Article 228 part 2 of the Russian Criminal Code. About the section "Criminal Code (Criminal Code of the Russian Federation)

01.10.2020

The circulation of narcotic drugs, psychotropic substances forms a set of actions and operations with these drugs and substances permitted and controlled in accordance with the law (manufacturing, processing, storage, transportation, development, production, etc.) (see comments to Article 228). The circulation of analogues is prohibited.

From February 2020 amendments under article 228

2. The same acts committed on a large scale - Information on changes: Federal Law No. 18-FZ of March 1, 2012 supplemented Article 228 with Part 3, which shall enter into force on January 1, 2013. 3. The same acts committed in especially large size, - 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 actively contributed to the disclosure or suppression of crimes related to with the illegal circulation of these 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, shall be exempted from criminal liability for this crime.

Amendments to the Criminal Code of the Russian Federation 2020 Article 228

Accordingly, it is necessary to more actively apply to such persons the mechanisms of legal incentives to give up drug use in order to return drug users to a normal lifestyle in a timely manner. The foregoing fully indicates the need to transfer the least dangerous crimes related to the possession of drugs without the intent to sell them into the category of less serious ones.

Consideration of amendments under Article 228 in the State Duma in 2020

The draft law amends Article 173.1 of the Criminal Correctional Code. It is assumed that administrative supervision will be established over convicts who were found guilty of "two or more crimes" under part 1 of article 228 of the Criminal Code, article 228.3 of the Criminal Code (illegal acquisition, storage or transportation of precursors of narcotic drugs), part 1 of article 231 of the Criminal Code (illegal cultivation of plants containing narcotic substances (and part 1 of Article 234 of the Criminal Code (illicit trafficking in potent or toxic substances for the purpose of sale).

Changes in the Criminal Code of the Russian Federation from January 11, 2020

Art. 207 of the Criminal Code of the Russian Federation was also supplemented with two new parts. So, according to part 3, for knowingly false reporting of an act of terrorism in order to destabilize the activities of the authorities, the offender may be fined 700,000-1,000,000 rubles or in the amount of the wage or other income of the convicted person for a period of 1 to 3 years, or imprisoned to prison for a term of 6 to 8 years.

Article 228 of the Criminal Code of the Russian Federation Drugs and the Law

Drugs not specifically specified in the Law (Article 228 of the Criminal Code of the Russian Federation) will be defined as analogues (for example, spice will be treated like marijuana). To do this, take a sample of the seized substance and identify it. Official sources, as well as Wikipedia, give a detailed description of each substance, which helps to determine which category it should be assigned to (now, alas, every day new analogues of existing ones appear).

Checking the investigation

The operatives confiscated "spice" 0.14 gr from my son. He told them himself that he had drugs at home. Now he has part 3 of article 30, part 3 of article 228.1 of the Criminal Code of the Russian Federation - attempted sale from 8 to 15 years. Is it possible to retrain it for storage without the purpose of sale under Part 1 of Art. 228 of the Criminal Code of the Russian Federation, and how long can he be for this?

Amendment of drug legislation Articles 228 and 228

So many people talk about this on various resources, mostly relatives of the guys. But it is impossible to loudly declare the problem .. Open letters do not open. journalists are silent. So someone needs it, to ruin our youth in prisons. Upstairs can not know about it. They know and cover, and therefore you don’t hear about this problem at all! Until you specifically look for information on the Internet, there is silence everywhere, and therefore the bulk of the people, who have not encountered a problem like us, are advocating for tougher punishment for "hucksters", nobody needs to delve into who lured whom where, framed, falsified. Apparently, a critical mass of victims of lawlessness has not yet accumulated for some serious resistance. When I tell my friends that my son was sentenced to a monstrous term without a single proof, they look at me as if I were a "crazy mother". Most prefer to believe that everything is calm in the country, everything is in order .. So far, the hut is on the edge.

Amendments to the Criminal Code of the Russian Federation in 2020 last 228

1793, 1795; No. 26, Art. Article 228, Part 2 of the Criminal Code of the Russian Federation 2020, the last amendments of the Duma and the amnesty are announced, as a rule, on memorable dates (recently there was an amnesty dedicated to the 70th anniversary of the Victory), when there will be the next amnesty, there is no information yet. The last amendments to Article 228 of the Criminal Code of the Russian Federation were made in 2012.

Article 228 of the Criminal Code of Russia: all parts and terms of punishment

established production with further storage and processing of prohibited raw materials without further marketing;
improperly organized circulation of substances;
production with further sale or shipment;
the use of drugs;
forgery of prescriptions or illegal issuance of medical approvals for the purchase, as well as the use of funds;
smuggling.

New in the Criminal Code of the Russian Federation 2020 under Article 228

Thus, in 2020, it can be said that the crime related to the storage of necrotic substances in 2020 for the purposes of its subsequent sale requires special attention and revision, since it seems that the public danger is less, and the categories of crime are the same as those that are more serious. We have already decided that http://pudost-adm.ru/zhk-rf/1655-nk-rf-st-425.php society from the storage of harm is much less than from the same sale.

Amendments to the Criminal Code of the Russian Federation under Article 228 1 h 2 3 4 5 in 2020 official website

Notes. 1. A person who has committed a crime under this article, who voluntarily handed over precursors of narcotic drugs or psychotropic substances, plants containing precursors of narcotic drugs or psychotropic substances, or parts thereof containing precursors of narcotic drugs or psychotropic substances, and actively contributed to the detection or suppression of crimes, associated with the illegal circulation of precursors of narcotic drugs or psychotropic substances, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing precursors of narcotic drugs or psychotropic substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, shall be exempted from criminal responsibility for this crime. The voluntary surrender of precursors of narcotic drugs or psychotropic substances, plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances, their seizure during the arrest of a person, as well as during the performance of investigative actions to detect them and withdrawal.

Udo amendments in 2020

Today, it is possible to apply parole to citizens who have been sentenced to imprisonment when the punishment is replaced by corrective labor for a period of 2 months and a maximum of 5 years, if a crime of medium or small gravity is committed, or grave, when the punishment is imposed on the basis of a court verdict for the first time. According to the current provision of Article 80 of the Criminal Code of the Russian Federation, when applying a lenient punishment, it is possible to replace most of the term, when committing a crime of medium gravity - half, grave - one third.

Changes in 2020 article 228 part 2

The State Duma analyzed the enforcement of Art. 82.1 of the Criminal Code “Delaying the serving of sentences for drug addicts” - now it covers those accused under articles for the illegal acquisition, storage, transportation and manufacture of narcotic substances - and also found that it is almost never applied.

Article 228

punished by deprivation of liberty for a term of five to twelve years, with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years, and with restriction of liberty for a term of up to one year or without such.

How to get a suspended sentence under part 2 of article 228 of the Criminal Code of the Russian Federation.

Quite often we are asked whether it is possible and how to get a suspended sentence under part 2 of article 228 of the Criminal Code of the Russian Federation? We give an affirmative answer: "Yes, it is possible"! Subject to certain conditions and in the presence of certain arguments.

According to part 2 of article 228 of the Criminal Code of the Russian Federation:

Illegal acquisition, storage, transportation, manufacture, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues in a significant amount, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances on a large scale shall be punishable by imprisonment for a term three to ten years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three years, or without it, and with restriction of liberty for a term of up to one year, or without it.

It should be specially noted that as the main punishment under part 2 of article 228 of the Criminal Code of the Russian Federation, only punishment in the form of imprisonment (possibly conditionally) is provided. Punishment in the form of a fine may be imposed by the court only in the form of an additional one. There simply cannot be a penalty for this part.

A person who has committed a crime must be given a just punishment. When imposing a punishment, the nature and degree of social danger of the crime and the personality of the perpetrator are taken into account, including the circumstances mitigating and aggravating the punishment, as well as the impact of the punishment imposed on the correction of the convicted person and on the living conditions of his family.

Based on the foregoing, mitigation of punishment is applicable to crimes of any gravity, the court has no right not to take into account the arguments provided on mitigation of punishment and not to evaluate them.

If the applicability of a conditional sentence with the application of Article 73 of the Criminal Code of the Russian Federation under Part 1 of Article 228 of the Criminal Code of the Russian Federation does not actually cause controversy, because there, without a recurrence of a crime or the absence of a previously imposed conditional 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 condemnation.

1. If, after assigning correctional labor, restriction in military service, detention in a disciplinary military unit or deprivation of liberty for a term of up to eight years, the court comes to the conclusion that it is possible to correct the convict without actually serving the sentence, it decides to consider the imposed sentence conditional.

A conditional sentence is not imposed when a grave or especially grave crime is committed during a probationary period with a conditional conviction imposed for an intentional crime, or during the unserved part of the punishment imposed for an intentional crime, in case of parole; with a dangerous or especially dangerous relapse.

2. When imposing a conditional sentence, the court takes into account the nature and degree of public danger of the committed crime, the identity of the perpetrator, including mitigating and aggravating circumstances.

3. When imposing a conditional sentence, the court establishes a probationary period during which the conditionally convicted person must prove his correction by his behavior. In the event of imposition of imprisonment for a term of up to one year or a more lenient type of punishment, the probationary period must be at least six months and not more than three years, and in the case of imposition of deprivation of liberty for a term of more than one year - not less than six months and not more than five years . The probationary period is calculated from the moment the sentence comes into force. The probationary period shall include the time that has elapsed since the day of pronouncement of the verdict.

4. In case of conditional conviction, additional types of punishments may also be imposed.

5. The court, when imposing a conditional sentence, imposes certain obligations on the conditionally convicted person, taking into account his age, ability to work and state of health: not to change his permanent place of residence, work, study without notifying the specialized state body that monitors the behavior of the conditionally places, undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease, work (get a job) or continue education 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, on the proposal of the body exercising control over the behavior of a conditionally convicted person, may cancel in whole or in part or supplement the obligations previously established for a conditionally convicted person.

All paragraphs of this article are quite feasible and are aimed at giving a stumbled person a chance for correction, taking into account that his stay at large 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.

How to get a suspended sentence under Part 2 of Art. 228 of the Criminal Code of the Russian Federation?

The decisive factor for the court is the full admission of guilt and remorse for the deed. Under such circumstances, after the end of the investigation, upon familiarization with the materials of the criminal case in accordance with Article 217 of the Code of Criminal Procedure of the Russian Federation, it is necessary to file a petition for consideration of the criminal case by the court in a special manner.

"Drug crimes" is one of the most painful topics in Russia. The Criminal Code contains 11 articles related to drugs in one way or another. Article 228 of the Criminal Code of the Russian Federation, which has already become famous, reads as follows: “Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances. Below is a detailed description of this article.

Important to know: Criminal lawyers have long known that drugs are the most convenient thing for an investigator when it comes to getting good clearance statistics. "Their" merchants, who, if necessary, "surrender" buyers, the ability to throw a bag and immediately "find" it, examinations that find what they need - all this is commonplace. An experienced criminal lawyer is the only one who is able to save his client from the camera, because he knows the necessary methods of legal struggle.

Characteristics of Article 228 of the Criminal Code of the Russian Federation: how long can I get?

It is important to know: the entire article 228 of the Criminal Code of the Russian Federation is devoted to actions with drugs “for oneself”, not for sale. For sale is another story.

A crime under Article 228 of the Criminal Code of the Russian Federation is illegal:

acquisition of narcotic drugs, psychotropic substances or their analogues (any method of obtaining is considered illegal acquisition: purchase, receiving as a gift, as a means of mutual settlement, repayment of a debt, etc.);
storage of narcotic drugs, psychotropic substances or their analogues (meaning the possession of drugs, for example, keeping them with you, in a cache, in a room. The shelf life does not matter);
transportation of narcotic drugs, psychotropic substances or their analogues (transportation - the movement of a drug from one place to another by means of transport);
manufacture of narcotic drugs, psychotropic substances or their analogues (manufacturing is the preparation of a drug ready for use from plants, medicines or other things);
processing of narcotic drugs, psychotropic substances or their analogues (processing is refining, increasing the concentration of the drug in the mixture, mixing the drug with other substances);
acquisition of plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances;
storage of plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances;
transportation of plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances.

Part of the article, and, consequently, the severity of the crime and the punishment, depend on the volume of the drug, psychotropic substance or plant.

The volume of a substance is the only criterion by which a part of an article is determined. More volume - heavier punishment. These volumes are listed in Decree of the Government of the Russian Federation of October 1, 2012 No. 1002 “On Approval of Significant, Large and Extra Large Sizes of Narcotic Drugs and Psychotropic Substances, as well as Significant, Large and Extra Large Sizes for Plants Containing Narcotic Drugs or Psychotropic Substances, or parts thereof containing narcotic drugs or psychotropic substances for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation”.

The decree specifies 3 types of size:

a significant amount of the drug;
large size;
extra large size.

It is important to know that these volumes do not match for different drugs. For example, a significant amount of alpha-methylfentanyl would be greater than 0.0002 grams. And for heroin, a significant size - more than 0.5 grams. The same discrepancy in large size and especially large.

So, according to part 1 of article 228 of the Criminal Code of the Russian Federation, which refers to a significant amount, you can get:

fine up to 40,000 rubles;
mandatory work up to 480 hours;
correctional labor up to 2 years;
restriction of freedom up to 3 years;
imprisonment up to 3 years.

This is a minor crime.

It is important to know: for crimes of a small degree of gravity, it is really possible to get a suspended sentence. But this also requires the participation of a lawyer who will convince the court that imprisonment is not required, that a suspended sentence can be dispensed with.

For part 2 of article 228 of the Criminal Code of the Russian Federation (large size):

imprisonment from 3 to 10 years;
imprisonment from 3 to 10 years with a fine of up to 500,000 rubles;
imprisonment from 3 to 10 years with restriction of freedom up to 1 year.

This is a serious crime.

Part 3 of Article 228 (especially large size):

imprisonment from 10 to 15 years;
imprisonment from 10 to 15 years with a fine of up to 500,000 rubles;
imprisonment from 10 to 15 years with restriction of freedom up to 1.5 years.

A particularly serious crime.

It is important to know: it is more honorable and profitable for an investigator to solve a serious crime. Therefore, if it comes to drugs, then the charge will probably be brought for sale, and not just for possession. And for the sale rely very long time. Therefore, incitement, incorrect assessment of evidence, procedural violations can be used by the police. Who will stand up for a man who is accused of drug trafficking? Therefore, without the protection of a criminal lawyer, it is very easy to go to jail.

Statistics is everything for her: how investigators “solve” drug cases

Case 1:

A. lent B. money. After some time, B. offered to meet under the pretext of repaying the debt near the metro. They met, B. said that he had no money with him and offered to go to the nearest ATM, where he would withdraw them. So they did. They returned to the subway (B. offered to give A. a lift in his car) and when B. opened the car, the police suddenly appeared.

At that moment, B. quickly pulled out of his pocket and threw a bundle containing drugs at A.'s feet. A. was arrested. B.'s friends immediately appeared, who unanimously began to assure the police that it was A. who took out the bundle and threw it away.

The worst thing is that as many as 2 good quality videos that were made by cameras near the metro did not affect anything. The video was watched by the police and the prosecutor's office, but "we will not let the statistics be spoiled," one of the investigators said.

Case 2, more optimistic

An experienced drug addict was taken into custody and charged under article 228.1 - sale, although there was personal use and no sale. He was threatened with up to 20 years in prison.

The criminal lawyer studied the case and found loopholes, using which it was possible to achieve retraining for Part 1 of Article 228 of the Criminal Code of the Russian Federation, and there one could hope for a suspended sentence.

The lawyer secured a confrontation between his client and the witness, and the confrontation showed that there was no sale. It was kept for own use.

But the work didn't end there. The lawyer did not allow the witness to come to the interrogations alone. The lawyer accompanied the witness at every interrogation. Due to this, the investigator was unable to “extract” the necessary testimony from the witness.

As a result of all these actions, the investigator had to change the article - now the prosecution was under the "soft" article 228. It was already a victory. And a complete victory occurred in court, when the verdict was announced - 3 years and 9 months probation. Instead of 20 years in a colony - 3 years and 9 probation.

And how many “throws” there are! How many “own” drug sellers who at the right time “surrender” to the investigator a drug addict who has just bought a “dose” - after all, the investigator needs to make statistics. How many cases when a small dose is found, but they are allowed to sign a protocol, where a large or extra large size is indicated. A person signs without looking, and then you can’t prove that the numbers in the protocol are incorrect. Such a protocol is a direct ticket to the colony for a long time.

It is important to know: the sooner the criminal lawyer gives in to the case, the more likely it is that the court decision will be soft. The reason is simple: the lawyer will have time to influence the course of the investigation, "will knock out part of the weapon from the hands of the investigator."

Why do you need a lawyer

The “soft” part 1 of article 228 of the Criminal Code of the Russian Federation from the “heavy” part 2 of the same article can be separated not even by grams, but by hundredths of a gram. And if the expert is a departmental one, then won't he meet the investigator halfway, won't he write what the investigator wants to see? Yes, there are principal experts. But is it worth relying on conscience and risking years of life in a colony?

The investigator is obliged to notify the suspect of the appointment of an examination. But investigators often do not do this, and the suspect learns that, it turns out, there was an examination only when its results appear. This is a clear violation of the Code of Criminal Procedure of the Russian Federation, but the investigator gets away with it if the criminal lawyer does not participate in the case.

And of course - a measure of restraint. Under "narcotic articles" detention is given very often, even if there are no grounds for this. With an experienced lawyer, you can achieve a relaxation of this measure, at least up to house arrest. Or, in general, to demand a written undertaking not to leave - the mildest of all preventive measures.

These are just a few of the possible violations. And there are dozens of them. If you allow the investigator to conduct the case as he wants, then the court will not be able to "steer" the case in his favor.

Services of our lawyers

free legal advice under Article 228 of the Criminal Code of the Russian Federation;
study of the case materials, search for "hooks", options for how to improve the position of the client;
search for grounds for mitigation or cancellation of the measure of restraint;
collection of evidence that refutes the position of the investigator, proving the innocence of the client;
work with witnesses;
participation in procedural actions: interrogations, confrontations, searches, seizures, presentations for identification and others;
constant monitoring of the case in order to prevent the substitution of protocols, decisions, examination results (a fairly common practice);

Without a criminal lawyer, the investigator has all the cards in his hands. Anyone who has not worked in the field of legal defense will not be able to oppose anything to the investigator - he already has a ready answer to any objection.

Yes, there are judges who sympathize with drug addicts and try to give a shorter sentence. But for a judge to be able to do so, at least some legal arguments are needed. To collect and issue them, an experienced lawyer is required.

The majority of judges almost “automatically” take over the position of the investigator and the prosecutor and give the term that the prosecutor demands. To change the course of the case under Article 228 of the Criminal Code of the Russian Federation, serious lawyer work is needed.

Come for a consultation. It is completely free and does not obligate you to anything. No one can force you to use the paid services of our company if you do not want to.

It is normal if you are at a loss and do not navigate the criminal case. For this, there are lawyers - people who will tell you what and how, predict how the case will move forward.

Do not despair - come, we will help you.

Art. 228 of the Criminal Code of the Russian Federation refers to the provisions that apply when committing acts against citizens, their health and moral education. It regulates the work with drugs and determines the punishment for non-compliance with established standards. Recently, some changes and amendments have been made to it, and criminal liability for the illegal distribution of narcotic drugs has become even stricter. In addition to criminal liability, there is also administrative liability.

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, a criminal punishment is applied from the age of 14.

Art. 228 of the Criminal Code of the Russian Federation, as amended: consider how the terms of punishment have changed.

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

To make it easier to read the text of the article of the law and navigate it, its content should be structured. Thus, the Criminal Code of the Russian Federation contains Article 228, which consists of the following:

Article 228 part 1 - a significant amount. Illegal activities in relation to narcotic substances and intoxicants are listed, followed by measures and degrees of responsibility.
Article 228 part 2 of the Criminal Code of the Russian Federation - a large amount. Punishment is provided for illegal acts prescribed in Part 1. The size is rated as large.
Article 228 part 3 of the Criminal Code of the Russian Federation - an especially large amount. Punishment in relation to crimes, which are indicated in Part 1, committed by persons in sufficiently large volumes.
Notes (3 points).

Criminal punishment for drug trafficking

Subjects who have reached the age of 16 and have committed crimes in the field of:

illegal acquisition, as well as transportation, manufacture, storage and processing of narcotic substances without the purpose of sale;
violations of the rules for the circulation of narcotic drugs;
illegal sale, manufacture and shipment;
inclination to the use of narcotic drugs and their illegal production;
smuggling and illegal issuance of prescriptions or their forgeries.

Persons from the age of fourteen involved in the theft of drugs or their extortion are brought to criminal responsibility.

Criminal punishment for drug trafficking is established by 9 articles of the Criminal Code of the Russian Federation, specified in Ch. 25 - on crimes against public morality and public health. The legislator provides for different types of liability - from paying a fine and a prison term to life imprisonment. The final punishment for an act in the field of drug trafficking is established by the court.

Article 228 of the Criminal Code of the Russian Federation: changes in the terms of punishment in 2018

The terms of punishment under Art. 228 of the Criminal Code of the Russian Federation is divided into three main points according to the severity of the offense, and only the judge determines which of them will be used in each specific situation.

If any actions with drugs of synthetic and vegetable origin are detected, the accused faces a fine of up to 40 thousand rubles. The maximum penalty is imprisonment for up to 3 years.
In a situation where a drug deal is recognized as a major one, the penalties are tougher. The culprit will be deprived of liberty for a period of 3 to 10 years and will be fined up to 500 thousand rubles.
For a particularly large deal with narcotic substances, they are punished with a fine of up to half a million rubles and a prison term of up to 10-15 years.

Important! In addition to the size of the transaction, Art. 228 part 1 of the Criminal Code of the Russian Federation takes into account other nuances in determining the term, which affect the severity of the punishment.

Amendments and changes under Art. 228.1 of the Criminal Code of the Russian Federation in 2018

Article 228.1 part 1 of the Criminal Code of the Russian Federation

Ch.1 1 Art. 228.11 of the Criminal Code of the Russian Federation provides for punishment in the form of a prison term (4-8 years) with restriction of freedom for up to 11 years or without it.

Article 228.1 part 2 of the Criminal Code of the Russian Federation

According to part 2 of Art. 228.1 of the Criminal Code of the Russian Federation provides for imprisonment for a term of 5 to 12 years with the imposition of penalties up to 500 thousand rubles.

Article 228.1 part 3 of the Criminal Code of the Russian Federation

The crimes provided for by parts 1 and 2 of Art. 228.1 of the Criminal Code of the Russian Federation, committed by a group of persons by prior agreement and / or in a significant amount (part 3 of article 1 228.11 of the Criminal Code of the Russian Federation), is punishable by conviction for a term of 8 to 15 years with a fine of up to 500 thousand rubles.

Article 228.1 part 4 of the Criminal Code of the Russian Federation

According to Part 4 of Art. 228.1 of the Criminal Code of the Russian Federation provides for imprisonment for a term of 10 to 20 years with a fine of up to 1 million rubles.

Article 228.1 of the Criminal Code of the Russian Federation part 5

The acts provided for by all the above parts of Art. 228.1 of the Criminal Code of the Russian Federation, committed on an especially large scale (part 51 of article 228.11 of the Criminal Code of the Russian Federation), are punishable by imprisonment from 15 to 20 years with fines of up to 1 million rubles. or life imprisonment.

Important! For Art. 228 and 228.1 are characterized by general principles on the limitation period. In the first situation, the statute of limitations is 6 years, in the second - 10 years from the date of the act. If the subject who committed it is hiding from the trial, the statute of limitations under Art. 228 is suspended and resumed again from the time of his detention or surrender.

Amendments and changes in 2018: Art. 228 of the Criminal Code of the Russian Federation, parts 2-4

Art. 228 of the Criminal Code of the Russian Federation (part 2) concerns subjects who, according to their official position, must strictly comply with the requirements for the storage and transportation of preparations made from narcotic substances. If the rules are violated, the perpetrator will face a fine or community service. At the same time, the offender is forever deprived of the right to occupy certain positions.

If, due to improper storage of narcotic drugs, harm was caused to one or several subjects, or harm was caused intentionally, a punishment in the form of a prison term is provided.

According to part 3 of Art. 228 of the Criminal Code of the Russian Federation, a person who illegally acquired drug precursors or violated the rules for storing and transporting these substances can be punished with corrective labor. If the act was committed on an especially large scale, imprisonment or large fines are threatened.

Part 4 provides for acts committed on a large scale (a prison term with the payment of a large fine). Punishment for actions committed by a group of persons or by one subject who used his official position is determined in the same part.

Administrative punishment

Administrative liability is possible with proven regular use of narcotic drugs and / or psychotropic drugs without a doctor's prescription. However, in this situation, the above Art. 2281 part 1 of the Criminal Code of the Russian Federation, given that the offender is acquiring, as well as transporting and storing drugs.

According to Art. 228 of the Criminal Code of the Russian Federation, punishment is possible both for the purchase of drugs for a fee (for money or services), and for receiving drugs for free. An exception is their purchase only on the prescription of a doctor, which must be confirmed by a prescription, medical history and other medical documentation.

Important! Illegal possession may imply the possession of drugs in a certain amount, therefore, even personal use, and even more so the production of drugs, can be attributed to the 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.

How to get the minimum penalty under Art. 228 of the Criminal Code of the Russian Federation

The legislation of the Russian Federation provides for the possibility of receiving a minimum punishment for almost any act provided for by the norms of the Criminal Code of the Russian Federation. Crimes in the field of trafficking in narcotic and psychotropic substances are no exception.

The court determines the minimum punishment not only by the provisions of the Criminal Code of the Russian Federation, which directly qualify this type of act, but also by other norms of this legislative act that affect the decision of the judge.

May apply:

Art. 61 of the Criminal Code of the Russian Federation - mitigating circumstances of the crime;
62 of the Criminal Code - in the presence of mitigating circumstances, a punishment is imposed;
64 of the Criminal Code - the appointment of a more lenient punishment than established by law for a crime.

Parole (parole) upon appointment of a term

Persons convicted of drug dealing are eligible for parole. Parole under Art. 228 of the Criminal Code is used with an appropriate attitude to work or training during the period of imprisonment. Willingness to compensate for the damage caused is also a mitigating circumstance.

The convict is obliged to serve at least ¾ of the term of punishment determined by the court, only then can he apply for a petition for parole. They will be considered if the convict has not committed offenses over the past three years.

Summary

When determining the punishment for a single act, it is impossible to predict the outcome of the case in advance, even guided by the practice of litigation in a particular region. The term for each crime is determined taking into account the personality of the accused, the different circumstances of the commission of the crime, as well as the behavior of the perpetrator during the investigation, etc.

The drug lawyer will take into account all the subtleties of the case, achieve the best conditions during the investigation, since he has access to the case documents. At the same time, you need to hire a specialist as early as possible.

Get the most detailed advice on the issue of the terms of punishment under Art. 228 of the Criminal Code of the Russian Federation, you can contact the website for advice, use the online chat in the lower right corner or call the phone number indicated on the website.

In our country, under the control of the state are those areas of activity that directly affect the health of citizens individually and the life of society as a whole. In order to prevent the uncontrolled circulation of narcotic drugs on the territory of Russia, in January 1998, Federal Law No. 3-FZ “On Narcotic Drugs and Psychotropic Substances” was adopted ( Further- Law No. 3-FZ). According to this normative act, the free circulation of narcotic and psychotropic substances is prohibited in the country. Even a minor violation of the law in this area entails liability under Article 228 Part 1 of the Criminal Code of the Russian Federation.

What does Article 228 of the Criminal Code of the Russian Federation say?

This article establishes a measure of responsibility for the illegal circulation of drugs and psychotropics. It is divided into 3 parts, each of which indicates responsibility for the illegal circulation of a certain amount of narcotic drugs: significant (part 1 of article 228 of the Criminal Code of the Russian Federation), large and especially large (parts 2 and 3). The maximum weight that falls under one or another definition is indicated in Decree of the Government of the Russian Federation No. 1002 dated October 01, 2012 “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances ...” ( Further- Decree No. 1002).

The sizes are set based on the category to which the prohibited substance belongs. An example is the maximum weight of the most common psychotropics and drugs. So, for marijuana, 6 grams are a significant size, and for heroin, which is stronger and more dangerous in its effects, it is only 0.5 grams.

If the accused person is found to have not the drug itself, but its substitute, the weight of this substance is taken into account, which is equated to the volume of a similar psychotropic drug.

What is the penalty under Art. 228 hours 1

The peculiarity of this article is that it considers crimes not related to the sale of prohibited substances, but only to their acquisition, personal storage, processing, manufacture and transportation. This article of the Criminal Code lists such acts related not only to drugs, but also to their analogues and plants, which contain illegal chemical compounds. A detailed list of prohibited substances and plants containing them is given in Decree No. 1002, where the scientific names of such compounds are given. They are divided into two large groups:

drugs. According to Law No. 3-FZ, substances that can be obtained as a result of chemical reactions (synthetic) or grow in the natural environment (natural) are considered as such. They are obtained specifically for the purpose of influencing the human nervous system;
psychotropics. The definition is the same as for drugs, only these compounds were originally created for medicinal purposes. Some of them are still used by doctors, for others they have found a more successful replacement that is not addictive for patients.

The list of drugs under consideration is exhaustive. If it does not contain any substance or plant, then their circulation is not controlled by the state. When new drugs or psychotropics appear, the list is supplemented.

Explanation of certain concepts of Art. 228 part 1 of the Criminal Code of the Russian Federation

The Criminal Code gives the names of actions for which citizens are responsible and the penalties for them. The provisions of the regulatory act do not contain precise definitions of these concepts, which is why the decisions of courts located in different regions of the country may differ; even though the offense is the same. In order to eliminate the inconsistency of judicial conclusions, in 2006 the plenum of the Supreme Court of the Russian Federation approved Resolution No. 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances”, which contains a decoding of the concepts of Art. 228 of the Criminal Code of the Russian Federation part 1:

acquisition - this refers not only to the purchase of a prohibited drug, but also to receive it in the form of payment for the work performed; an accidental find if it is not immediately handed over to the authorities; debt repayment; collection of plants containing prohibited substances, including wild ones;
storage - if a drug is found in the accused, then this fact is automatically recognized as storage. The court does not take into account how long the drug was in the possession of a particular person;
transportation - such is the conscious movement of a substance using any transport and over any distance. It happened on the territory of one region or several, it does not matter;
manufacturing, specified in article 228 of the Criminal Code of the Russian Federation, part 1. Obtaining a drug from other not prohibited substances by mixing them and conducting chemical reactions. This also includes special treatment of plants that are not on the list of state-controlled plants;
processing - the process of cleaning a psychotropic composition from unwanted impurities. If this does not change the chemical composition of the compound, then such an action is not considered processing.

A detailed explanation by the Supreme Court of the basic concepts of the Criminal Code related to the circulation of psychotropics does not guarantee their correct application by the courts. When arresting, it is necessary to carefully consider the records in the protocols, on the basis of which the act will be qualified.

What is the punishment under article 228 part 1 of the Criminal Code of the Russian Federation in 2017

The crimes considered in this article are of low severity. For this reason, the punishments for them are not as severe as for the actions indicated in parts 2 and 3 of the same article. The accused may be assigned:

penalties in the amount not exceeding 40 thousand rubles or the offender's income for 3 months;
mandatory work within 480 hours;
correctional labor for a period of time not exceeding 2 years;
restriction of liberty or imprisonment for 3 years.

When determining the amount of punishment under Art. 228 part 1 of the Criminal Code of the Russian Federation, aggravating circumstances can complicate the situation. Their list is contained in Art. 63 of the Criminal Code. When considering drug cases, the following are most often taken into account:

whether the perpetrator has previously been charged with similar crimes;
participation in illegal actions of other persons forming the group;
involvement in criminal activities of minors, as well as persons who are in a high degree of intoxication or have a mental illness that does not allow them to make adequate decisions.

If the detainee attempts to shift his guilt to other persons, he may be charged with a group crime if the participation of these people in illegal actions is proven.

Is it possible to get a suspended sentence under article 228 part 1 of the Criminal Code of the Russian Federation

Since the crimes described in this article relate to actions of minor gravity, it is possible to achieve the maximum reduction in the size of the punishment. In Art. 61 of the Criminal Code contains a list of reasons that are extenuating circumstances. Two of them apply in drug cases:

the presence of minor children dependent on the accused;
his cooperation with law enforcement agencies in the course of solving a crime or a confession, involving the voluntary surrender of prohibited substances.

In the presence of these circumstances or their combination, the court may decide to significantly reduce the amount of punishment under Art. 228 h. 1. According to the provisions of Art. 62 of the Criminal Code of the Russian Federation, a real term can be replaced by a suspended one if there are appropriate reasons in the case or an agreement on cooperation with state bodies has been concluded before the trial.

Practice shows that government officials are reluctant to reduce the sentence. That is why you may need the help of a professional lawyer who has extensive experience in such cases. We recommend not to let the question take its course, but to contact the specialists of the Pravoved.RU website. They will thoroughly understand the situation and suggest the most appropriate ways to solve it.