Drug smuggling of the Criminal Code of the Russian Federation: punishment under article

Smuggling of any prohibited drugs, analogues and precursors is subject to criminal penalties in accordance with the article of the Criminal Code. Such crimes against morality, well-being and human health do not establish lenient sanctions other than detention and actual imprisonment from 3 years to life.

What circumstances influence the term of punishment, where to go if accused of smuggling, what article is in force in 2022 and how is such an act classified? General questions are reflected in the article, and for a specific situation you can always get a detailed answer from an experienced lawyer from our company.

Article 229.1 of the Criminal Code of the Russian Federation

Crimes related to smuggling and illegal transportation of narcotic drugs are punishable in all countries. In Russia, liability comes under Art. 229.1 of the Criminal Code of the Russian Federation, taking into account aggravating and other circumstances, which affects the term of imprisonment and penalties.

Since 2016, all powers to control drugs in the country have been transferred to the Main Directorate under the Ministry of Internal Affairs. Additionally, customs authorities are involved in the investigation and testing of drugs, and employees of the FSB, the Ministry of Internal Affairs and other departments interested in the conflict take part in the investigation.

In 2022, according to Art. 229.1 of the Criminal Code of the Russian Federation establishes more stringent measures, which practically excludes an acquittal and leniency.

The maximum sentence is life imprisonment, and the minimum is 3 years without the possibility of being restricted outside prison.

Note!
For other crimes related to the sale, shipment, storage and transfer of drugs, a number of articles of the Criminal Code of the Russian Federation are provided for from 228 to 228.4.

Methodology for conducting investigative actions in drug cases

Most often, successfully solving a case involving smuggling is extremely difficult. And therefore, special requirements are put forward for specialists who will be engaged in this activity:

The investigator must not only understand specific types of drugs, but also be able to recognize them by taste, color, consistency and smell.
Information regarding the methods of drug production and the equipment used for production is important. This will help in the future not only to successfully find production laboratories, but also help to understand the psychology of attackers.
Employees need to have a good level of psychological stability and psychological skills. This will help them get the attacker to talk, regardless of his excuses, which will subsequently lead to unraveling the criminal network and capturing the leaders.

Drug Smuggling Investigation

Most often, the role of the executor is a drug courier, who is responsible for transporting dangerous/prohibited substances to the territory of the Russian Federation. If the main customer or sender of the shipment is identified with the help of the accused, then such circumstances will be taken into account when sentencing the case.

Drug smuggling is charged if there are several components:

signs - crossing the border of the Russian Federation with any batch of narcotic substances, including for personal use;
the amount of substances prohibited for import is established in accordance with the Russian Federation Regulations dated October 1, 2012 No. 1002, which affects the measure of restraint and punishment.

The objective side of the committed act under Art. 229.1 of the Criminal Code of the Russian Federation:

hidden/overt importation of narcotic substances through border control or unauthorized crossing points;
transportation of narcotic drugs above the permissible volume for treatment and other purposes;
resistance/violence against law enforcement officers, customs officers and border guards.

Note!
Deliberately allowing the movement of drugs across the border by officials under Art. 229.1 of the Criminal Code of the Russian Federation does not apply. The exception concerns only the established fact of use of official position.

The subjective side of smuggling is the direct intention of a citizen over the age of 14, whose sanity is confirmed in court or during investigative measures.

It should be understood that for drug smuggling you can get a short sentence - 3 years, and also be deprived of freedom for 20 years or for life. It all depends on the volume of imported products, for which there is an acceptable limit and excess. How is the composition of narcotic drugs and volume determined:

a seizure protocol is drawn up with an inventory of the external characteristics and approximate volume of drugs (at this stage it is recommended to invite a lawyer who will monitor compliance with the law and legal measures of employees);
on the basis of the examination decision, a study of substances is carried out and the exact composition and volume of prohibited components is established.

Also, during investigative measures, additional signs are taken into account - the number of participants in the criminal conspiracy, the size of the party, resistance, etc.

Methods for transporting smuggled cargo

Such a crime is committed the moment the smuggled cargo crosses the border. At the same time, it makes absolutely no difference how exactly the drugs were moved between different countries. The cargo can be carried in different bags, boxes, trunks and hiding places, and sometimes inside the human body. There are frequent cases of ingestion of drug packets, when the prohibited substance enters the stomach and is carried across the border.

In addition to the above, a common method of transporting drugs is through the mail. In this case, shipment is carried out through parcels and parcels with various permitted goods. The forbidden drug is often hidden under plant seeds and cigarettes.

The following main methods of transporting forbidden cargo can be distinguished:

Friendly cover.
Transportation of prohibited substances in rolls of plastic film.
Crossing in hollow suitcases, bags and other types of hand luggage.
Moving in pre-prepared caches of hand luggage.
Along with the transported items.
On the smuggler's body in pre-prepared belts and pockets sewn inside clothes and shoes.
In internal organs (swallowing).
In railway vehicles (in a train carriage, inside sleeping sets, etc.).
In vehicles (under car seats, interior trim, etc.).
On long-distance vessels (in hollow structures, fuel tanks, etc.).

One of the most famous cases was an incident in the Pskov region, when a large container with alfalfa seeds that were sent to the Netherlands was detained.

Employees of the Sebezh customs service noticed that the corrugation on the inside and outside of the container ribs did not match. When the walls were cleared, it turned out that they were double; between them, experts found more than 1,500 kg of hashish.

What is the prison sentence for drug smuggling in 2022?

The only punishment in this regard is imprisonment without probation or other leniency. The complexity and severity of the crime plays a big role in the sentence:

the crime was committed by one person or group of persons;
smuggling using official position;
the amount of narcotic substances seized at customs and other departments;
use of violence against control officers and law enforcement agencies.

What measures are provided in 2022 for the import of drugs under various circumstances? It all depends on the circumstances of the case, the legal assessment of the situation and the defense of the perpetrator. In any case, the assistance of an experienced lawyer will be required at all stages of the proceedings, starting from the moment of seizure of narcotic substances from the accused.

How much can they give?

It is almost impossible to avoid punishment under the above circumstances. There are several exceptions - the insanity of the perpetrator, coercion to act under threat to the lives of loved ones, blackmail and other circumstances that can be clarified with experienced lawyers.

What term will be assigned by the court if the citizen is at least 14 years old and his mental state is recognized as stable:

a crime committed by a member of the Customs Union within the EurAsEC - imprisonment from 3 to 7 years;
drug smuggling by a group of persons and/or using official duties, including in a significant amount - imprisonment from 5 to 10 years;
in the above circumstances on a large scale – imprisonment for a period of 10 to 20 years;
if there are such aggravating circumstances as smuggling by conspiracy on a particularly large scale, as well as injuring a customs/border worker, the sentence is imprisonment from 15 to 20 years, as well as a life sentence.

Note!
In addition to the above measures, the court may impose a fine of up to 1 million rubles. and restriction of freedom for up to 2 years.

Drug smuggling: who is investigating the crime?

In accordance with the law, an investigation may be carried out by:

employees of the government agency whose specialists discovered the offense (preliminary investigative actions)
FSB officers;
bodies of the Ministry of Internal Affairs;
employees of institutions that are directly involved in drug control.

The service that will handle the investigation is determined by the prosecutor's office.

The fact of drug smuggling has its own characteristics and is characterized by different volumes of the transported substance. Article 229.1 has four parts. The first two define smuggling as a serious crime, the third - of special gravity. The signs that qualify a crime are as follows:

The crime was committed by several citizens in a preliminary conspiracy.
The crime was committed with the help of a person holding a certain position. At the same time, this person is not necessarily a customs officer. An accomplice can be any official who facilitated the transportation of psychotropics. Even by asking over the phone.
Export from the country or delivery from outside took place in large and especially large quantities.
The crime was committed by an organized group of persons.
In the process of committing a crime, violence was carried out against border or customs officials.

It is worth noting that the differentiation of the size of batches of narcotic drugs is precisely defined in the government decree. It was published in 2012. The document contains a list of drugs, psychotropics, derivatives and the weight that will be considered unacceptable for transportation and storage. This list is constantly updated.

Summary

It is almost impossible to avoid punishment for drug smuggling and hope for leniency and suspended imprisonment in the Russian Federation. The exception is cases when a citizen carries prohibited psychotropic drugs, which include a narcotic substance, with permission and with personal notification of customs control officers.

You can learn from our lawyers how to properly prepare documents for the import of narcotic drugs and other substances that are vital for a person, having received advice on the website and by phone. The main conclusion on the issue of drug smuggling is the actual sentence of imprisonment, which can be lifelong.

Drug smuggling: elements of the crime

There is a concept of an atrocity that has been accomplished, and one that is in the process of being accomplished. Punishments for them vary in severity. So, smuggling will be complete as soon as the prohibited goods cross the borders of the state. The crime immediately becomes formal.

In this case, it makes absolutely no difference how the drugs were transported. After all, drugs are often found in the most unexpected places. For example, smugglers often swallow containers of the drug, or transport it inside animals or birds.

Criminal liability for committing this crime begins at the age of 16. Such crimes are always classified as committed with direct intent.

Smuggling using the Internet

Ordering goods online may be grounds for charges under Article 229.1 of the Criminal Code. Recently, cases often end up in court when an individual orders drugs online, including on Russian websites, that contain drugs or psychotropic elements. Upon receipt of the parcel at the post office, law enforcement officers charge the recipient with smuggling of potent substances.

According to the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 27, 2017, a person may be charged with smuggling if he independently found a supplier of drugs or psychotropic drugs outside the country, paid their cost, and also provided his address for delivery. The fact of smuggling is the crossing of the border of prohibited cargo, regardless of whether the package was subsequently received by the customer or not.

Find out more on this topic by asking questions in the comments to the article.

Drug smuggling: qualifications

Experts classify crimes related to the smuggling of psychotropic drugs as complex. It is difficult to bring all criminals involved in a particular case to justice. Usually, there are many accomplices, and they are often citizens of different states.

Often only the perpetrators can be exposed. They confess to the crime, are punished, but do not extradite those criminals who are at the origins of the crime, finance it, and receive billions of dollars in profits from trade and smuggling.

Drug smuggling: how the crime is investigated

Since crimes of this kind are international, the most experienced investigators with extensive knowledge take part in solving them. Namely:

a person must not only be familiar with the names of prohibited substances, but also be able to recognize them by sight and taste, by smell and consistency;
specialists must have knowledge of how psychotropic substances are prepared and what tools are used;
understand the psychology of those who transport drugs;
have an understanding of the peculiarities of the hierarchy of those who organize smuggling and carry out actions ordered.

And don’t forget that to determine the type of substance you need to carry out a number of various examinations. Such actions are also necessary in order to find out how the substance is disguised.