Current legislation establishes a list of objects whose turnover is limited. Among them, in particular, psychotropic and narcotic substances. Their circulation is allowed with a special permit issued by the competent authorities. Narcotic and psychotropic substances are used in many drugs. Such drugs are dispensed to citizens on prescriptions. In Art. 233 of the Criminal Code of the Russian Federation establishes liability for the illegal issuance or forgery of prescriptions and other documentation that gives the right to receive psychotropic / narcotic compounds. Consider the features of the norm.
Punishment
If signs of the above crime are identified , according to Art. 233 of the Criminal Code, one of the following sanctions may be guilty:
- Cash collection of up to 80 thousand rubles. or in the amount of income for six months.
- Up to 360 hours of compulsory, up to 1 year of corrective labor, up to two years of forced labor. The final punishment may be supplemented by the deprivation of the convicted person's right to carry out activities or occupy positions determined by the court for 3 years.
- Up to two years in prison. An additional sanction mentioned above may also be added to this punishment.
Art. 233 of the Criminal Code with comments
The danger of the act in question is that forgery or illegal preparation of prescriptions and other documentation that allows obtaining narcotic / psychotropic drugs leads to their uncontrolled circulation and illegal use.
The acts provided for in Art. 233 of the Criminal Code, in judicial practice fall into the category of acts of medium gravity.
The subject of the infringement is a recipe or other documentation, on the basis of which the perpetrator may receive products that are limited in circulation.
As follows from the provisions of Article 233 of the Criminal Code of the Russian Federation, the immediate object of the attack is public relations aimed at ensuring the health of citizens. In addition, the crime disrupts the normal functioning of the healthcare management system.
Item Features
A prescription is a written prescription issued by a qualified doctor. It is drawn up on a special uniform form. The recipe should contain all the details provided for this type of documentation. This paper is intended for distribution to a pharmacist at a pharmacy. Based on the prescription, the pharmacy employee issues the drugs indicated in it containing narcotic / psychotropic compounds. The prescription contains information about the name of the medication, its quantity, dosage and method of use.
The form of the form, the rules for their accounting and registration, storage and execution are determined by the federal executive body that monitors the sale of substances limited in circulation.
The prescription must necessarily contain information about the person who issued it, the citizen who will receive the medicines, signature, personal seal of the specialist, head physician and medical institution.
The form of the special form and recommendations for its execution are approved by Order of the Ministry of Health and Social Development No. 110 of 2007 (as amended of 2012).
Other documents
As “other documentation” referred to in Art. 233 of the Criminal Code, which gives the right to receive narcotic / psychotropic substances or medicines containing them, are:
- license for activities related to the circulation of these products;
- an application for these substances for use in therapeutic practice, sent by a medical institution;
- extract from the medical record (medical history) of the patient;
- waybill;
- Journal of the registration of narcotic drugs for ambulance crews.
Legislation
Pharmacy and healthcare organizations are prohibited from dispensing psychotropic and narcotic drugs included in Schedule II with prescriptions issued more than 5 days ago.
Order of the Ministry of Health and Social Development No. 330 of 2005 established a list of posts for pharmaceutical and medical workers, institutions and organizations authorized to sell products with limited circulation to individuals. This list contains:
- Head of a pharmacy, his deputy (department head).
- Pharmacist.
- Pharmacist.
The objective aspect of the act
In Art. 233 of the Criminal Code, the punishment for unlawful issuance, forgery of recipes or other documentation is fixed, which makes it possible to freely obtain substances with limited circulation. In this case, the transfer of the form in violation of the rules for execution or in the absence of relevant evidence identified by a competent medical professional or a committee of doctors should be considered illegal issuance.
Faking a prescription form or other documentation that allows you to obtain substances whose circulation is limited, involves:
- non-observance of the procedure for registration, delivery of them to an entity that does not have the right to receive them, does not need treatment with the medicines indicated in the papers;
- indication of drugs in excess of the required norm;
- exceeding the norms of the one-time dispensing of medicines;
- execution of a document using the personal seal of a medical specialist or without his knowledge.
Forgery of the prescription form or other documentation giving the right to receive substances limited in circulation is fully covered by Art. 233 of the Criminal Code. Additional qualification of an act under Article 327 of the Code is not carried out.
Subjective aspect
Act provided for by Article 233 of the Criminal Code, committed with direct intent. This means that the perpetrator understood that he was violating the established order and issued / forged a prescription form or other document that allows him to get a psychotropic substance or narcotic drug, and wants to perform these actions. In qualifying a crime, the motive of the perpetrator does not matter.
The Code provides for several articles, the punishment of which comes from 16 years. They include, among others, Art. 233, 228 of the Criminal Code. The latter norm establishes sanctions for illegal possession, acquisition, transportation, processing, manufacture of narcotic / psychotropic drugs. These substances can be obtained in various ways, including using a fake prescription or other document.
However, it should be borne in mind that the subject of the illegal issuance of a prescription form or other documentation is a special person endowed with the relevant rights. Any citizen can fake the indicated papers.
Additional qualification
If the crime is accompanied by the abduction of a prescription form or other documentation issued in the established manner, a set of acts takes place. In such situations, the actions of the perpetrator fall under the provisions of article 233 and part 1 of the 325 norms of the Criminal Code.
Illegal issuance or forgery of a prescription form or other documentation giving the right to receive a potent remedy is qualified under 327 articles of the Code. If there are appropriate grounds, the penalty under Art. 285.
It does not matter for the recognition of the actions of the entity that illegally issued or forged a prescription form or other documentation giving the right to receive a narcotic / psychotropic drug as a completed offense under article 233, whether the perpetrator received the corresponding substance in fact or not. If, however, funds limited in circulation were nevertheless issued to the perpetrator, then the deed is additionally qualified under Art. 228 as an illegal acquisition. In this case, the court must determine the size in which these substances were obtained. Depending on this, the severity of the punishment is established.
Conclusion
Narcotic and psychotropic compounds with uncontrolled circulation can cause serious harm to the health of citizens up to causing death. Given this danger, the legislator provides for various sanctions for various illegal actions with these objects. Legal regulation of the circulation of such substances includes the obligation of organizations, institutions and citizens working with them to obtain special permits. In addition, the issuance of funds is carried out exclusively on prescriptions. Forgery or illegal processing of these and other documents, which serve as the basis for obtaining substances that are restricted in circulation, entails liability under article 233 of the Criminal Code.