Article 234 of the Criminal Code of the Russian Federation provides for liability for the illegal production, processing, acquisition, storage, transportation or shipment for the purpose of sale, as well as the illegal sale of potent or toxic substances that are not narcotic drugs or psychotropic substances, or equipment for their production or processing.
Despite the fact that this norm of the criminal law excludes liability under it for illegal trafficking in narcotic or psychotropic substances (liability for trafficking in narcotic and psychotropic drugs is provided for by other norms of the Criminal Code of the Russian Federation), liability under Art. 234 of the Criminal Code of the Russian Federation is subject to drug addicts and, oddly enough, athletes.
Decree of the Government of the Russian Federation dated December 29, 2007 N 964 approved a list of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as large quantities of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation. This list contains a number of psychotropic potent substances used by drug addicts to obtain a narcotic effect, as well as androgenic anabolic steroids used by athletes to achieve athletic performance and build muscle mass.
An important feature of Art.
234 of the Criminal Code of the Russian Federation Illegal trafficking of potent substances is that criminal liability for it arises only for sales or circulation (shipment, transportation, acquisition, storage) for the purpose of sales. Thus, the direct sale must be proven, and if no purchase was carried out during the operational investigation, then the intent to sell, which may be evidenced by the large size of the prohibited substances, packaging of the substance, materials and equipment for packaging, etc. Thus, criminal liability under Art. 234 of the Criminal Code of the Russian Federation in case of acquisition or storage of any substance contained in the list of prohibited substances of Resolution No. 964 of December 29, 2017, does not occur. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Terms of punishment under Article 228 of the Criminal Code of the Russian Federation
The terms of punishment under Article 228 of the Criminal Code of the Russian Federation are divided into 3 main points according to the severity of the violation, and only the court determines which of them will be applied in each specific case.
• If any activity with narcotic substances is detected, including not only synthetic, but also herbal drugs in a certain quantity, the accused faces a minimum penalty of a fine of up to 40,000 in the national currency of Russia. Alternatively, a prison sentence of up to three years may be imposed. • If a drug transaction is determined to be large, punitive sanctions become more stringent. The culprit will be imprisoned for a term of three to ten years and will receive fines of up to half a million rubles. • Particularly large drug transactions are punishable by fines of up to half a million rubles and imprisonment for a term of 10-15 years.
In addition to the size of the transaction, the object of which is drugs, Art. 228 Part 1 of the Criminal Code of the Russian Federation determines the term, taking into account other nuances that affect the severity of the punishment.
Protection under Art. 234 of the Criminal Code of the Russian Federation Illicit trafficking in potent substances
If you or your relative are detained for illegal trafficking of anabolic steroids or potent psychotropic substances, even if there was no sale, in any case you should take advantage of the protection under Art. 234 of the Criminal Code of the Russian Federation, since law enforcement officials will try to prove the sale or its intent. They may begin to persuade you, intimidate you, mislead you, and say that if you confess, it will make your fate easier. Without the participation of a lawyer in the absence of protection under Art. 234 of the Criminal Code of the Russian Federation, you risk becoming an easy prey. Moreover, at the stage before the initiation of a criminal case, when conducting an inspection in accordance with Art. Art. 144 – 145 of the Code of Criminal Procedure of the Russian Federation does not provide for the mandatory participation of a defense attorney. Therefore, as soon as there is contact with law enforcement agencies related to psychotropic substances or anabolic steroids, seek protection under Art. 234 of the Criminal Code of the Russian Federation to a lawyer.
Article 228 part 1 of the Criminal Code of the Russian Federation
According to Article 228 Part 1 of the Criminal Code of the Russian Federation, the sentence is determined according to several parameters.
• According to a certain paragraph of part one of this article, a person who sells or transports narcotic substances in any form may be imprisoned for a term of 4 to 8 years. • The second part of the first paragraph states that the sale of drugs in public places, correctional institutions, airports, railway and sea stations, sports facilities and so on is punishable by a term of five to twelve years. • Group drug trafficking carries a penalty of eight to fifteen years in prison and a significant fine. An even more severe punishment under Art. 228 Part 1 awaits those who sold narcotic substances, taking advantage of their official position, or offered them to persons under the age of majority - a fine of up to a million Russian rubles and a sentence of 10-12 years.
In part one of Art. 228 of the Criminal Code of the Russian Federation, the term is provided for the main elements of the crime, which, according to the legal classification, is classified as serious. A person who can be accused of manufacturing, selling and other actions with drugs must be sane - this is confirmed by a special medical examination. By a court decision, the income and property of someone who commits any actions with narcotic substances and their analogues may be confiscated. For conviction under Art. 228 it is important to prove direct intent, according to which all actions were performed. Evidence may include confirmation of a preliminary agreement on the sale, manufacture or purchase of drugs, packaging items found on the suspect, the presence of drugs in a person who does not use them, and so on.
• For art. 228 and 228.1 general principles regarding the statute of limitations apply. In the first case, the statute of limitations is 6 years, in the second - 10 years from the date of commission of the crime. If the person who committed it hides from court, the statute of limitations under Art. 228 is suspended and resumed from the moment of his arrest or surrender.
How to receive a suspended sentence under Part 2 of Article 228 of the Criminal Code of the Russian Federation
If the applicability of a suspended sentence using Article 73 of the Criminal Code of the Russian Federation according to Part 1 of Article 228 of the Criminal Code of the Russian Federation does not actually cause controversy, because there, without the presence of a relapse of the crime or the absence of a previously imposed suspended sentence, the courts impose a suspended sentence or a fine without the virtuoso work of a lawyer, then according to Part 2 of Article 228 of the Criminal Code of the Russian Federation, everything is not so simple.
So, article 73. Conditional sentence.
1. If, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a term of up to eight years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment suspended.
A conditional sentence is not imposed when a serious or especially serious crime is committed during the probationary period, with a conditional sentence imposed for committing an intentional crime, or during the unserved part of the sentence imposed for committing an intentional crime, with conditional early release; in case of a dangerous or especially dangerous relapse.
2. When assigning a suspended sentence, the court takes into account the nature and degree of social danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances.
3. When assigning a conditional sentence, the court establishes a probationary period during which the conditionally convicted person must prove his correction by his behavior. In case of imposition of imprisonment for a term of up to one year or a more lenient type of punishment, the probationary period must be no less than six months and no more than three years, and in case of imposition of imprisonment for a term of more than one year - no less than six months and no more than five years . The probationary period is calculated from the moment the sentence enters into legal force. The probationary period includes the time elapsed from the date of pronouncement of the sentence.
4. In the event of a suspended sentence, additional types of punishment may also be imposed.
5. The court, when assigning a conditional sentence, imposes on the conditionally convicted person, taking into account his age, ability to work and state of health, the performance of certain duties: not to change his permanent place of residence, work, study without notifying the specialized state body that monitors the behavior of the conditionally convicted person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or sexually transmitted diseases, work (get a job) or continue studying in a general education organization. The court may impose on the conditionally convicted person the performance of other duties that contribute to his correction.
6. Control over the behavior of a conditionally convicted person is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions.
7. During the probationary period, the court, upon the proposal of the body exercising control over the behavior of the conditionally convicted person, may cancel in whole or in part or supplement the duties previously established for the conditionally convicted person.
All points of this article are quite feasible and are aimed at giving the person who has stumbled a chance for correction, taking into account that his stay in freedom will be more useful for himself and his loved ones, so as not to worsen his situation, the situation of his family and to protect the interests states.
Article 228 of the Criminal Code of the Russian Federation, part 2-4
Part two of this article concerns persons who, according to their official position, are obliged to strictly observe the rules for storing and transporting drugs containing narcotic substances. If there was a violation, the person who is guilty of this pays a fine or is sent to community service. In this case, the offender is forever deprived of the right to work in certain positions.
If the improper storage of drugs was complicated by causing harm to one or more people or was committed intentionally for personal gain, liability is provided in the form of imprisonment.
According to the third part of Art. 228 of the Criminal Code of the Russian Federation, a person who illegally acquired precursors of narcotic substances or violated the rules for their storage and transportation may receive punishment in the form of correctional labor. If the crime was committed on an especially large scale, a large fine or imprisonment is threatened.
Part four stipulates crimes committed on a large scale (imprisonment with payment of a large fine). It also determines punishment for actions that were committed by a group of people or by one person who used his official advantage.
Administrative responsibility under Art. 228
It is used for proven regular use of narcotic and/or psychotropic substances without a doctor’s prescription. But in this case, the above-mentioned Article 228 Part 1 of the Criminal Code of the Russian Federation can also be applied, if we take into account that the drug user purchases, transports and stores them. Article 228 of the Criminal Code of the Russian Federation provides for punishment both for the acquisition of narcotic substances for a fee (for money or services) and for receiving drugs for free. The exception is their purchase as prescribed by a doctor, which is confirmed by the presence of a prescription, medical history and other medical documents. Illegal possession implies possession of drugs in a certain quantity, therefore even personal use, and even more so the manufacture of drugs, may fall under Article 228 of the Criminal Code of the Russian Federation. How much they will give in this case is determined by the court’s decision, taking into account all the nuances.
Mitigating circumstances and the minimum term under Article 228 of the Criminal Code of the Russian Federation
Each case of illegal storage, use, sale and transportation of narcotic and psychotropic substances is considered by the court individually. The social behavior of the accused, his willingness to help the investigation, and the circumstances under which the criminal act was committed are taken into account. When examining each specific case, the courts are guided by Articles 61, 62 and 64 of the Criminal Code of the Russian Federation, which determine the presence of mitigating circumstances that make it possible to obtain a maximum reduction in the sentence - sometimes even below the minimum level. Experienced lawyer under Article 228
will definitely take advantage of the opportunity.
The following are recognized as mitigating circumstances:
• If a person has stumbled for the first time, and before that he was a completely law-abiding citizen.
• Presence of pregnancy, as well as young children or other dependents.
• If the accused has not reached the age of majority.
• Coercion, threat to life.
• Difficult life circumstances that prompted the commission of a crime.
• Presence of a serious illness at the time of investigation.
Sincere repentance, assistance to the investigation, attempts to correct and make amends for the harm caused to the victim, confession, and compensation for losses are also taken into account by the court and can serve as mitigating circumstances.
The most difficult thing to prove is an uncommitted crime - if the drugs were planted without the knowledge of the accused. In order to prove your innocence, it is worth hiring an experienced lawyer. You shouldn’t give up or try to cope on your own – a lawyer has a better chance of helping. A drug lawyer will be able to take into account all the nuances, achieve the best conditions during the investigation, he has access to documents, and so on, so you should hire an experienced lawyer as early as possible.
Is there conditional early release (PAROL) if convicted under Article 228 of the Criminal Code of the Russian Federation?
Even people who actually committed drug transactions are entitled to parole. Parole under Article 228 is a measure of mitigation of punishment and is applied with an appropriate attitude towards work or study while serving the sentence; readiness to compensate for the damage caused can also mitigate the sentence.
The convicted person must spend at least ¾ of the term determined by the court behind bars and only then can he apply for parole. It will be accepted for consideration if there have been no serious violations within the last 3 years. The head of the colony must provide the court with a reference listing censures and rewards. You should entrust the drafting of the petition to an experienced lawyer.
Protection under 228 of the Criminal Code of the Russian Federation
March 04, 2015 P R I G O V O R
In the name of the Russian Federation
Tyumen city March 04, 2015
Central District Court of Tyumen, consisting of:
presiding judge – judge S.V. Romanova,
with the participation of: public prosecutor - senior assistant prosecutor of the Central Autonomous District of Tyumen Pashchenko A.F.,
defendant "full name"
defender - lawyer of the Tyumen Interregional Bar Association R.D. Ospanov, acting on the basis of warrant No. dated DD.MM.YYYY
under the secretary Koshkarova-Plokhova M.Yu.,
having examined in open court in a special judicial procedure criminal case No. in relation to:
LAKHTINA A.S., <data taken>
accused of committing a crime under Part 2 of Art. 228 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation),
U S T A N O V I L:
“Full name” made an illegal acquisition without the purpose of selling narcotic drugs, committed on a large scale, under the following circumstances.
DD.MM.YYYY about <data taken> “Full name”, being at a distance of 2 meters from the entrance No. <address>, acting intentionally, without the purpose of sale, for the purpose of personal consumption, illegally acquired from a person unidentified by the investigation a substance containing derivative N-(1-carbamoyl-2-methylpropyl)-1-pentyl-1Nindazole-3-carboxamide, related to narcotic drugs weighing 1.9124 grams, which according to the Decree of the Government of the Russian Federation dated October 1, 2012 No. 1002 “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as 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 Code of the Russian Federation", is large in size.
DD.MM.YYYY in <data taken> “Full name” was detained by police officers near the entrance No. <address>, where in the period of time from <data taken> minutes during an inspection of the scene near the curb located at the entrance No. < address> a substance purchased by “Full Name” was discovered and seized, containing a derivative of N-(1-carbamoyl-2-methylpropyl)-1-pentyl-1Nindazole-3-carboxamide, related to narcotic drugs, weighing 1.9124 grams , which is a large size.
At the court hearing, the defendant “Full Name” supported the petition he made when familiarizing himself with the materials of the criminal case for a special procedure for the trial, explaining that he agreed with the charges brought against him, admitted his guilt in full, was aware of the nature and consequences of his petition, this petition was his declared voluntarily and after consultation with a defense lawyer.
The punishment provided for in Part 2 of Art. 228 of the Criminal Code of the Russian Federation, does not exceed 10 years of imprisonment.
The defendant’s above-mentioned request for a verdict without a trial, taking into account the opinions of the public prosecutor and defense attorney, was granted.
The court comes to the conclusion that the accusation agreed with by the defendant is justified and supported by evidence collected in the criminal case.
The court qualifies the actions of the defendant “full name” under Part 2 of Art. 228 of the Criminal Code of the Russian Federation as an illegal acquisition without the purpose of selling narcotic drugs, committed on a large scale.
When assigning punishment, determining the type and measure of punishment for the defendant, the court takes into account the nature and degree of public danger of the crime committed, which, in accordance with Part 4 of Art. 15 of the Criminal Code of the Russian Federation belongs to the category of serious crimes, the identity of the defendant, <data seized>.
Circumstances mitigating the punishment “full name”, according to Part 2 of Art. 61 of the Criminal Code of the Russian Federation, the court recognizes his admission of guilt, sincere repentance for his deeds, <data taken>
Circumstances aggravating the punishment “Full name”, according to Art. 63 of the Criminal Code of the Russian Federation was not established by the court.
Taking into account all the circumstances of the case, the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family, data on the personality of the defendant, the court considers it necessary to assign to the defendant “full name” a sentence of imprisonment, which will be fair and will serve the correction of the convicted person and prevent him from committing new crimes.
When determining the term of punishment, the court is guided by Part 5 of Art. 62 of the Criminal Code of the Russian Federation, since the criminal case was considered in a special manner.
Taking into account the nature and degree of public danger of the crime committed, the personality of the defendant, the presence of mitigating and absence of aggravating circumstances, the court believes that the correction of the defendant can be achieved by assigning him a suspended sentence, in accordance with Art. 73 of the Criminal Code of the Russian Federation, with a probationary period during which the “full name” must prove correction by his behavior, and the assignment of responsibilities that will contribute to his correction.
Taking into account the living conditions of the defendant’s family, his property and financial situation, as well as the sufficiency of the punishment in the form of imprisonment to correct the defendant, the court considers it possible not to impose an additional punishment in the form of a fine and restriction of freedom.
At the court hearing, exceptional circumstances related to the goals and motives of the crime, which significantly reduce the degree of public danger of the crime committed by the defendant, were not established, and therefore, the grounds for applying Art. 64 of the Criminal Code of the Russian Federation the court does not see.
Also, taking into account the actual circumstances of the crime and the degree of its public danger, the personality of the defendant, the court considers it impossible to change the category of the crime to a less serious one in accordance with Part 6 of Art. 15 of the Criminal Code of the Russian Federation.
No civil claim has been filed.
The issue of material evidence is subject to resolution in the manner established by paragraphs. 2, 6 hours 3 tbsp. 81 Code of Criminal Procedure of the Russian Federation.
There are no procedural costs.
Based on the above, guided by Article 316 of the Code of Criminal Procedure of the Russian Federation, the court –
PRI G O V O R I L:
“Full name” is found guilty of committing a crime under Part 2 of Art. 228 of the Criminal Code of the Russian Federation and sentence him to imprisonment for a term of 3 (three) years, without a fine and without restriction of freedom.
In accordance with Part 1 1-3 tbsp. 73 of the Criminal Code of the Russian Federation, the imposed punishment is considered suspended with a probationary period of 3 (three) years.
Based on Part 5 of Art. 73 of the Criminal Code of the Russian Federation, assign to the “Full Name” the following obligations: not to change permanent place of residence and work without notifying the specialized state body that monitors the behavior of the conditionally convicted person, to appear for registration with this body once a month, on the days specified by it, not to leave from your permanent place of residence from 22:00 to 06:00 the next day, if this is not related to work, consult a narcologist within one month and, if necessary, undergo a course of treatment for drug addiction.
The preventive measure “full name”, a written undertaking not to leave the place and proper behavior until the sentence enters into legal force, shall be left unchanged.
No civil claim has been filed.
There are no procedural costs in the case.
Material evidence in the case: <data seized>.
The verdict can be appealed within 10 days from the date of its proclamation to the Judicial Collegium for Criminal Cases of the Tyumen Regional Court, by filing an appeal or submission through the Central District Court of Tyumen.
The verdict cannot be appealed on appeal on the grounds provided for in paragraph 1 of Art. 389.15 Code of Criminal Procedure of the Russian Federation.
If an appeal is filed, the convicted person has the right to petition for his participation in the consideration of the criminal case by the appellate court, which he must indicate in his complaint.
Chairman S.V. Romanov
Prices for lawyer services for this category of cases can be found here.
Lawyer under Art. 234 of the Criminal Code of the Russian Federation Illegal trafficking of potent or toxic substances for sales purposes
Lawyer under Art. 234 of the Criminal Code of the Russian Federation will provide a full range of services for the protection of illegal trafficking in potent substances. All features of the composition of Art. 234 of the Criminal Code of the Russian Federation are taken into account by the lawyer during the defense and are used effectively. In specific situations, the tactics of the defense can be constructed in different ways, it all depends on whether the sale or intent to sell is proven - it is the proof of this circumstance that determines the presence of the elements of Art. 234 of the Criminal Code of the Russian Federation. In some cases, the defense is aimed at minimizing liability, and in other cases the tactics involve avoiding more serious charges. Lawyer under Art. 234 of the Criminal Code of the Russian Federation will help you build the right defense tactics, taking into account all the important circumstances. If you are facing criminal prosecution under Art. 234 of the Criminal Code of the Russian Federation, call a criminal lawyer at the phone number listed on the website.
