Salt is a common colloquial name for a synthetic drug containing analogues of mephedrone. As a rule, salts have an effect on the body similar to the effects of amphetamine and cocaine - they stimulate the nervous system, causing drug intoxication and later addiction. Usually salts are taken orally, snorted, or given intramuscular or intravenous injections.
Since salts have a destructive effect on the individual, causing irreversible consequences in the body, these substances, in accordance with Government Decree No. 681, are subject to strict control on the territory of the Russian Federation. This means that the free distribution, storage, transportation, and trade of these narcotic substances is prohibited and criminally punishable.
Salt pawners: term, punishment and article
The most common way of distributing salts is through so-called narcotic deposits. Most often, the buyer finds advertisements offering to purchase the drug on the Internet, on bulletin boards, etc. Sometimes the contacts of pawnbrokers are given to the person by friends and acquaintances.
The scheme is as follows: the buyer places an order and pays for it, for example, transfers money to a bank card. After this, the pawnbroker, who basically always acts as an intermediary, carries out the pawning and informs the buyer of its exact location. For this purpose, SMS messages, social networks, and instant messengers are mainly used.
Accordingly, the actions of the pawnbroker can actually be qualified as the sale of narcotic substances. This is a criminal offense under Article 228.1 of the Criminal Code of the Russian Federation.
Thus, for the illegal production and sale of drugs, even in small quantities, the convicted person faces imprisonment for a term of 4 to 8 years
If the Internet and media were used to distribute salts, the term of imprisonment increases. In accordance with Article 228.1, it ranges from 5 to 12 years. In addition, the court may decide on imprisonment for up to 1 year and impose a fine in the amount of up to 500 thousand rubles or in the amount of the convicted person’s salary for a period of up to 3 years.
If the pawnbroker sold drugs by pawning in a significant amount, he faces imprisonment for a term of 8 to 15 years, a fine of up to 500 thousand rubles and restriction of freedom for a term of up to 2 years. The same punishment was established for a group of people who were involved in drug trafficking.
Pawnbrokers who sold drugs on a large and especially large scale may be sentenced to imprisonment for up to 20 years. In addition, a fine of up to 1 million rubles or in the amount of the convicted person’s income for a period of up to 5 years may be imposed. The sale of drugs on an especially large scale is also punishable by life imprisonment if there are aggravating circumstances.
What punishment should be given?
Criminal penalty
The Criminal Code of the Russian Federation does not contain an article that provides for liability for drug use. Previously, the legislative assembly of the Kirov region introduced a legislative initiative to the State Duma to introduce criminal liability for drug use. Legislators presented a bill that contained the following measures of state coercion:
- Fines of up to 20 thousand rubles;
- Compulsory work for up to 280 hours;
- Correctional labor for up to 12 months.
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It would seem that introducing liability for drug use into criminal legislation would reduce the number of drug addicts and would effectively influence the completion of rehabilitation courses. However, this bill was not approved by the Government and the Supreme Court, which gave negative opinions. The explanations to the conclusion indicated that, according to the classification of the World Health Organization, drug use is not a crime, but is considered a disease.
In what cases is criminal liability applied?
As stated above, no one can be prosecuted for drug use and will not be sent to prison. However, the Criminal Code contains a number of articles providing for liability for actions related to illegal drug trafficking.
An interesting point is that if drug crimes are committed by foreign citizens, then in addition to a criminal sanction, they must be subject to another state coercive measure. Thus, foreign persons convicted of illegal drug sales are prohibited from entering the territory of the Russian Federation until the criminal record is expunged or it is removed based on a court decision.
Article 228 of the Criminal Code of the Russian Federation provides for liability for the following types of illegal actions with narcotic drugs:
- Acquisition;
- Shipping;
- Storage;
- Manufacturing.
If a person commits one of the above illegal acts, he faces a penalty of imprisonment for a term of 15 years.
Criminal liability for the illegal transfer, sale and production of drugs is provided for in Article 228.1. The court, if it detects the elements of this article in the actions of a guilty person, can apply the maximum sanction for the offender - life imprisonment.
They are imprisoned for 20 years for transporting prohibited drugs across the state border of the Russian Federation.
Persons who induce others to use drugs or psychotropic substances are subject to punishment under Article 230 of the Criminal Code of the Russian Federation. The measure of criminal coercion that will be applied in this case is imprisonment for 15 years.
In connection with changes and additions to the criminal legislation of February 2015, the domestic legislator introduced the concept of illegal trafficking in potentially dangerous psychoactive substances into the Criminal Code. These may include chemical compounds that pose a real threat to human health and life, such as spices, mixes, salts and others. In accordance with Article 234.1, the guilty person in this case can be sentenced to imprisonment for a maximum of 8 years.
A special category of crime is the involvement of minors in the commission of a crime. So, according to Article 150 of the Criminal Code, the attacker is sentenced to imprisonment for up to 5 years.
Criminal punishment for all of the above crimes will be more severe if the person was under the influence of drugs at the time of committing the illegal acts.
However, perpetrators will be able to avoid criminal punishment if they actively assist the investigative authorities in solving the crime and voluntarily surrender all available narcotic drugs.
Administrative responsibility
If the bookmark was of a small size, it will be classified as an administrative offense. Thus, in accordance with Article 6.8 of the Code of Administrative Offenses, the offender will have to pay an administrative fine in the amount of 4 to 5 thousand rubles or serve administrative arrest for 15 days. If a foreign citizen or stateless person picks up the bookmark, he will also have to pay a fine in the amount of 4 to 5 thousand rubles or serve an arrest for 15 days, after which he will be forcibly expelled from the Russian Federation.
To avoid administrative punishment for picking up a stash, it is enough to voluntarily hand over the narcotic substance to law enforcement agencies.
Let us note that administrative liability in the form of a fine and administrative arrest applies to people who illegally acquired and stored drug stash without the purpose of sale.
Administrative
Administrative responsibility related to the actions of the population during the COVID-19 pandemic is also divided into two types. The first concerns failure to comply with sanitary requirements, the second concerns non-compliance with the imposed restrictive measures.
Failure to comply with sanitary requirements
In this case, liability is established by the Code of Administrative Offenses of the Russian Federation, specifically by Article 6.3 of the document. The Code was adopted after the signing of No. 195-FZ (dated December 30, 2001). The current version came into force on December 30 last year.
Article 6.3 provides for bringing to administrative responsibility during the coronavirus period four categories of violators - citizens, officials, individual entrepreneurs and organizations. Depending on the status, the type and degree of punishment is determined.
The answer to the question of how responsibility is provided for infection with coronavirus in each specific case is contained in the table.
| Offense/Offender Status | Punishment (amount of fines – in thousand rubles) | |||
| Citizens | Officials | IP | Organizations | |
| Failure to comply with sanitary requirements during quarantine or other restrictive measures | 15-40 | 50-150 | 50-150/ban on conducting activities for 90 days | 200-500/ban on conducting activities for 90 days |
| Failure to comply with the requirements of regulatory authorities represented by sanitary and epidemiological supervision | 15-40 | 50-150 | 50-150/ban on conducting activities for 90 days | 200-500/ban on conducting activities for 90 days |
| The same thing that resulted in the death of a person, but is not subject to the Criminal Code | 150-300 | 300-500 /disqualification for up to 3 years | 500-1,000/ban on conducting activities for 90 days | 500 – 1,000/ban on conducting activities for 90 days |
Failure to comply with restrictive measures
Administrative liability related to violation of coronavirus quarantine is defined in Article 20.6.1 of the Code of Administrative Offenses. It also differs for the above categories and provides for the following penalties.
| Offense/Offender Status | Punishment (amount of fines – in thousand rubles) | |||
| Citizens | Officials | IP | Organizations | |
| Failure to comply with restrictive measures | 1-30 /warning | 10-50 | 30-50 | 100-300th |
| The same thing that caused damage to the health or property of citizens | 15-50 | 300-500/disqualification lasting from one to three years | 500-1,000/ban on conducting activities for up to 90 days | 500-1,000/ban on conducting activities for up to 90 days |
Criminal liability
An examination will be carried out to determine exactly what narcotic substance was in the stash. If law enforcement authorities prove that the raised bomb was of significant size (for mephedrone it is more than 0.2 grams), in accordance with Government Decree No. 1002, the person who picked it up will be held criminally liable.
Today, in accordance with Article 228 of the Criminal Code of the Russian Federation, for the illegal acquisition and storage of salt in a significant amount, the offender faces punishment in the form of a fine of up to 40 thousand rubles or in the amount of salary for a period of up to 3 months. The court may impose compulsory labor for a period of up to 480 hours or correctional labor for a period of up to 2 years. For this act, the offender can be deprived of liberty, that is, sent to prison for up to 3 years. In some cases, a measure is applied - restriction of freedom, which does not involve isolating a person from society.
If a sentence of restriction of freedom is passed, a number of prohibitions are imposed. The convicted person is necessarily prohibited from changing his place of residence and traveling outside the territory of a certain municipality without the consent of state authorities. The court may prohibit a person from attending mass events, not leaving home for a certain time of day, etc. A convicted person who has been sentenced to restriction of freedom is required to come to the state body supervising the serving of the sentence 1–4 times a month.
If it is determined that the stash was large, lifting it will result in imprisonment for a term of 3 to 10 years. In addition to such punishment, the court may impose a fine in the amount of up to 500 thousand rubles or in the amount of the offender’s income for a period of up to 3 years, and also make a decision on restriction of freedom.
If the investigation establishes that the act was committed on an especially large scale, the convicted person may be sentenced to 10–15 years in prison. In addition, a fine of up to 500 thousand rubles or in the amount of the offender’s income for a period of up to 3 years may be imposed, and a decision may be made to restrict freedom for a period of up to one and a half years.
If you picked up a bookmark, that is, you committed an offense, it is possible to avoid criminal liability. To do this, it is necessary to voluntarily hand over the salts, as well as contribute to solving the crime and exposing people who are involved in drug trafficking. We also note that if the person who picked up the bookmark was detained by law enforcement agencies, this cannot be considered a voluntary surrender.
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Criminal liability of minors for crimes in the field of drug trafficking
Criminal liability of minors for crimes in the field of drug trafficking
Criminal liability is the most serious type of legal liability that occurs for committing crimes that are punished most severely, including long-term imprisonment. However, minors have a number of characteristics compared to other persons (minor age, unformed psyche, etc.), and special rules for criminal prosecution and sentencing apply to them.
It should be noted that from the point of view of criminal law, only a person who was 14 at the time of committing a crime, but not 18 years old, is called a minor (Article 87 of the Criminal Code of Russia). The minimum age of a minor who can be held criminally liable is determined by Art. 20 of the Criminal Code of Russia, which provides that a person who has reached the age of 16 at the time of the crime is subject to criminal liability for almost all crimes, and for the crimes listed in Part 2 of Art. 20 of the Code (for example, murder, intentional infliction of grievous bodily harm, theft, robbery) - from 14 years of age.
Currently, relatively common crimes among minors include theft, robbery, robbery, as well as crimes related to illicit trafficking in narcotic drugs and psychotropic substances.
Criminal liability for crimes related to illicit trafficking in narcotic drugs and psychotropic substances is provided for in Articles 228, 228.1, 228.3, 228.4 of the Criminal Code of Russia.
In addition, for the consumption of narcotic drugs and psychotropic substances, minors from the age of 16 are subject to administrative liability under Art. 6.9, part 2 art. 20.20 of the Code of Administrative Offenses of the Russian Federation, and if the consumer is a person under 16 years of age, administrative liability is established in relation to his parents or other legal representatives under Art. 20.22 Code of Administrative Offenses of the Russian Federation.
Crimes related to the illicit trafficking of narcotic drugs and psychotropic substances are included in the category of crimes against public health and public morality (Chapter 25 of the Criminal Code of Russia).
Article 228 of the Criminal Code of Russia for the illegal acquisition, storage, transportation without the purpose of selling narcotic drugs, psychotropic substances or their analogues provides for liability in the form of a fine of up to 40 thousand rubles, compulsory labor for up to 480 hours, correctional labor for up to two years, limitation freedom or imprisonment - up to 3 years.
Article 228.1 of the Criminal Code of Russia for the illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues provides for liability in the form of imprisonment for a term of 4 to 8 years with restriction of freedom for a term of up to 1 year.
At the same time, the severity of punishment under these articles increases if the illegal acquisition, storage or sale of narcotic drugs, psychotropic substances or their analogues is carried out in a significant, large and especially large amount, using the media or electronic or information and telecommunication networks (including the "Internet").
When assigning punishment to a minor, the conditions of his life and upbringing, the level of mental development, other personality characteristics, the influence of the imposed punishment on the correction of the convicted person and on the living conditions of his family are taken into account (Article 60 of the Criminal Code of Russia).
Crimes related to illicit trafficking in narcotic drugs and psychotropic substances are serious crimes. In this regard, minors who have committed such a serious crime under the age of 16 may be sentenced to up to 6 years in prison.
Full protection of minors from committing crimes related to the illicit trafficking of narcotic drugs and psychotropic substances must be organized in accordance with the provisions of the Federal Law of 01/08/1998 No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”, Federal Law of 06/24/1999 No. 120-FZ “On the fundamentals of the system for preventing neglect and delinquency of minors”, which determined the mechanism for carrying out preventive work with minors and the functions of the bodies and institutions (organizations) of the prevention system that implement it.”
Senior assistant prosecutor of the city of Chelyabinsk T.A. Safronova
What punishment faces drug pawners?
If you ask a law-abiding average person how, in his opinion, the sale and transfer of narcotic substances takes place (a criminal offense in accordance with Article 228.1 of the Criminal Code of the Russian Federation), then his imagination will most likely flash footage of Hollywood action scenes with the transfer of suitcases and the stern faces of the “usurper” drug lords. But times change, and current realities have become completely different.
Once upon a time, the buyer had to personally meet with the drug dealer to get a “portion,” but now this method is a thing of the past - drugs can be ordered without leaving home and picked up at the next door. A drug “stash” is a small sealed bag (approximate dimensions: 8x4) that easily fits in the palm of your hand. A magnet is attached to such a package, with the help of which the package can be attached to any metal structures. Also, the location of the drug is photographed and provided with a detailed description.
What tricks do drug addicts use?
Drugs can be hidden in the subway, in a park, on a tree, or attached to drainpipes. Sometimes they are hidden near monuments or in public toilets. Don’t be surprised if you go out onto the balcony at night and find a man digging for something near a tree - this is a drug addict who has come to get his drug. Even several bookmarks can be left in the yard at once. In winter, drugs are hidden in flower pots (at the entrance), under railings, in electrical panels and in the slopes of window sills.
There is even such a job as a “mortgagor”. The distributor does not want to substitute himself and appear in different places - he hires young girls and boys. Now pay attention, parents! You must understand and not forget that your child may become a victim of a drug dealer. Perhaps the child was simply happy about the easy money, putting himself at risk.
DO NOT TRUST ALL ADVERTISEMENTS! The job of a pawnbroker may be called, for example, “anonymous courier,” and “employers” promise a big salary. The seller-mortgagor-buyer is at great risk of getting caught, so one can easily imagine their fear of police officers driving past them.
Years in prison
A pawnbroker caught with 50 g of the substance or heroin will sit behind bars for 15-20 years. It is not the drug dealer who is at risk, but the pawnbroker. The pawnbroker will go to jail, and the distributor will continue his business and hire a new employee. Parents should talk to their child about the risks of these situations so that he does not fall for the tricks of drug dealers.
How is a mortgage holder selected?
The search for an employee takes place via the Internet - the so-called “employer” posts a vacancy, candidates leave their resumes. Drug addicts themselves often work on Darknet sites; such workers are unreliable. Therefore, preference is given to abstainers. Even the legal Internet is teeming with vacancies - on the same Avito. You can often see the sentence: “A healthy and responsible employee is required, the salary is high; We look at your documents and your appearance.”
The employee must place bookmarks in a certain area - 2-3 hours a day. The pawnbroker requires a deposit of 5 thousand rubles or a passport. There is only one way to contact an employer - through instant messengers.
And our house... Is it so safe?
Under no circumstances open the door to strangers and warn your neighbors if you realize that your house is being mortgaged. Be sure to notify the police if you see something being buried in front of a tree or if there are suspicious people in the entrance. It is best (if possible) to photograph or videotape the action of a suspicious person.
Sometimes a drug addict may not even pay attention to the people around him - he will dig up the drug, despite the fact that people are passing by or someone is standing on the balcony.
How to understand that your house has become a place of mortgages:
- exposed cable channels;
- packages and pieces of paper scattered around the entrance (8x4);
- broken door closer;
- Strangers often call the intercom asking you to open the door;
- unfamiliar and inadequate people looking for something;
- open electrical panels;
- dug up soil near trees, in pots, pots turned over.
A person may receive a lot of money for working as a pawnbroker, but what will it bring him if his life is in constant fear? Is there really such a strong desire to buy a new iPhone or other fancy toys, because of which you will have to pay with imprisonment for 20 years?
Parents! Be carefull. Do not leave your children unattended, have preventive conversations with them. Explain that suspicious individuals who “recruit” pawnbrokers can operate even near the school.
Talk to your child before the drug dealer does it for you.
