ST 228 of the Criminal Code of the Russian Federation . Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances
1. 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 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 - shall be 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 corrective labor for a term of up to two years, or restriction of freedom for a term of up to three years, or imprisonment for the same term.
2. The same acts, committed on a large scale, are punishable by imprisonment for a term of three to ten years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it and with restrictions. freedom for a term of up to one year or without it.
3. The same acts, committed on an especially large scale, are punishable by imprisonment for a term of ten to fifteen years, with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years. restriction of freedom for a period of up to one and a half years or without it.
Notes.
1. A person who has committed a crime under this article, who voluntarily handed over narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to with the illegal trafficking of these funds, substances or their analogues, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, is exempt from criminal liability for this crime. The seizure of these drugs, psychotropic substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when detaining a person and during investigative actions to detect and seize these drugs, substances or their analogues, such plants or parts thereof containing narcotic drugs or psychotropic substances.
2. Significant, large and especially 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 this article, Articles 228.1, 229 and 229.1 of this Code are approved by the Government of the Russian Federation.
3. 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.
Article 228 of the Criminal Code of the Russian Federation
The circulation of narcotic and psychotropic drugs, preparations and plants containing relevant substances is under special control in the legislation of all countries of the world. In Russia, the fundamentals of state policy in the field of trafficking in drugs and similar substances are regulated by Federal Law No. 3, as amended on July 26, 2019. The document establishes a complete state monopoly on the production, research activities, production and distribution of narcotic plants and drugs, as well as a list of substances under special control. Any participation in the trafficking of narcotic substances that is not authorized by the state is illegal and is subject to one form of liability or another.
The rules cover all possible violations, from storage of prohibited substances to illegal production and issuance of fictitious prescriptions for the purchase of narcotic drugs. Most criminal provisions are aimed at bringing to justice drug traffickers who use the addiction of clients to obtain profit, but the first of these articles implies liability directly for citizens who are not related to the sale. Thus, the following articles are subject to sanctions:
- purchase, receiving as a gift or self-production;
- cultivation and processing of relevant plants;
- transportation and storage.
At the same time, a citizen will be exempt from criminal liability if he voluntarily surrenders prohibited substances to the police and helps law enforcement officers in solving and suppressing similar or more serious crimes in the field of drug trafficking. In order to avoid punishment, you should begin to cooperate with the investigation and hand over stored drugs before the drugs are seized as part of investigative measures.
How to submit a petition
The petition is submitted through the head of the colony . This can be done in person or through a lawyer. Some people advise against a government lawyer who represents you for free. But the decision must be made calmly, weighing the pros and cons. If it is possible to hire an outside defender, it is better to find an experienced professional whose help will increase the chances of success.
Filing an application yourself is also a good option. The prisoner will be able to identify factors about himself that the defense may not be aware of. The culprit will better convey his inner feelings and attitude towards the crime.
Criminal penalties for illegal drug trafficking
When determining liability under Article 228 of the Criminal Code of the Russian Federation, the key factor is the amount of drugs identified by law enforcement officers from the person involved. Government Decree No. 1002 (last amended on December 19, 2018) establishes the amount of a particular narcotic or psychotropic substance, which is classified as:
- significant;
- large;
- especially large.
Part 1 of this article provides for sanctions for possession of a significant amount of drugs in the form of a fine of up to 40 thousand rubles, compulsory or correctional labor, restriction or imprisonment for up to 3 years.
Under Part 2, for storing or transporting a large shipment, the defendant faces up to 10 years in prison with a fine of up to half a million rubles. For a particularly large amount, the term increases to 15 years, also with the possible simultaneous collection of a half-million fine.
If a citizen is found to be a drug addict, the court may, along with the punishment for the crime committed, impose mandatory treatment and rehabilitation on the convicted person.
Amendments and changes under Art. 228 of the Criminal Code of the Russian Federation in 2022
In recent years, there has been an active discussion in the media and socio-political circles about the need to revise legislation in the field of drug trafficking. Supporters of the liberalization of this norm argue their position by the fact that the article is aimed at those who stored drugs for personal use, that is, did not contribute to the spread of drug addiction, and severe punishment makes it difficult for the convicted person to return to normal life. In particular, it is proposed to re-evaluate Part 2 of this article from a serious crime to a medium crime, to specify the list of substances and preparations for the purchase and possession of which there is a criminal penalty, and to introduce the concept of mixtures.
Another reason for discussion are high-profile cases when, under Article 228 of the Criminal Code, the purchase abroad of drugs that are not included in domestic registers is qualified. Formally, such actions fall under the current edition of the Code, but in practice we are not talking about drug addiction or other socially condemned actions. For example, in August 2022, security forces detained a woman purchasing an anticonvulsant drug that had no Russian analogues abroad for a child with epilepsy.
The likelihood that certain amendments to Article 228 will come into force in 2022 is not great.
At the same time, at the end of 2022, amendments were made to Article 80 of the Criminal Code, which make it possible to replace part of the prison term with forced labor after serving:
- a third or a quarter of the assigned term, if the crime is classified as minor or moderate (for example, under Part 1 of Article 228);
- half the sentence if the blunting is classified as severe.
Why is it worth applying for parole through a colony?
The petition can be submitted in two ways:
Through a lawyer;
Through the colony.
It is better to choose the second one if normal contact has been established with management. Especially if the boss and other employees are ready to give positive references.
In any case, with parole you need to focus on the Criminal Code. Article 228 is no exception. You also need to focus on procedural and penal regulations, as well as practice.
It is better to submit a petition through the colony when a free lawyer is not ready to work. If it is immediately obvious that he is doing everything “for show,” it is better to refuse his services. If there is no money for a paid specialist, the application is submitted through the colony.
Administrative punishment
In the case where the person involved is not involved in the distribution of narcotic drugs, and the seized amount of prohibited substances does not meet the established criteria of a “significant” or “large” volume, the citizen is brought to administrative responsibility.
For storage, production or transportation of drugs, psychotropic drugs or narcotic plants, Article 6.8 of the Code of Administrative Offenses of the Russian Federation provides for punishment for citizens in the form of:
- a fine of 4-5 thousand rubles;
- arrest for up to 15 days.
If the offense is committed by a foreigner or stateless person, the sanctions will be supplemented by deportation from the country.
As under Article 228 of the Criminal Code of the Russian Federation, voluntary surrender of drugs to law enforcement agencies exempts a citizen from liability.
How to get the minimum punishment under Art. 228 of the Criminal Code of the Russian Federation
The parts of Article 228 have different gravity from the point of view of the law, so a citizen will need a qualified lawyer who can seek charges under part 1. It is also necessary to pay attention to whether the seizure of prohibited substances was documented correctly - whether a protocol was drawn up, whether witnesses participated in the seizure itself. If procedural requirements were violated, the actions of the police officers can be challenged.
If a citizen is brought to criminal responsibility for the first time, the following may help mitigate the punishment:
- positive characteristics from the place of work or study, from neighbors and the local police officer at the place of residence;
- certificates, diplomas, data on participation in scientific, creative or sports competitions;
- documents on the presence of chronic or quite severe diseases;
- information about dependents, minor children, elderly relatives and others in the care of the person involved.
The most significant mitigating circumstance will be a confession, that is, an admission of guilt and repentance of the offender, as well as a willingness to cooperate with the investigation.
Why refuse an appointed lawyer?
Pro bono lawyers have a reputation for not being serious about their work. They do it only because they have to. Therefore, the result is appropriate.
That is why, if possible, it is better to refuse their services and hire specialists separately . But not everyone has this opportunity, since services can be expensive.
You can also file an application for parole on your own. If the prisoner is literate and knows how to express his thoughts on paper, then he will cope with this task.
Parole (parole) when setting a term
Those convicted of drug offenses have the opportunity to be released from prison early. The parole rules are regulated by Article 79 of the Criminal Code of the Russian Federation, allowing those who have served at least:
- a third of the term under Part 1 of Article 228, since the norm does not apply to serious crimes;
- 75% of the sentence for parts 2 and 3, since these crimes are classified as serious in the field of drug trafficking;
- 2/3 of the term, if the citizen has previously used the right to parole, but committed a crime or offense before the end of the previous sentence.
In addition, those convicted under the first part have the right to recalculate the remaining sentence in accordance with Article 72 of the Criminal Code of the Russian Federation. The current version allows each day spent under house arrest to be counted as half a day in the period of pre-trial detention or in the term of the sentence itself.
The period of stay in a pre-trial detention center awaiting trial is counted:
- day after day, if the sentence is served in a prison or penal colony of strict or special regime;
- as 1.5 days per day when serving a sentence in an educational or correctional colony of general regime;
- 1 to 2 when serving a sentence in a penal colony.
When deciding to serve the remainder of the sentence on probation, the court imposes additional obligations on the convicted person - not to change the address without notifying the supervisory authorities, to get a job or continue education, and to undergo a course of treatment.
Stages of parole for drugs
The prisoner must be eligible for parole immediately after his arrest. At the moment when he realizes that punishment cannot be avoided, he must build an action plan on how to get out earlier.
The accused is recommended to immediately record all points that may become a reason for parole. For example, checks proving compensation for damage, actions aimed at reconciliation, etc. This is the only way to increase your chances of leaving earlier.
While already in the colony, you need to continue recording all the factors that contribute to parole. It is necessary to preserve evidence, and, if possible, transfer it to a lawyer or trusted persons for safekeeping.
In order for the court to approve release on parole, you need to get a good reference from the head of the colony. Here a lot depends on the personality of the boss. The chance of early release will largely depend on how he treats a particular prisoner.
It is also recommended to contact the administrative commission. This body will decide whether to support the prisoner and whether to advocate for the early release of the culprit. You need to understand that the fact that the colony leadership supports it does not mean that the court will support the petition. But it will increase the chance of a positive outcome.
Next, you need to file a petition for parole. This can be done by a lawyer or the prisoner himself. You should not listen to others; it is recommended to write on your own, indicating all the factors that indicate the possibility of parole. It is necessary to convince the court that release is possible, that it will not harm public interests, that the culprit has realized his behavior and has corrected himself.
In addition to your application, you may receive letters of recommendation. They can be issued by anyone, from relatives and friends to prison staff. You can also receive a letter from a potential employer expressing their intentions for employment.
