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.

Basic Concepts

The definitions specified in Article 232 of the Code of Crimes must be known in order to understand the basic meaning of the punishment imposed for the crime.

A brothel is a premises (it may be residential or uninhabitable) where individuals come to consume various prohibited substances. Most often, the owner of the apartment or house himself sells and prepares drugs.

Organizing a brothel means the perpetrator commits actions aimed at creating a place in which addicted people will take prohibited substances. In other words, the attacker finds and rents a room, makes repairs there, and carries out extraction.

The maintenance of a den for the consumption of narcotic drugs consists of providing this place with everything necessary for its further functioning (this is servicing visitors, making repairs).

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.

General

Punishment under Article 232 of the Code of Crimes provides for liability only for those persons who specifically organized a den, maintained it, or provided premises for the use of narcotic drugs an indefinite number of times. In most cases, citizens involved in the sale of prohibited substances are interested in having as many clients as possible. Therefore, drug dealers create dens where everyone comes to use narcotic and psychotropic substances. The danger of this crime also lies in the fact that, in addition to addicted persons, traffickers fraudulently lure healthy young people to this place and offer to try prohibited drugs for free. Thus, the latter increase the sale of drugs.

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.

Another commentary on Article 236 of the Criminal Code of the Russian Federation

1. The object of the crime is the health of the population, its sanitary and epidemiological well-being, which, in accordance with Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological well-being of the population” (as amended on June 25, 2012) means such a state of health population and its habitat, in which there is no harmful impact of environmental factors on humans and favorable conditions for their life are provided.

2. From the objective side, the crime is characterized by a violation of sanitary and epidemiological rules and the onset of consequences causally associated with this violation in the form of mass illness or poisoning of people (Part 1 of Article 236 of the Criminal Code) or the death of a person (Part 2 of Article 236 of the Criminal Code).

Sanitary and epidemiological rules, violation of which under certain criminal conditions may lead to criminal liability, are determined by the legislation of the Russian Federation and departmental regulations approved by the Government of the Russian Federation. These are, in particular: Regulations on state sanitary and epidemiological regulation (approved by the Decree of the Government of the Russian Federation of July 24, 2000) (as amended on September 15, 2005); Decree of the Government of the Russian Federation of September 15, 2005 N 569 “On the Regulations on the implementation of state sanitary and epidemiological surveillance in the Russian Federation” (as amended on April 21, 2010).

These documents define such fundamental signs that are mandatory for qualifying an act as mass disease of people and their mass poisoning.

Mass illness of people means diseases of a viral, intestinal, bacterial or other nature, the prevalence of which clearly exceeds the average incidence of a given disease for a certain period in a given territory. Mass poisoning of people refers to acute, chronic, industrial, medicinal, chemical and other diseases, the occurrence of which is caused by the action of toxic substances of various origins on the human body through their absorption through the respiratory tract, as a result of contact with the skin, absorption with food and liquids, etc. d.

The sign of mass disease or poisoning of people covers harm to health of any severity.

3. The subject of this crime may be a sane person who has reached the age of 16, whose duty is to ensure compliance with sanitary and epidemiological rules. These are mainly employees of public catering establishments and medical institutions, employees of authorities monitoring the state of the sanitary and epidemiological situation at specific facilities and in the regions.

From the subjective side, a crime is characterized by a careless form of guilt. A person who has violated the rules specified in Art.

236 of the Criminal Code, did not foresee the onset of socially dangerous consequences, but should and could have foreseen them, or foresaw their onset, but without sufficient grounds for this, arrogantly counted on their prevention.

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 is a den

A den is a place where criminals gather to carry out their illegal activities (selling drugs, engaging in prostitution, etc.). Typically, such places become the apartments of one of the offenders, abandoned houses or factories. That is, it can be both residential and non-residential premises.

They are often used to hide offenders or gather members of criminal gangs.

Interesting information . In the criminal environment, names of dens such as “den” or “haza” are used. The first is already outdated, but is still sometimes used in prison jargon; the second is often found in criminal circles even now.

Types of dens

Blatnaya raspberry is a den of thieves.
A brothel (brothel) is a den for prostitution (also known as a den of debauchery
).
Gambling den - a den for participation in gambling (Katran).
A drug den is a den for the use of narcotic drugs or psychoactive substances, a haven for drug addicts and drug addicts.
Alkopriton - a hangout for drinking alcoholic beverages, a haven for alcohol addicts.
Blakhata is a hangout in an apartment/house, predominantly of a wealthy owner with criminal connections.

What is a drug den?

A drug den is considered a residential (room, private house, cottage, apartment, etc.) or non-residential (garage, attic, shed, basement, etc.) premises provided by a specific person or group of persons for the use of psychoactive substances and drugs. As a rule, such drug dens open in:

apartments of drug addicts;
various abandoned buildings;
unfinished premises.

Organizing or maintaining a den for the consumption of narcotic drugs or psychotropic substances

First you need to decide what is called a den. A den should be understood as a premises used for the use of narcotic and other illegal drugs on a systematic basis. In this case, the purpose of this room is not important - whether it is an apartment, an office space or even a basement or attic.

Next, you should pay attention to the objective side of this crime. The Criminal Law of the Russian Federation establishes criminal liability for the following types of activities:

Organizing a hangout . In this case, one should understand the search, acquisition or rental of premises, including through occupation. Acquiring the necessary equipment, carrying out repairs, for the subsequent use of narcotic or other prohibited substances by several persons.
Contents of the den . In this case, the person takes actions for the systematic use of the premises, makes the necessary expenses, pays for utilities, pays rent if necessary, ensures the security of the premises by organizing security and other actions.

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.

Practice

Currently, a very large number of people are being held accountable for this crime. This is primarily due to the fact that drug traffickers create dens in order to increase profits from the sale of illegal drugs. After all, almost all people who use psychotropic substances gather only in those places where they can be easily obtained and used.

Most often, criminals who create dens take drugs themselves. Therefore, the latter are not against the fact that similarly addicted people use prohibited substances in their homes. In addition, most drug addicts share doses of psychotropic substances with each other and help with injections.

Basically, the activities of brothels where dependent citizens gather continue until one of the vigilant citizens reports this to the internal affairs authorities.

As a rule, if a person is convicted under Article 232 of the Code of Atrocities, he faces a considerable prison term. After all, according to the law, only isolation from society is provided here.