Part 2 art. 228 of the Criminal Code of the Russian Federation, can they give a sentence of up to 3 years, or only from 3? Plus 2 months of unserved sentence.

Confession under pressure and arrest

I spent the night in a detention cell, and in the morning I was taken to the department. They said admit that you sold it and you will go home, but before that, go to the investigator, and they will let you go. Some threatened that they would put me in prison for a long time, others offered to help and in their own way persuaded me to do as asked, someone brought instant noodles and samsa, ate it, and gave me the remaining tincture. We rehearsed for a long time what to say on camera.

When everything was ready, they took him to the investigator, late in the evening. The investigator sent POC officers to conduct a search of the defendant’s home. We found several more packages and scales. The turn came, the investigator on duty led me into the office, drew up a report, briefly repeated everything as the drug control officers taught, the report was large, everything was rewritten as in the explanation that the operatives had drawn up back in the department. For some reason there was no lawyer, but it didn’t matter, because they promised that they would let me go. They drew up a detention report, took me for examination to a doctor, and then with a certificate to the isolation ward.

In the morning they took me to the investigation room, bars, everything was gloomy. The investigator was with the lawyer, turning to the lawyer she said that the client had confessed to everything, all that remained was to sign. On the same day there was a trial, he was arrested for 2 months, somewhere he deeply assumed that this would happen, but he hoped that they would release him - after all, they promised. I realized that I wouldn’t be home soon.

Active protection

The investigation based its indictment on the following facts:

  • Primary indications with marketing recognition;
  • A significant amount of seized substances - a total of 11 packaged packages with a total weight of about 10 grams;
  • The defendant had drugs at his home and during his arrest several more packages were found in his possession;
  • Scales with residual traces of drugs found during the search;
  • The presence of correspondence on the phone regarding the purchase and sale of nuts; the nuts were interpreted by the investigation as drugs;

During the long preliminary investigation, all these facts were either shattered or seriously questioned.

The primary testimony was explained by putting pressure on the defendant, his state of intoxication and the use of alcohol by police officers to put the defendant into an appropriate state. In addition, as research and examination showed, 10 seized packages during the arrest and search of the apartment contained a mixture of amphetamine and mephedrone, and only one, which was planted by the police, differed in composition from the rest and contained pure amphetamine.

The mere presence of drugs in significant quantities does not indicate sale. The drugs seized from the defendant would have been enough for two weeks of active use, and the defendant himself used drugs, suffered from addiction and acquired them specifically for personal use, about which detailed testimony was given. In addition, an examination carried out at the request of the defense showed that the defendant had a drug addiction. This fact was also indicated by the drug paraphernalia seized after the arrest and search of the apartment.

Since the defendant was a drug addict, some time before his arrest, when his drug use got out of control, he suffered an overdose, which led to hospitalization at the Institute. Sklifosovsky. Then he was saved. After this incident, he could not stop using drugs due to his illness, and in order to somehow control his use, he purchased electronic scales to weigh out the dose in order to prevent an overdose. At the request of the defense, the medical institution requested medical documents about the defendant’s hospitalization with an overdose. This explained the purpose of using the discovered scales.

The defense has repeatedly filed motions to identify and interrogate the subscriber with whom there was correspondence regarding nuts, which was accepted by the investigation as a discussion of drug sales. The subscriber’s number was known, the defendant, during his interrogation, reported his name, explained that the correspondence was about business, the supply of nuts to the Moscow region was actually discussed between them, and the subscriber could confirm this. But, for some reason, the file contained a certificate from PSC employees stating that it was impossible to establish the identity of the subscriber and interrogate him.

What can a lawyer do for his client?

Relatives of the accused often try to defend him on their own, collecting numerous certificates and characteristics in the hope that they will be taken into account when sentencing. However, they are not enough to prove to the court the possibility of reforming the criminal without real punishment.

A lawyer evaluates the chances of a convicted person receiving a suspended sentence for drugs based on experience and practice, and in each specific case chooses the most promising ways to achieve the desired result. Most often, judges are cooperative in the presence of the following mitigating circumstances:

  • the crime was committed for the first time, there is no criminal record;
  • admission of guilt, sincere repentance;
  • positive characteristics;
  • youth or, on the contrary, old age;
  • presence of children and other dependents.

In themselves, these circumstances do not play a key role in making a decision, just like the personality of the convicted person. Sometimes the court comes to the conclusion that even all of them taken together do not guarantee that he is able to reform while free. It is necessary to prove the insignificant social danger of the crime and the inappropriateness of keeping the convicted person in a colony. In my archive you can find various examples of drug cases (assignment of a lenient sentence, refusal to arrest for drugs, dismissal of a criminal case).

If you want to get a suspended sentence for drugs for yourself, your child or your spouse or are counting on its deferment for the purpose of treatment, you can always get help at the address: Nevsky Prospekt, 153. Lawyer Botsman Andrei Nikolaevich effectively defends such cases, which contributes to many years of experience in the Internal Affairs Directorate, OBEP and the Main Department of Justice of St. Petersburg.

Drug arrest

The arrest happened unexpectedly, there were only a few steps to go to the house, they twisted his arms, threw something into the inner pocket of his jacket - why, apparently they didn’t know that he was returning from Moscow from a friend, from whom he had purchased six packages of a mixture of mephedrone and amphetamine, which he was carrying in a backpack. They took me to the department to inspect.

During the search, they found a package thrown into his jacket pocket and 6 more in a backpack that he bought in Moscow. To relieve stress, they gave me a strong tincture to drink, which I bought at Pyaterochka before the arrest. They said I had to confess everything, otherwise I would go to jail. Something to confess - like something that was kept for sale.

For the client, everything was in a fog; he had never been detained by the police before, he was nervous, and did not understand how to behave.


( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]