Amendments to Article 228 part 4

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Precursors of narcotic and psychotropic substances are substances used in the manufacture, production and processing of narcotic and psychotropic drugs, included in the List of narcotic and psychotropic substances and their precursors subject to control in the Russian Federation in accordance with legislation and international treaties, including the UN convention on the fight against Illicit trafficking in narcotic and psychotropic substances from 1988. Analogues of narcotic and psychotropic substances are substances of synthetic or natural origin that are not included in the List of Narcotic Drugs, Psychotropic Substances and Their Precursors, but have a similar chemical formula and similar properties to drugs that have a psychoactive effect.

» 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.

Article 228 Part 4 of the Criminal Code of the Russian Federation with amendments for 2021

The next provision in the list in the code contains more positions than Article Part 4 of the Criminal Code of the Russian Federation in the article. However, here we are not talking about personal use, but about sale or other forms of distribution. For correct qualification, only the number of drugs matters. Unlike similar provisions, which also talk about narcotic drugs, the article of the Criminal Code of the Russian Federation does not affect the sale of substances, which is carried out by unauthorized persons.

We will tell you whether amendments to the Criminal Code of the Russian Federation are expected in 2021. Latest news - according to Art. 228 h 2 changes in 2021 are not yet planned, but the situation of those convicted under Art. 228 may improve due to other amendments to the Criminal Code of the Russian Federation.

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228.1ch4 Changes in the Law 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.

Hello. My brother was imprisoned for 228 hours 4, given 6.8 strict regime, so I wanted to consult with you about what amendments were introduced and how he can be released earlier and whether this is even possible. convicted in 2013

Alexei! The latest changes to Article 228 of the Criminal Code of the Russian Federation took place in March 2012, so it makes no sense for your brother to go to court under Art. 10 of the Criminal Code of the Russian Federation. Early release from serving a sentence of imprisonment is possible either due to illness, I hope this is not your option, or conditional early release. In my experience, this is quite possible.

No amendments to Art. 234 of the Criminal Code of the Russian Federation has not existed since December 7, 2011. There is a Federal Law of December 31, 2014 N 532-FZ “On amendments to certain legislative acts of the Russian Federation in terms of combating the circulation of counterfeit, counterfeit, substandard and unregistered medicines, medical devices and counterfeit dietary supplements”, it has come into force 01/23/2015, but two articles were simply added to the code: 235.1 of the Criminal Code of the Russian Federation Illegal production of medicines and medical devices

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A special feature of sales is that narcotic drugs, psychotropic substances or their analogues are at the complete disposal of another person, who in this case acts as their purchaser or consumer. Therefore, the transfer of narcotic drugs, psychotropic substances or their analogues to another person for temporary possession cannot be qualified as sale; in this case, both entities are co-principals (under other conditions) of the illegal possession of drugs, psychotropic substances or their analogues (Article 228).

10.2. Persons holding an official position, in the comments. This article recognizes persons who temporarily or by special authority perform organizational, administrative or administrative duties, as well as other persons using their official position. These may be employees of a government agency, association, enterprise or organization. The same list includes persons who have official powers in public organizations or other non-state commercial structures.

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

shall be punishable by imprisonment for a term of ten to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it.

This practice was recognized by the Ministry of Internal Affairs and the government as “ineffective” and diverting the efforts and attention of drug trafficking fighters from more important matters. Now the following rule will be written down in the Criminal Procedure Code: there is no drug and expert opinions - there is no criminal case, there is no legally confirmed fact of drug transfer - you cannot be “excited” about the sale.

During the discussion in the first reading in the summer of 2021, Deputy Head of the Ministry of Internal Affairs Igor Zubov reminded deputies that the government developed this initiative on behalf of President Putin “in fulfillment of the wishes of civil society.” The problem is that now criminal cases under such “anti-drug” articles of the Criminal Code as 228.1 (“Illegal production, sale or transfer of narcotic drugs...”) or 228.4 (“Illegal production, sale or transfer of precursors of narcotic substances...”) are being carried out by investigators in large numbers. procedures are initiated in situations where “if a person had signs of drug intoxication, the drugs themselves were not detected or seized,” and in general it is not clear what exactly the citizen took and where he received it from.

This happens when a drug addict is brought to administrative responsibility for illegally using potions in public places, for example, in the event of death from an overdose, or after an accident committed by a citizen while intoxicated.

The President increased fines for involving children in unauthorized rallies, expanded the powers of children's ombudsmen, softened the article on extremism, and abolished national roaming. RIA Novosti reports this.

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In fact, these changes now cover not one part, but two; the changes, of course, are cardinal, since the qualification no longer provides for one act, but several. This article (Chapter 25), according to the law, in its original version came into force in June 1996 of the year.

Udo on 228 h 4 in 2021 amendments

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.

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 -

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

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.

Part 2 of Article 228.1 establishes a punishment of 5 to 12 years with a fine of up to 500,000 rubles or in the amount of wages for a period of up to 3 years (or without a fine) and restriction of freedom for up to 1 year (or without it):

The State Duma will review the procedure for initiating drug cases

In 2021, new adjustments in the field of computer information will be introduced into the Criminal Code of the Russian Federation. Distribution, use or creation of computer programs that will carry out illegal actions on the critical information infrastructure of Russia will be punishable by arrest for 5 years and a fine of 1 million rubles.

For the seizure of substances or plants containing them in significant quantities, a fine of up to 40 thousand rubles, up to 2 years of correctional labor or up to 3 years of imprisonment or restriction of freedom is provided.
For actions committed on a large scale, the perpetrator faces 3-10 years in prison and a fine of up to half a million rubles, as well as restriction of freedom for up to a year.
If the substances found were determined to be on an especially large scale, the punishment will be 10-15 years in prison and a fine of up to half a million rubles, as well as up to one and a half years of restriction of freedom.

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Article 228.1 – features and legal consequences

According to statistics, most often those detained on drug charges are charged with Article 228 of the Criminal Code of the Russian Federation. This article establishes punishment for the illegal acquisition, storage, transportation, production, processing of narcotic substances and plants containing them, without the purpose of sale.

Illicit drug trafficking

firstly, for the sale of drugs in correctional, educational, government institutions, and any other public places (in transport, places of leisure, etc.);
secondly, when using the media, the Internet, and so on (it is no secret that the most common methods of selling drugs are the darknet and messengers with the function of anonymizing messages).

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.

Therefore, the law provides that criminal liability begins with a significant amount of drugs. What is considered significant, large and especially large amounts of narcotic substances is determined by government decree.

What punishment threatens under Art. 228 of the Criminal Code of the Russian Federation?

Thus, we can say that the crime relating to the storage of necrotic substances without the purpose of its subsequent sale requires special attention and revision, since the public danger seems to be less, and the categories of the crime are the same as those that are more serious. We have already decided that for society there is much less harm from storage than from the same sale.

The actions of an intermediary in the sale or acquisition of narcotic drugs, psychotropic substances or their analogues should be qualified as complicity in the sale or acquisition of narcotic drugs, psychotropic substances or their analogues, depending on whose interests (the seller or the acquirer) the intermediary acts.

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.

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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.

Commentary to Art. 228.1 of the Criminal Code of the Russian Federation

a) in a pre-trial detention center, correctional institution, administrative building, administrative structure, educational organization, at sports facilities, railway, air, sea, inland water transport or subway, on the territory of a military unit, in public transport or premises used for entertainment or leisure;

Judicial practice under Article 228.1 of the Criminal Code of the Russian Federation

The illegal production of narcotic drugs, psychotropic substances or their analogues should be understood as intentional actions committed in violation of the legislation of the Russian Federation aimed at the serial production of such drugs or substances from plants, chemicals and other substances (for example, using special chemical or other equipment, the production of narcotic drugs or psychotropic substances in a room adapted for these purposes, manufacturing of drugs in batches, in packaged form). At the same time, to qualify the actions of persons under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation, as a completed crime, the size of the actual narcotic drug or psychotropic substance received does not matter.

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Art. 228 of the Criminal Code of the Russian Federation can be applied to an offender from the age of 16, and if the drugs were obtained as a result of theft, as well as extortion or robbery, criminal punishment is applied from the age of 14.

Article 228 of the Criminal Code of the Russian Federation - structure

The convicted person must serve at least ¾ of the sentence determined by the court; only then can he apply for parole. They will be considered if the convicted person has not committed any offenses over the past three years.

Parole (parole) when setting a term

Important!

Illegal possession may imply possession of drugs in a certain amount, therefore, even personal use, and even more so the production of drugs, can be attributed to norm 228 of the Criminal Code of the Russian Federation. What punishment awaits in this case is determined by a court decision, taking into account all the features.

The same acts committed on a large scale - 3. The same acts committed on an especially large scale - Significant, large and especially large amounts of analogues of narcotic drugs and psychotropic substances correspond to significant, large and especially large amounts of narcotic drugs and psychotropic substances, which they are analogues of. 228 of the Criminal Code of the Russian Federation changes March 2021 Were there any amendments to Article 228, Part 1 in 2021? and when were the last amendments? And what is the punishment? March 16, 2021, 00:38 Anna, Kizilyurt comments on Article 228 of the Criminal Code of the Russian Federation by the Federal Law of March 1, 2012

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.

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

Planned changes to Article 228 of the Criminal Code of the Russian Federation in 2021 Published: January 26, 2021 Planned changes to Article 228 of the Criminal Code of the Russian Federation in 2021 “On amendments to Article 228 of the Criminal Code of the Russian Federation and Article 398 of the Criminal Procedure Code of the Russian Federation” Add to the Criminal Code Russian Federation (Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2954; 2003, No. 50, Art. 4848; 2006, No. 2, Art. 176; 2009, No. 52, Art. 6453; 2010, No. 19, Art. 2289; No. 21, Art. 2525; 2011, No. 50, Art. 7362; 2012, No. 10, Art. 1166; 2013, No. 48, Art. 6165) They also plan to make changes to Part 3 of Article 228 of the Criminal Code of the Russian Federation. Namely, under Part 3 of Article 228 of the Criminal Code of the Russian Federation, for possession of narcotic drugs and psychotropic substances on a particularly large scale without the purpose of selling them, the punishment is now provided for from 10 to 15 years. It is planned that the sentence will be reduced under this part of Article Part.

Amendments to Article 228 Part 2 effective in 2021

Significant, medium, 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 this article, Articles 228.1 of the Criminal Code, 229 of the Criminal Code, 229.1 of the Criminal Code are approved by the Government of the Russian Federation."; c) in Note 3 to 228 of the Criminal Code: after the word “significant,” add the word “average”; after the word “significant,” add the word “average”; 3) article 228.1 of the Criminal Code shall be supplemented with a note with the following content: “Note. 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. Under such circumstances, acts related to the possession of drugs, committed without the purpose of sale, require a special approach, reflecting the degree of danger ( It is interpreted broadly - that is, in the sense that since it cannot be aggravated, it can be improved) 2) Part 2 10 of the Criminal Code if the punishment has not yet been served: reduction of the term.

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