How to protect yourself and your loved ones when charged under Art. 228 and 228.1 of the Criminal Code of the Russian Federation

What is Article 228 of the Criminal Code of the Russian Federation about?

Article 228

provides punishment for the illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as plants or their parts containing these substances (hereinafter referred to as narcotic drugs).

Article 228.1

(she was charged with Ivan Golunov) - for the production, sale or transfer of narcotic drugs.

Article 228.2

— for violating the rules of drug trafficking.

Article 228.3 and 228.4

- for the illegal acquisition, storage, transportation, production, sale or transfer of drug precursors (that is, substances used to manufacture drugs).

In addition to Article 228 with all its parts, penalties related to drug trafficking are contained in Articles 229–233 of the Criminal Code.

The Code of Administrative Offenses also provides for administrative penalties for drug-related crimes. In particular, illicit trafficking in narcotic and psychotropic substances (Article 6.8 of the Administrative Code), propaganda of narcotic drugs (6.13), consumption in public places (20.20).

What is important to know:

What are Articles 228 and 228.1 of the Criminal Code of the Russian Federation about?

• Article 228 of the Criminal Code of the Russian Federation provides for liability for the illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues in a significant amount, as well as the illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances substances or parts thereof containing narcotic drugs or psychotropic substances.
• Article 228.1 of the Criminal Code of the Russian Federation provides for liability for the illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as the illegal sale or transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances.

What is the punishment?

The maximum penalty provided for in Article 228 of the Criminal Code of the Russian Federation is 15 years in prison.
The maximum punishment provided for in Article 228.1 of the Criminal Code of the Russian Federation is life imprisonment. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40

What are your rights when arrested?

• you have the right to one telephone conversation in order to notify your close relatives or close persons about the detention and location no later than 3 hours from the moment of detention (Article 96 of the Code of Criminal Procedure of the Russian Federation);
• you have the right to silence, including the right not to testify against yourself and your family (Article 51 of the Constitution of the Russian Federation);
• you have the right to receive the assistance of a lawyer from the moment of detention and to refuse to give explanations and testimony without the presence of a lawyer (Article 16 of the Code of Criminal Procedure of the Russian Federation);
• you have the right to submit statements, complaints, petitions, including appealing the actions or inactions of police officers to a higher authority or a higher official, to the prosecutor's office or in court (Articles 120-124 of the Code of Criminal Procedure of the Russian Federation);
• you have the right to the services of an interpreter (Article 59 of the Code of Criminal Procedure of the Russian Federation);
• you have the right to familiarize yourself with all documents drawn up and record your objections in them;
• If during the detention process physical force was used against you (for example, beatings), and you believe that this caused harm to your health, you can demand that an ambulance doctor be called to the premises of the internal affairs bodies. If you have left the premises of the police department, you also have the right to immediately contact a specialist in order to examine and record the injuries you have received (this can be either an ambulance doctor or a doctor at any emergency room).

Typical mistakes during arrest

• by not requesting that a detention report be drawn up against you when you are actually detained, you contribute to illegal detention without legal grounds;
• not realizing the seriousness, as well as the consequences of the moment of your detention or the detention of your loved ones, you are wasting time to carry out effective protection;
• without requiring, upon arrest, to invite a defender (lawyer) and notify relatives, you are left alone with the current situation and the fact that there is nowhere to wait for help;
• When giving initial explanations or testimony that has not been agreed upon with the defense attorney, remember: they may subsequently form the basis of the accusation;
• By signing documents without reading them, you yourself are helping to collect evidence against yourself;
• By agreeing to any proposals from operatives and investigators, you are working in the interests of the prosecution, but not your own!

Contact a lawyer immediately as soon as you become aware of an unpleasant event or the opportunity arises. Timely seeking help from a professional is the key to successful defense!

Assistance of a lawyer under Art. 228 and 228.1 of the Criminal Code of the Russian Federation:

• Drug lawyers, drug defense
• Help from a criminal lawyer

• Lawyer under Art. 228 of the Criminal Code of the Russian Federation Possession and acquisition of drugs
• Lawyer under Art. 228.1 of the Criminal Code of the Russian Federation Sales and production of drugs

What punishment does violators face?

For the acquisition, storage, production of narcotic drugs without the purpose of sale (Article 228)

punishment is provided (depending on the size of the seized substances):

*in this case, imprisonment is not mandatory, but only one of the possible punishments

For illegal production and sale of drugs (Article 228.1)

The Criminal Code of the Russian Federation provides for imprisonment for up to 20 years, in exceptional cases up to life imprisonment.

Additionally, it is possible to impose a fine of up to 1 million rubles, restriction of freedom, deprivation of the right to hold certain positions or engage in certain activities.

The Criminal Code provides for exemption from criminal liability for the illegal acquisition, storage, transportation, manufacture and processing of drugs or precursors for persons who voluntarily surrendered these substances and actively contributed to the disclosure or suppression of crimes related to drug trafficking, the exposure of those who committed them, and the detection property obtained by criminal means. Illegal production and sale of narcotic substances or precursors (Articles 228.1 and 228.4) do not provide for exemption from liability.

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 is the size of drugs determined?

Significant, large and especially large sizes of narcotic substances and plants containing narcotic substances are approved by government decree No. 1002 of October 1, 2012.

For example, N-methylephedron and its derivatives, the sale of which Ivan Golunov was accused of selling, in large quantities corresponds to more than 1 g of the substance.

Determining the size of illegal drugs in criminal prosecution

(grams over)

According to a study by the Institute for Law Enforcement Problems, “Map of Drug Crimes in the Russian Federation,” as of 2014, the most frequently seized drugs by law enforcement are cannabinoids, heroin and amphetamines.

You can view the map here.

Commentary to Art. 228 Criminal Code

1. The procedure for the legal circulation of narcotic drugs, psychotropic substances and their precursors on the territory of Russia is regulated by legislation, international treaties, in particular the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, the UN Convention against Illicit Traffic in Narcotic Drugs and psychotropic substances 1988

2. According to Article 228 of the Criminal Code of the Russian Federation, the subject of the crime is narcotic drugs, psychotropic substances and their analogues, as well as plants containing narcotic drugs or psychotropic substances, or parts of such plants. These concepts are disclosed in Art. 1 of the Federal Law of January 8, 1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances”. The complete List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation is contained in Decree of the Government of the Russian Federation of June 30, 1998 N 681 “On approval of the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation”; The list of relevant plants is given in Decree of the Government of the Russian Federation of November 27, 2010 N 934 “On approval of the List of plants containing narcotic drugs or psychotropic substances or their precursors and subject to control in the Russian Federation, large and especially large-scale cultivation of plants containing narcotic drugs or psychotropic substances or their precursors, for the purposes of Article 231 of the Criminal Code of the Russian Federation, as well as on the amendment and invalidation of certain acts of the Government of the Russian Federation on the issue of trafficking in plants containing narcotic drugs or psychotropic substances or their precursors.”

3. The objective side involves the commission of any of the actions listed in Part 1 (see Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 N 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and toxic substances "). In relation to narcotic drugs, psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or parts of such plants, significant, large and especially large sizes are approved by Decree of the Government of the Russian Federation of October 1, 2012 N 1002 “On approval of significant, large and especially large large sizes of narcotic drugs and psychotropic substances, as well as significant, 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 Russian Federation". Significant, large and especially large sizes of analogues of narcotic drugs and psychotropic substances correspond to significant, large and especially large sizes of narcotic drugs and psychotropic substances of which they are analogues.

4. The crime is considered completed from the moment of committing one of the actions listed in the article.

5. The subjective side is characterized by direct intent. Responsibility under the commented article 228 of the Criminal Code of Russia occurs if the subject of the crime does not have a sales goal.

What do judicial statistics say?

According to the Judicial Department of the Supreme Court of the Russian Federation, every seventh sentence in the Russian Federation is passed under Article 228

. Thus, in 2022, 658.3 thousand people were convicted under all elements of the Criminal Code of the Russian Federation, of which Article 228 with all its parts accounted for 13.4% of all sentences. For comparison: a year earlier the share was 14.3% (total number of convicts - 697 thousand), in 2014 - 15.2% (out of 719.3 thousand). If we take all drug-related charges, then a quarter of all prisoners are imprisoned under them.

The most widespread is Article 228 (acquisition and possession without the purpose of distribution), which in 2022 accounted for 79% of all sentences (69.6 thousand). Drug sales (228.1) account for 21% of convictions.

The majority of those convicted are young people (age group from 18 to 29 years).

The most common sentence for drug-related crimes is imprisonment for 3-5 years. At the same time, only 0.3% of criminal cases end in release from punishment.

.

Art. 72.1 of the Criminal Code of the Russian Federation gives the court the opportunity to oblige the convicted person to undergo drug addiction treatment (if the main punishment is not related to imprisonment). In Art. 82.1 provides for the opportunity for a person sentenced to a real term to voluntarily undergo treatment for drug addiction with a deferred sentence.

Can I give a suspended sentence or a fine under Part 3 of Art. 30 p. "g" part 4 of article 228.1 of the Criminal Code of the Russian Federation?

Can I give a suspended sentence or a fine under Part 3 of Art. 30 p. "g" part 4 of article 228.1 of the Criminal Code of the Russian Federation?

Lawyer Lebedev Z.S.

Good afternoon According to Part 4 of Article 228.1 of the Criminal Code, illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale - shall be punishable by imprisonment for a term of ten to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it. According to Part 3 of Article 30 of the Criminal Code, intentional actions (inaction) of a person directly aimed at committing a crime are recognized as an attempted crime, if the crime was not completed due to circumstances beyond the control of this person. According to Part 3 of Article 66 of the Criminal Code, the term or amount of punishment for an attempted crime cannot exceed three quarters of the maximum term or amount of the most severe type of punishment provided for by the corresponding article of the Special Part of this Code for the completed crime. According to Article 73 of the Criminal Code, 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 conditional. A suspended sentence is not assigned to: a) those convicted of crimes against the sexual integrity of minors under fourteen years of age; a.1) convicted for crimes provided for in parts one and two of Article 205.1, Article 205.2, part two of Article 205.4, parts one to three of Article 206, Article 360 ​​of this Code; b) when committing a serious or especially serious crime 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. 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. When assigning a suspended sentence, the court sets a probationary period during which the suspended sentenced 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. If a sentence is imposed in the form of detention in a disciplinary military unit, the conditional probationary period is established within the limits of the remaining period of military service on the day the verdict is announced. With a suspended sentence, additional types of punishment may also be imposed. The court, when assigning a suspended sentence, imposes on the suspended sentenced 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 government body that monitors the behavior of the suspended sentenced person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease, 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. 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. During the probationary period, the court, on the proposal of the body monitoring 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. According to Articles 61 and 62 of the Criminal Code, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case, specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. According to Articles 61, 62, 64 of the Criminal Code, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special parts of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case, specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. In the presence of exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during or after the commission of the crime, and other circumstances that significantly reduce the degree of public danger of the crime, as well as with the active assistance of a participant in a group crime in solving this crime, a punishment may be imposed below the lower limit provided for by the relevant article of the Special Part of this Code, or the court may impose a more lenient type of punishment than provided for by this article, or not apply an additional type of punishment provided for as mandatory. Both individual mitigating circumstances and a combination of such circumstances may be considered exceptional. Guilty of committing crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211, Article 361 of this Code, or guilty of committing crimes related to terrorist activities provided for in Articles 277 , 278, 279 and 360 of this Code, a punishment cannot be imposed below the lower limit provided for by these articles, or a more lenient type of punishment than that provided for in the relevant article cannot be imposed, or an additional type of punishment provided for as mandatory cannot be applied. Thus, assigning you a suspended sentence is possible if the mitigating circumstances are recognized by the court as exceptional, and you will be sentenced to imprisonment for a term less than the minimum provided for in Part 4 of Article 228.1 of the Criminal Code, that is, up to 8 years of imprisonment.

Sincerely, lawyer Zakhar Lebedev, partner of the law firm Antonov and Partners.

Still have questions for your lawyer? Ask them right now here, or call us by phone in Moscow +7 (499) 288-34-32 or in Samara +7 (846) 212-99-71 (24 hours a day), or come to our office for a consultation (by pre-registration)!

Features of law enforcement

The 2022 report by the Institute for Law Enforcement Problems, “Drug Crimes in Russia: Analysis of Judicial and Criminal Statistics,” notes that consumers in Russia are persecuted more often than distributors

. The authors identified “artificial distortion of the masses of seized drugs by law enforcement agencies.” “The quantities of marijuana and hashish most often seized from drug users are just sufficient to qualify the offense as a criminal offense, and these quantities do not significantly exceed the significant amount required to initiate a criminal case,” the report says.

Alexey Knorre, “Drug crimes in Russia: analysis of judicial and criminal statistics”

Alexey Knorre, “Drug crimes in Russia: analysis of judicial and criminal statistics”

Alexey Knorre, “Drug crimes in Russia: analysis of judicial and criminal statistics”

Researchers call a separate problem the fact that “law enforcement officers understand a drug not as a pure narcotic substance found in a mixture, but as the entire mixture.

A sociological view of drug crime statistics

According to Alexei Knorre, an expert at the Institute of Law Enforcement Problems of the European University, there are no official statistics on bringing law enforcement officers to justice for falsifying drug cases. However, content analysis of the media over the past 5 years has revealed approximately 500 cases in which a law enforcement officer was detained, arrested, or convicted of drug-related fraud.

READ / High-profile verdicts under Article 228 of the Criminal Code of the Russian Federation

November 23, 2010, during searches in the house of Taisiya Osipova,

found nine grams of heroin.
On December 29, 2011, the Zadneprovsky District Court of Smolensk sentenced her to 10 years in prison
(Part 3 of Article 228.1). On February 28, 2022, she was released on parole.

On January 29, 2013, Sergei Reznikov, a member of the territorial election commission of the Prospekt Vernadsky district from the Communist Party of the Russian Federation and a regular participant in protests, was detained in Moscow.

During the arrest, the police found several grams of cocaine on the communist, but he did not admit his guilt.
On March 6, 2022, the Nikulinsky District Court sentenced him to three years in prison
(Part 2 of Article 228). He was released on November 20, 2022 after the Ryazan Regional Court replaced the remaining sentence with a fine of 350 thousand rubles.

February 20, 2014 President of the “Assembly of Peoples of the Caucasus” Ruslan Kutaev

was taken into custody in the Chechen village of Gekhi on suspicion of illegal possession of three grams of heroin.
On July 7 of the same year, he was sentenced by the Urus-Martan City Court to four years in prison
(Part 2 of Article 228). He was released on December 20, 2017.

On April 15, 2016, journalist Zhalaudi Geriev was detained on the way to the Grozny airport.

He was accused of possessing and transporting 168 grams of marijuana.
On September 5 of the same year, the Shali City Court sentenced him to three years in prison
(Part 2 of Article 228). On April 30, 2022, he was released.

On January 9, 2022, in Chechnya, traffic police officers stopped the car of the head of the Grozny representative office of human rights activist Oyub Titiev.

A bag containing 180 grams of marijuana was found in his car.
The human rights activist himself did not admit his guilt, saying that the drugs were planted on him. On March 18, 2022, the Shali City Court of Chechnya sentenced him to four years in prison
(Part 2 of Article 228 of the Criminal Code of the Russian Federation). On June 10 of the same year he was released on parole.

What will I get under Article 228 Part 1, a fine or imprisonment, if I have no previous convictions?

Author: Anatoly Antonov, March 14, 2022 at 10:18 am According to Part 1 of Article 228 of the Criminal Code of the Russian Federation, illegal acquisition, storage, transportation, production, processing without the purpose of selling 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, in a significant amount - is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by correctional labor for a term of up to two years, or by restriction of liberty for a term of up to three years, or by imprisonment for the same term.
According to Article 15 of the Criminal Code of the Russian Federation, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment. Grave crimes are intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed fifteen years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Article 86 of the Criminal Code of the Russian Federation, a person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A criminal record in accordance with this Code is taken into account in case of recidivism of crimes, imposition of punishment and entails other legal consequences in cases and in the manner established by federal laws. A person released from punishment is considered to have no criminal record. A criminal record is expunged: a) in relation to persons on probation - upon expiration of the probationary period; b) in relation to persons sentenced to more lenient punishments than imprisonment - after one year after serving or executing the sentence; c) in relation to persons sentenced to imprisonment for crimes of minor or medium gravity - after three years after serving the sentence; d) in relation to persons sentenced to imprisonment for serious crimes - after eight years after serving the sentence; e) in relation to persons convicted of especially serious crimes - after ten years after serving the sentence. If the convicted person, in accordance with the procedure established by law, was released early from serving the sentence or the unserved part of the sentence was replaced by a more lenient punishment, then the period for expunging the criminal record is calculated based on the actually served term of the sentence from the moment of release from serving the main and additional types of punishment. If the convicted person behaved impeccably after serving his sentence and also compensated for the damage caused by the crime, then, at his request, the court may remove his criminal record before the expiration of the criminal record. Expungement or removal of a criminal record cancels all legal consequences provided for by this Code associated with a criminal record. According to Article 18 of the Criminal Code of the Russian Federation, recidivism of crimes is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime. Recidivism of crimes is considered dangerous: a) when a person commits a serious crime for which he is sentenced to actual imprisonment, if previously this person was sentenced to imprisonment two or more times for an intentional crime of moderate gravity; b) when a person commits a serious crime, if he was previously convicted of a serious or especially serious crime. Recidivism of crimes is recognized as especially dangerous: a) when a person commits a serious crime for which he is sentenced to actual imprisonment, if this person was previously convicted twice convicted of a serious crime to actual imprisonment; b) when a person commits a particularly serious crime, if he has previously been convicted of a serious crime twice or has previously been convicted of a particularly serious crime. When recognizing a recidivism of crimes, the following are not taken into account: a) convictions for intentional crimes of minor gravity; b) convictions for crimes committed by a person under the age of eighteen; c) convictions for crimes for which the conviction was deemed suspended or for which a deferment of execution of the sentence was granted, if the conditional conviction or deferment of execution of the sentence was not canceled and the person was not sent to serve the sentence in prison, as well as convictions expunged or expunged in accordance with the procedure, established by Article 86 of this Code. Recidivism of crimes entails a more severe punishment on the basis and within the limits provided for by this Code, as well as other consequences provided for by the legislation of the Russian Federation. According to Article 68 of the Criminal Code of the Russian Federation, when assigning punishment for a recidivism, dangerous recidivism or especially dangerous recidivism of crimes, the nature and degree of public danger of previously committed crimes, the circumstances due to which the corrective effect of the previous punishment turned out to be insufficient, as well as the nature and degree of public danger again crimes committed. The term of punishment for any type of recidivism of crimes cannot be less than one third of the maximum term of the most severe type of punishment provided for the crime committed, but within the sanction of the relevant article of the Special Part of this Code. In case of any type of recidivism of crimes, if the court establishes mitigating circumstances provided for in Article 61 of this Code, the term of punishment may be assigned less than one third of the maximum term of the most severe type of punishment provided for the crime committed, but within the sanction of the relevant article of the Special Part of this Code, and in the presence of exceptional circumstances provided for in Article 64 of this Code, a more lenient punishment than provided for this crime may be imposed. According to Articles 61, 62, 64 of the Criminal Code of the Russian Federation, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special parts of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. In the presence of exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during or after the commission of the crime, and other circumstances that significantly reduce the degree of public danger of the crime, as well as with the active assistance of a participant in a group crime in solving this crime, a punishment may be imposed below the lower limit provided for by the relevant article of the Special Part of this Code, or the court may impose a more lenient type of punishment than provided for by this article, or not apply an additional type of punishment provided for as mandatory. Both individual mitigating circumstances and a combination of such circumstances may be considered exceptional. Guilty of committing crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211, Article 361 of this Code, or guilty of committing crimes related to terrorist activities provided for in Articles 277 , 278, 279 and 360 of this Code, a punishment cannot be imposed below the lower limit provided for by these articles, or a more lenient type of punishment than that provided for in the relevant article cannot be imposed, or an additional type of punishment provided for as mandatory cannot be applied. According to Articles 73 and 74 of the Criminal Code of the Russian Federation, 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 sentence suspended. A suspended sentence is not assigned to: a) those convicted of crimes against the sexual integrity of minors under fourteen years of age; a.1) convicted for crimes provided for in parts one and two of Article 205.1, Article 205.2, part two of Article 205.4, parts one - three of Article 206, part four of Article 210, Articles 210.1 and 360 of this Code; b) when committing a serious or especially serious crime 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; c) in case of a dangerous or especially dangerous relapse. 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. Probation periods that have not expired on the day of entry into force of Federal Law No. 33-FZ of March 29, 2010 are calculated in the manner established by Article 73 of this Code (as amended by the said Federal Law). When assigning a suspended sentence, the court establishes a probationary period for 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. If a sentence is imposed in the form of detention in a disciplinary military unit, the conditional probationary period is established within the limits of the remaining period of military service on the day the verdict is announced. With a suspended sentence, additional types of punishment may also be imposed. The court, when assigning a suspended sentence, imposes on the suspended sentenced 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 government body that monitors the behavior of the suspended sentenced person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease, 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. 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. During the probationary period, the court, on the proposal of the body monitoring 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. If, before the expiration of the probationary period, the conditionally convicted person has proven his correction by his behavior, compensated for the damage (in whole or in part) caused by the crime in the amount determined by the court decision, the court, on the proposal of the body exercising control over the behavior of the conditionally convicted person, may decide to cancel the conditional sentence and on the removal of a convicted person's criminal record. In this case, the suspended sentence may be revoked after the expiration of at least half of the established probationary period. If a conditionally convicted person has evaded the fulfillment of the duties assigned to him by the court, has evaded compensation for damage (in whole or in part) caused by the crime in the amount determined by the court decision, or has committed a violation of public order for which he was brought to administrative responsibility, the court, upon presentation the body specified in part one of this article may extend the probationary period, but not more than by one year. If a conditionally convicted person, during an extended probation period in connection with his evasion of compensation for damage caused by a crime, in the amount determined by a court decision, systematically evades compensation for said damage, the court, upon the proposal of the body specified in part one of this article, may also make a decision on the revocation of a suspended sentence and the execution of a sentence imposed by a court verdict. If a conditionally convicted person, during the probationary period, systematically violated public order, for which he was brought to administrative responsibility, systematically failed to fulfill the duties assigned to him by the court, or escaped from control, the court, upon the proposal of the body specified in part one of this article, may make a decision to revoke the conditional sentence. conviction and execution of punishment imposed by a court verdict. If a conditionally convicted person commits a crime due to negligence or an intentional crime of minor or medium gravity during the probationary period, the issue of canceling or maintaining the conditional sentence is decided by the court. If a conditionally convicted person commits an intentional grave or especially grave crime during the probationary period, the court revokes the conditional sentence and imposes a punishment on him according to the rules provided for in Article 70 of this Code. According to the same rules, punishment is imposed in cases provided for in part four of this article. The rules established by parts four and five of this article also apply if the crimes specified in these parts were committed before the sentence providing for a suspended sentence came into force. In this case, trial of a new crime can take place only after the sentence providing for a suspended sentence has entered into legal force. Thus, the crime was committed in a state of relapse, so the punishment cannot be less than 1 year in prison. If there are mitigating circumstances, the court may not apply this rule. The suspended sentence may be extended. Answer

international experience

Penalties for drug crimes vary greatly. Particularly in Singapore

one of the strictest laws on the planet.
It is illegal to possess, consume, produce, trade, regardless of quantity. Punishments - up to the death penalty. On the other side of the world are Denmark and the Netherlands
, where drug use is not criminalized at all.

IN THE USA

drug crimes are regulated by federal and state laws. In most states, it is not the use of drugs that is a criminal offense, but the possession of drugs. Sentences with a prison term are threatened for possession in large quantities and sale. For fiscal year 2022, the majority (95.6%) of those convicted of drug trafficking received prison sentences, according to the U.S. Sentencing Commission. The average period is 70 months (about 6 years). The average age of the offender at sentencing is 36 years. The most common drugs in the United States are methamphetamine and cocaine. Today, 45% of prisoners in American prisons are serving sentences for drug-related crimes.

Marina Bocharova, Artem Kosenok, Mikhail Malaev, Olga Shkurenko