Organization of a den and its maintenance: under what article of the Criminal Code can drug addicts be attracted, how to find out a place for consuming drugs and protect yourself? Justice

Organization and content

Organizing a drug den is a set of actions to create a drug den:
- hiring, adapting and equipping suitable premises;
raising money for this;
search for necessary drugs, etc.

Moreover, such a criminal act is considered completed already at the moment of organization (that is, before the opening) of a drug den.

Contents of the stash is a set of measures to ensure the constant functioning of a drug den:
- security and repair of premises;
personal service for drug addict clients, etc.

As a result, maintaining a den of drug addicts means actual ownership of such premises.

The socially dangerous act in question is considered completed from the moment specific actions are taken to maintain or open a drug den.

For the maintenance and organization of one or more drug dens, appropriate criminal liability is provided for , provided for in Art. 232 of the Criminal Code of the Russian Federation. This article provides the qualifying signs of a crime and penalties for such illegal acts.

General provisions

The organization and maintenance of a brothel are criminal acts punishable under Art.
232 of the Criminal Code of the Russian Federation. The social danger of the act is expressed in the provision of the opportunity to use drugs and psychotropic substances en masse in specially created conditions. Find out what the article is for drug use at the link https://lexconsult.online/6377-privlechenie-k-otvetstvennosti-za-upotreblenie-narkosoderzhashhih-veshhestv. Please note: the full content of narcotic substances and their analogues, prohibited for use and subject to control, is determined by Decree of the Government of the Russian Federation No. 681.
Based on Resolution of the Plenum of the Russian Federation No. 14 of 2006, the object of a crime can be residential (apartment, separate room, etc.) or non-residential (garage, barn, etc.) premises. It is considered a den if it has been provided for drug use two or more times.

Composition of the crime and criminal legal characteristics

The social danger of a crime in the form of maintaining a den of drug addicts or organizing a new drug den is that in such a premises certain conditions are created for the use of psychoactive substances and drugs by a large number of people.

The object of the crime in such a situation is social relations to ensure the protection of public health. The objective side of such a criminal act is the maintenance of a drug den or the organization of a new drug den.

In the case of organizing a new den or maintaining a drug den, the subject of such a crime is considered to be a sane individual (or group of persons) aged 16 years or older.

The subjective side of such a crime lies in the presence of direct intent on the part of the offender , because when organizing or maintaining a drug den, the offender is aware that he is creating or maintaining a drug den, respectively.

How to identify a drug den?

Absolutely any premises can become a haven for drug addicts. For example, a garage, someone's dacha, a private house or a basement.

The height of bad luck for the residents of an apartment building is the appearance of a drug den, especially not to envy the residents of the entrance, and fate has been absolutely cruel to those who live on the same site. Such a neighborhood is not only unpleasant, but can also be quite dangerous.

It is not difficult to determine that this hotbed of drug addicts has appeared in your entrance. Here are some main signs:

more and more often in your entrance and next to it there are young people of extremely sloppy appearance;
frequent ambulance visits (due to overdose);
persistent odor of medications or acetone, iodine, gasoline, acetic acid, alcohol;
the appearance of used syringes near the house and in the entrance, all kinds of packaging of medical drugs, remains of poppy seeds and poppy straws, devices for smoking narcotic substances;
the typical owner of a drug den himself looks like a drug addict, does not work anywhere, has a suspicious appearance, and often smells of fumes.

From a legal point of view, a brothel can only be called a premises that was intentionally adapted for the manufacture and use of narcotic substances. If these actions are proven, the organizer will bear criminal liability.

Examples of possible adaptation of a premises to a drug den:

placement and installation in the premises of equipment for the production of narcotic substances;
installation of an air conditioner or ventilation system;
equipping the premises with video surveillance equipment.

Signs of drug intoxication in a person

The state of drug intoxication can be determined by the following signs (there is something in common with alcohol intoxication):

Movements are accelerated or distinctly slow, swaying from side to side, unsteady gait. Drug addicts often walk as if crouching and make unnecessary movements, such as rubbing their limbs, twitching them.
Facial expression is detached, may make grimaces, unreasonable laughter or sobs.
Conversation is difficult, a person may mumble, speak inarticulately, or vice versa - exaggeratedly fast.
The pupils are unnaturally dilated or constricted, there is no reaction to changes in lighting, the gaze is detached, the eyes are “glassy.”

If someone is sure that a drug den has been created in his house, then he is obliged to report this to the relevant authorities.

Video: Signs of drug intoxication (including “spice” and “salt”)

Qualifying signs and measures of liability in accordance with Article 232 of the Criminal Code

The organization and maintenance of drug dens are considered crimes of medium gravity, because the maximum criminal penalty for such criminal acts does not exceed 5 years of imprisonment (Part 3, Article 15 of the Criminal Code of the Russian Federation).

Such criminal acts committed by a group of persons by prior conspiracy or by an organized group are considered serious crimes (Part 4 of Article 15 of the Criminal Code of the Russian Federation), because the criminal punishment in this case does not exceed 10 years of imprisonment.

According to Art. 232 of the Criminal Code of the Russian Federation, the following criminal liability is provided for the maintenance and organization of a drug den:

opening a brothel or its maintenance by one individual - imprisonment for up to 4 years (with or without restriction of freedom for 1 year);
maintaining or opening a brothel by a group of persons by prior conspiracy - imprisonment for a term of 2 to 6 years (with or without restriction of freedom for 2 years);
maintaining or opening a drug den by an organized group - imprisonment for a term of 3 to 7 years (with or without restriction of freedom for 2 years).

However, not all perpetrators are brought to justice. Incapacitated citizens and persons under 16 years of age avoid such a fate.

Conditions for bringing to responsibility

Additionally

Most often, the organizer of a brothel not only provides his own living space, but also participates in other crimes. During the investigation and trial of the case, the defendant is usually, in addition to the article for maintaining a brothel, also held accountable under other articles for: cultivation of hemp, production of synthetic drug mixtures, distribution and (or) use of drugs (depending on the crime, they can be charged one by one or at once for all reasons).

Organizing a brothel under Article 232 of the Criminal Code of the Russian Federation entails criminal liability. Perpetrators who meet the following conditions are brought to justice:

Age limit. Involvement under this article is carried out when a person reaches the general age of criminal responsibility, i.e. from the age of 16.
The presence of guilt. One of the subjective characteristics of the object of a criminal act is guilt, expressed in the form of direct intent (i.e. the person knew about the consequences of his actions and wanted, strived for their occurrence).
Establishing the fact of criminal acts. They can be aimed at:
regular provision of premises for drug use (regular – more than 2 times).

The legislator notes that when bringing to justice and making a decision by the court, the purpose of committing the crime (selfish motives, desire to gain power, etc.) does not matter.

Exemption from criminal liability

If one of the crimes (organizing a new den or maintaining a drug den) is committed by only one person under 16 years of age, or an incompetent person, then such a guilty person is exempt from the corresponding criminal liability, but is subject to other less stringent measures of influence. So, part 2 of Art. 87 of the Criminal Code of the Russian Federation provides for the use of various types of compulsory criminal legal measures against juvenile offenders.

In addition, adolescents under the age of 16 can be sent to closed educational institutions, which are subordinate to the relevant educational authority.

In case of release from criminal liability, in accordance with Part 2 of Art. 90 of the Criminal Code of the Russian Federation, the following compulsory measures are applied to guilty persons under 16 years of age:

warning;
transfer under round-the-clock supervision of a specialized government agency or parents;
restriction of leisure time of a minor, etc.

Other coercive measures are also applied to juvenile offenders. So, according to Part 1 of Art. 99 of the Criminal Code of the Russian Federation, these include treatment and observation by a psychiatrist or treatment in a psychiatric hospital.

What to do if you suspect a drug house?

Apartments in which drugs are manufactured quickly attract new drug-addicted clients and become dens. And a drug den opened nearby poses a direct threat to the health and lives of nearby neighbors. How to determine that there is a den of drug addicts in the house and how to protect yourself from it is described in detail below.

How to determine the place for the consumption and manufacture of narcotic drugs?

Most drug dens are organized in the residential sector. To determine whether there is a drug den in a residential building, you need to pay attention to the following nuances:

The smell in the entrance. If the drug den is located in the entrance, then the pungent smell of acetone or vinegar will spread throughout it.
There are used syringes and glass bottles of medicine lying around the entrance.
A visit to a brothel apartment by a large number of drug addicts (young people or people who look 30-40 years old). Moreover, visitors can appear both at night and during the day. Clients of a drug den look accordingly - antisocial appearance, inappropriate behavior.

You should pay attention to how often the ambulance comes to the house. After all, in drug dens there are often cases of overdose of various drugs with or without fatal outcome.

Where and how to complain: step-by-step instructions

To protect yourself and your neighbors from a drug den in your home, you need to do the following:

Apply to the Federal Drug Control Service - this service is directly involved in drug control.
Talk to the local police officer. He must know who lives in the alleged drug den apartment. Also write a statement.
Regularly call the police when public order is violated.
Install CCTV cameras at the entrance. Continuous filming will serve as evidence when filing a complaint with the police or court.
Go to court with a claim to evict the neighbor who owns the brothel. However, if he is the owner of the only home, this method will not help.

To avoid publicity, you can contact the trust service. This is considered a non-governmental organization that takes upon itself the solution to the problem of drug dens (for example, the National Anti-Drug Union, Healthy Russia, etc.).

If you see that one of the clients or a neighbor of a drug den is feeling ill, you need to immediately call an ambulance. As a rule, if a drug addict overdoses, doctors report it to the police, and a police officer goes to the scene.

Organizing and maintaining a brothel is considered an illegal act, the commission of which is subject to appropriate criminal liability. If you discover a drug stash in your home, you must immediately report it to the local police officer or the trust service. As a last resort, you can go to court to evict the owner of a drug den.

What is a drug den?

A drug den combines the properties of a certain hobby group and a trading shop.

A drug den is a place that was specially equipped for the joint use of drugs and other psychotropic drugs.

It can be organized illegally both in an apartment in a multi-storey building, in a private house, and in other non-residential premises.

As a rule, apartments of drug addicts, abandoned buildings and unfinished premises are turned into such drug dens.

Horrifying statistics: in just the last 15 years, the number of people addicted to drugs has increased more than 10 times.

In most cases, a drug den is not supported by voluntary donations from its participants. Its owner receives income from it - visitors give him either money or the drugs themselves for entry.

In addition, the owner of a drug den can sell drugs right from his home; anyone can freely order them, as if they were a cup of tea.

However, it is worth recognizing that such widespread illegal distribution of drug dens has extremely negative consequences for the public and the country as a whole:

negative health effects of drugs;
the rapid increase in various crimes, corruption, and violence associated with drug use;
depletion of financial and human resources;
the destruction of previously strong families and even the death of people.

Of course, the elimination of drug dens can significantly help in the fight against drug trafficking, since they not only give a dose, but also in every possible way promote such a lifestyle to teenagers who have not yet established themselves.

However, practice shows that detecting drug dens and then completely closing their activities can sometimes be very difficult.