At the end of the 20th - beginning of the 21st centuries, the level of distribution of narcotic drugs in the Russian Federation reached its peak. This relatively new way of getting “unforgettable sensations” has become a very fashionable way to relax. The problem is that drugs were distributed not only among young people, but also among part of the adult population of the Russian Federation.
As we understand it, a similar situation has negatively affected the welfare of the whole society. In order to prevent mass degradation, government agencies declared a “war” on drugs throughout Russia. The state has taken severe measures to protect society from narcotic substances. First of all, the legal “frontier” was created, which consists in criminal liability provided for in Article 228 of the Criminal Code of the Russian Federation.
Article No. 228: What is It?
This article enshrines the legal norms through which the punishment of persons illegally acquiring or storing narcotic substances is carried out. However, the very essence of the article of the Criminal Code 228 of the Russian Federation will be discussed further. First you need to focus on its social aspect. With its help, not only the punishment of drug users is carried out, but also the re-education of those who are prone to such actions. Already in 1998, the Russian Ministry of Internal Affairs provided reports according to which more than one hundred thousand Russian citizens were convicted under article 228 of the Criminal Code of the Russian Federation. Moreover, out of all of them, more than thirty thousand people were sentenced to such punishment as imprisonment. Thus, when analyzing Article 228, one must remember that this is not only a harsh preventive measure, but also a universal way of re-education.
Section 228: Composition of the Crime
The article contains several parts in its structure. Each of them fixes the sanctions imposed for crimes of varying severity and the amount of the subject of the crime. According to the first part of Article 228, illegal transportation, acquisition and storage, manufacture, as well as processing without the purpose of further sale of narcotic drugs are punishable by a fine, mandatory, corrective labor, as well as imprisonment. The sanction is an alternative, therefore, the court will consider the circumstances in which the narcotic substances were identified, as well as other significant facts. It should be borne in mind that they can imprison for the first part of article 228 for up to three years.
Illegal acquisition, storage. Interpretation of concepts
Very often, some citizens and even people with a law degree do not understand the interpretation of the concepts of “illegal possession” and “illegal acquisition”. As for the second phrase, it can be considered from several positions. For instance:
- you should not consider the acquisition exclusively as a purchase, since any method of receipt is illegal and is called an acquisition;
- regardless of the retribution or gratuitousness of the method of obtaining narcotic drugs, it will be considered illegal;
- “Refreshment” also falls under the scope of Article 228, and both the recipient of the “gift” and the donor will be held liable;
- it should be remembered, analyzing the precedents of the spread of narcotic substances and article 228 itself, that this crime is considered completed from the moment of drug transfer.
Qualifying and characterizing illegal storage is much easier. Such a legal characteristic includes any intentional actions aimed at ensuring the preservation of drugs (wearing, hiding in hiding places, etc.).
Qualified offense
We found out that the article The Criminal Code of the Russian Federation 228 makes it possible to prosecute persons who illegally posses or acquire drugs that are elements for their production, etc. However, the same article presents a qualified corpus delicti, which is characterized by an aggravating circumstance - the actions listed in the first part of the article, committed on a large scale. With the existence of qualified personnel, criminal liability increases significantly, namely, a criminal can be sentenced to imprisonment for a term of three to ten years, as well as a fine in the amount of up to five hundred thousand rubles. Unlike the first part of the article, the sanctions are quite severe, because there are no alternative punishments.
Highly qualified corpus delicti
The most severely punished are acts that fall under consideration of the first part of article 228, committed in especially large amounts.
The term of imprisonment may vary from ten to fifteen years, while a fine of up to five hundred thousand rubles is imposed on a person. It should be borne in mind that the voluntary surrender of narcotic drugs to the relevant authorities, as well as all kinds of assistance to the investigation, completely relieve the person from criminal liability for illegal possession and acquisition.
So, we considered article of the Criminal Code of the Russian Federation No. 228: what it is, what types of punishment are provided for those who violate it, as well as varieties of corpus delicti.