles are described in the previous sections.

Drug possession

Responsibility for storage of narcotic substances (storage without the purpose of sale) and the term for storage of narcotic substances in Russia are established by Part 1 of Art. 228 of the Criminal Code of the Russian Federation (see in the section above).

Sale of drugs by a group of persons on a large or especially large scale

Responsibility for the distribution (sale) of narcotic substances on a large and especially large scale is established by Art. 228.1 of the Criminal Code of the Russian Federation:

• for the sale of drugs committed by an organized group, using official position, on a large scale, for the sale of drugs to a minor, imprisonment from 10 to 20 years plus deprivation of the right to hold certain positions for up to 20 years or without it, plus a fine of up to 1 million rubles or in the amount of the convicted person’s income for a period of up to 5 years or without it (Part 4);
• for the sale of drugs on an especially large scale, imprisonment from 15 to 20 years plus deprivation of the right to hold certain positions for up to 20 years or without it, plus a fine of up to 1 million rubles or in the amount of the convicted person’s income for a period of up to 5 years either without it or life imprisonment (the maximum sentence for drugs).

The State Duma will review the procedure for initiating drug cases

Otherwise, this may lead to a relapse in the form of committing a socially dangerous act, which means a new court decision and being sent to prison. It is imperative that measures for early release be taken in relation to citizens who bear criminal penalties in connection with the commission of a criminal offense.

As a result, at the moment, preparation of narcotic drugs for sale is impossible (Part 1 of Article 30 of the Criminal Code of the Russian Federation). This means that if a person is detained, even at the stage of acquiring narcotic drugs, or storing them for the purpose of distribution, now, when a person is detained and a criminal case is initiated in connection with drug trafficking, the investigative authorities initiate and charge an attempted sale.

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.

In addition, it is necessary to take into account the decisions of the UN Commission on Narcotic Drugs to classify new substances as narcotic drugs or psychotropic substances, adopted after the publication of this List (clause

1 Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 N 14 “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances”).

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2. The same acts committed on a large scale - Information on changes: Federal Law of March 1, 2012 N 18-FZ, Article 228 was supplemented by Part 3, which comes into force on January 1, 2013. 3. The same acts committed on an especially large scale, - Notes. 1.

A person who has committed a crime under this article, who voluntarily surrendered narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to illegal turnover of the specified means, substances or their analogues, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, is exempt from criminal liability for this crime.

The humanization of especially qualified personnel has not been spared, which previously was from 10 to 15 years, and now, according to the draft law, will be from 5 to 15 years.

In fact, the maximum term has not changed, but now the judge can give 5 years, as, for example, for a large amount, or 15.

Qualification, of course, will depend on the circumstances and discretion of the judge, but in essence we can conclude that this really changes the situation. What is this?

Amendments to parole in 2021. 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.

This is evidenced by statements from the Russian Ministry of Justice. What amendments are planned to be made to the law and how will release be implemented under the new Criminal Code of the Russian Federation?

Drug-related crimes will only be partially amnestied this year. So, will Article 228 be covered by the 2021 amnesty, what documents need to be prepared and what to do if you or your relative have been put on trial under this article or have already been convicted.

The clauses of the document provide for punishment for the purchase and storage itself, as well as the illegal manufacture and further transportation of narcotic, psychotropic compounds and similar drugs or plants. The concept of “illegal acquisition” does not only apply to purchases. The product can be gifted, appropriated, exchanged without the purpose of further sale. The collection of plants for the appropriate purpose is also taken into account.

At the same time, social infrastructure objects are understood as organizations of healthcare systems, education, preschool education, enterprises and organizations related to recreation and leisure, service sectors, passenger transport, sports and recreational institutions, a system of institutions providing legal, financial and credit services, and others objects.

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How is the size of drugs determined?

One of the circumstances that affects the qualification of the crime and, accordingly, the punishment under Art. 228 and 228.1 of the Criminal Code of the Russian Federation, is the amount of narcotic drugs. The categories of sizes of narcotic drugs are established by Decree of the Government of the Russian Federation dated October 1, 2012 No. 1002. The list of narcotic and psychotropic drugs is very extensive and contains hundreds of items. The table shows the indicators of several well-known drugs from this list.

Extensions under 228.1

Also, if parents understand that the services were provided incorrectly or of poor quality, they need to write a complaint to the FSS service. Application processing takes 30 days. Payment for coupons and certificates is suspended until the reasons for the dissatisfaction are clarified. The system is designed in such a way that mothers are fully protected by the legal framework of the state, so most of the processes do not affect them at all. The regulations can also be found here, clause 8 of the Rules, approved. Decree of the Government of the Russian Federation dated December 31, 2010 No. 1233.

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Before understanding the technical component of police pensions, you need to determine the current prospects for amendments to the current legislation. The thing is that back in October 2020, a proposal appeared from the Ministry of Finance, which contained a draft reform for law enforcement agencies. And this reform project dealt specifically with pension issues. In particular, it was proposed:

The Criminal Code of the Russian Federation consists of general and special parts. The general part presents general concepts and principles of criminal law: definitions of a crime, forms of guilt, necessary defense, attempted crime, criminal record, exemption from criminal liability, and others.

Responsibility for drug use

For the illegal acquisition of narcotic drugs (attempted acquisition) without the purpose of sale, criminal liability has been established under Part 1 of Art. 228 of the Criminal Code of the Russian Federation, as already mentioned above. In addition, the Code of Administrative Offenses provides for administrative liability for the use of narcotic substances without a doctor’s prescription (Article 6.9):

• for citizens of the Russian Federation, a fine from 4 thousand to 5 thousand rubles or arrest for up to 15 days (part 1);
• for foreign citizens and stateless persons the punishment is the same plus administrative expulsion from the Russian Federation (Part 2).

There is no separate punishment for using drugs in a public place. Violators are held accountable for this offense, as well as the responsibility of minors for drug use, on a general basis under Art. 6.9 Code of Administrative Offenses of the Russian Federation.

In addition, administrative liability is also provided for illegal drug trafficking without the purpose of sale (Article 6.8 of the Code of Administrative Offenses of the Russian Federation). The punishment is the same as under Art. 6.9 Code of Administrative Offenses of the Russian Federation.

What changes are planned under Article 228 of the Criminal Code of the Russian Federation in 2021

Chairman of the Supreme Court Vyacheslav Lebedev, speaking at the congress, said, in turn, that reform of the Criminal Code is necessary. In particular, it would be advisable to introduce a new type of liability - a criminal offense. Statistics convince us that such a need is ripe. Over the past five years, approximately a quarter of defendants have been released from criminal liability, the number of people sentenced to imprisonment has decreased by 40 percent, and the number of defendants who were taken into custody during the investigation has also decreased by 80 percent. According to the Chairman of the Supreme Court, 72 percent of defendants are brought before the court for the first time for crimes of minor gravity, and more than 71 percent for crimes of medium gravity, which means there is scope for further humanization of criminal legislation. The introduction of the concept of “criminal offense” makes it possible to replace criminal punishment for certain crimes with correctional labor. As part of the reform of the judicial system, Vyacheslav Lebedev also proposes to create district appeal and cassation courts of general jurisdiction.

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Termination of Part 1 of Art. 228 of the Criminal Code of the Russian Federation with the application of a judicial fine

Moreover, the court can take away a person’s driver’s license for a period of 1 to 3 months. Considering that it is almost impossible to return rights ahead of schedule today, a person will experience significant inconvenience for some time. Please note that the above applies not only to cases where both numbers were removed from the car. The same consequences can occur even if at least one front or rear license plate is still on the car. Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.

*legislation does not provide for such a function. But in fact, the pharmaceutical industry receives a huge amount of money. And it is appropriate to talk about the integrity of law enforcement officers only on federal channels. In reality, everything is much simpler and more contradictory.

Arbitrage practice

According to experts, approximately a quarter of all crimes are committed under “narcotic” offenses. The vast majority of drug crimes fall under Art. 228 and 228.1 of the Criminal Code of the Russian Federation, which we discussed in this review, as well as under Art. 232 (“Organization or maintenance of brothels”). The main punishment imposed for these crimes is imprisonment, including probation, which accounts for approximately 4/5 of the sentences; the rest are fines, compulsory labor and other types of punishment.

About 15% of those convicted on drug charges are previously convicted, the average age of the convicted is 30 years, 90% of them are men. About 60% do not have official employment. The most common drugs involved in criminal cases are cannabis, heroin, amphetamines and spice. According to Art. 228 and 228.1 of the Criminal Code of the Russian Federation, the main role is played by the mass of seized drugs, which determines the severity of the punishment for the defendants.

Feature of Art. 228 and 228.1 of the Criminal Code of the Russian Federation is that they are often used by law enforcement officers to fabricate fictitious crimes. The most high-profile example from the recent past is the case of Meduza investigative department correspondent Ivan Golunov, who was detained in June 2021 on suspicion of drug trafficking. The case was clearly falsified, and as a result of a widespread public campaign it was dropped for lack of evidence of Golunov’s guilt.

What changes will there be in Article 228 in 2021

3. Introduce such types of punishment as compulsory labor, correctional labor, forced labor for: a. first-time offenders; b. persons who have committed an unfinished crime (Article 30 of the Criminal Code of the Russian Federation); V. persons for whom no victims were identified during the investigation of a criminal offense; d. persons with minor children and elderly parents and thereby give a real chance for correction.

Article 228 part 4 of the Criminal Code of the Russian Federation as amended for 2021

Article 228.1. 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

Levinson recalled that changes made to the Criminal Code have retroactive effect if they improve the situation of the accused and convicted, but changes to the Criminal Procedure Code do not. In any case, “cases already opened will apparently be closed faster,” he believes. And Mr. Brykin, in a conversation with MK, clarified that “everything will depend on the moment the crime was committed and the specific circumstances.” It must be understood that if the events that became the basis for initiating a case were committed before the innovations came into force, the investigation will proceed according to the old rules, and if after, then according to the new ones.

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It is worth recalling that more than a year ago, the above-mentioned working group, which included deputies, senators, human rights activists, experts, representatives of the FSB, the FSIN, the Ministry of Internal Affairs, the Ministry of Health and the Prosecutor General's Office, based on the results of an analysis of Russian anti-drug legislation and taking into account the proposals of the Commissioner for Human Rights in the Russian Federation Tatyana Moskalkova has prepared a bill to slightly soften Article 228 of the Criminal Code, which punishes possession and production of drugs for personal purposes. In particular, it was proposed to reduce the terms of imprisonment for certain offenses (there is no alternative) and provide for the possibility of deferring the execution of a sentence if the convicted person is being treated for drug addiction. But after President Putin spoke out against easing the Criminal Code even for consumers last summer, instructing the Prosecutor General’s Office to look at law enforcement practice, this bill received a negative response from the government and was not submitted for consideration by the State Duma.

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.

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.

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.”

The explanatory note to the document states, “when introducing the proposed changes to the Code of Criminal Procedure, the basis for initiating a criminal case for crimes related to the illegal sale of drugs by unidentified persons will be data confirming the fact of the transfer of drugs to another person, as well as an expert opinion determining their type, weight and Name".

shall be punishable by imprisonment for a term of four to eight years with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of nine months to one year, or without it and with restriction of freedom for a term of up to two years. or without it.