When did the Amendments to Article 228 Part 2 On Mitigation of Punishments Adopted in March 2021 Enter into Legal Force

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This article (Chapter 25), according to the law, in its original version came into force in June 1996. After this, many more amendments had to be made, but 20 years ago June marked the beginning of this rule. December 1988 marked the beginning of the fight against the illegal acquisition, storage, transportation, and production of narcotic drugs - the UN International Convention was signed, which guided the development of the fight plan, where the focus was on drugs and their illegal acquisition, storage, transportation, and production. The text of the article clearly distinguishes between disposition and sanction.

What amendments were made to Article 228 in July 2022

Article 228, part 2 of the Criminal Code of the Russian Federation 2022 (the latest amendments to it will be applied in 2022) talks about liability for the storage, purchase and manufacture of narcotic and psychotropic drugs on a large scale.
It will be possible for them to replace prison sentences with correctional labor. Changes to Articles 80 and 53.1 of the Criminal Code of the Russian Federation should come into force in January 2022. The bill is posted on the website of the State Duma of the Russian Federation, where anyone can familiarize themselves with it.

What Changes to Article 228 Came in December 2022

3 of the Criminal Code (illegal acquisition, storage or transportation of precursors of narcotic drugs), Part 1 of Article 231 of the Criminal Code (illegal cultivation of plants containing narcotic substances (and Part 1 of Article 234 of the Criminal Code (illegal trafficking of potent or toxic substances for sales purposes).

Changes to Article 228 Part 2 of the Criminal Code of the Russian Federation in 2022 latest news

execution of punishments Attention Now for cruel treatment of an animal for the purpose of causing pain and (or) suffering, as well as for hooligan or selfish motives, resulting in its death or injury, not only a fine, as before, or correctional labor, but also imprisonment is provided for up to 3 years. Legislators prescribed a more severe punishment in Part 2 of this article.

Unauthorized production, acquisition, storage and transportation of these funds are criminally punishable acts: the article applies to cases where large amounts of funds were seized during arrest or during the investigation. The use of psychotropic and narcotic drugs without a doctor’s prescription is also an offense and is punishable by law. This is due to the fact that their uncontrolled use leads to addiction and rapid destruction of health, and then to physical and moral degradation, creating a convenient environment for committing various crimes. For this reason, in order to preserve the health of the population and reduce the number of crimes committed while intoxicated, strict restrictions were introduced at the legislative level in the sphere of circulation of psychotropic and narcotic drugs. A criminal who violates the state ban on drug trafficking encroaches on the health and life of other people, since people addicted to drugs subsequently become unable to give them up and can commit any crime for their sake.

active assistance to law enforcement agencies in the investigation of a crime, assisting them in exposing persons who have committed or are preparing to commit a crime;
presence of young children or disabled children;
the health status of the defendant himself or his dependent relatives;
positive reviews about the defendant’s personality from neighbors, superiors, work colleagues, etc.

Gravity part 2 tbsp. 228 of the Criminal Code of the Russian Federation

the defendant has minor children;
pregnancy;
the juvenile age of the perpetrator;
confession;
actively contributing to the detection and prevention of crimes, exposing persons who have committed or intend to commit a crime;
assisting law enforcement agencies in detecting property obtained by criminal means.

6.2. Sales are any methods of paid or gratuitous transfer of narcotic drugs, psychotropic substances or their analogues to other persons (sale, donation, exchange, payment of debt, lending, etc.), as well as other methods of distribution, for example, by injecting the specified agents, substances or their analogues. At the same time, the injection of a narcotic drug, psychotropic substance or their analogues by one person to another person cannot be qualified as illegal sale if the specified drug or substance belongs to the consumer himself.

1. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, -

Another comment on Art. 228.1 of the Criminal Code of the Russian Federation

10.3. Sales and shipments committed in relation to a person known to be under 14 years of age, i.e. child, mean that the subject knowingly knew or admitted that he was committing a crime against a person under the age of 14 years.

Plants used for the production of narcotic drugs or psychotropic substances are plants prohibited for cultivation (opium poppy, Indian, southern Manchurian, southern Chui hemp, etc.), characterized by a significant concentration of drugs or elements that make up psychotropic substances. The list of plants whose cultivation is limited on the territory of the Russian Federation, as well as the procedure for permitting their cultivation and use for industrial purposes, with the exception of the production and manufacture of narcotic drugs and psychotropic substances, are established by the Government of the Russian Federation.

Amendments to Article 228 in 2022 when the law number comes into force

In 2022, parole is possible if the court concludes that the convicted person has repented of his crime and has partially or fully compensated for the harm caused by the crime. A convicted person has the right to apply for parole no earlier than he has served 6 months of his sentence, but there are additional requirements.

to the draft federal law “On amendments to Articles 821 and 228 of the Criminal Code of the Russian Federation and Article 398 of the Criminal Procedure Code of the Russian Federation Thus, currently, crimes related to the possession of narcotic drugs and psychotropic substances in large and especially large quantities without the purpose of sale , belong to the same category as similar crimes committed for the purpose of sales - grave and especially grave crimes.

How to reform 228 of the Criminal Code of the Russian Federation:

Change the table of sizes from which criminal liability begins and from which a party is considered large. The suspect's possession of a single dose of drugs should not be considered either large or especially large. (For example, a large amount of amphetamine, which begins with increased criminal liability, starts with one gram. At the same time, it is impossible to purchase amphetamine drugs less than one gram in illegal circulation).
Decriminalize drugs whose social danger has not been proven or is low (natural derivatives of cannabinol and psilocybin).
Strengthen control by supervisory authorities over criminal cases in which the weight of the seized drugs was borderline in terms of the classification of the crime.

Amendments for 2021 under Article 228 Part 3 in 30

Parole) subject to conditions. Next year, it is expected that several changes will be made to the legislation on the issue of granting amnesty to those convicted of committing crimes earlier than the previously established period.

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It is very likely that amendments to parole in 2022 will be adopted on the eve of the presidential elections or after the decision on his appointment is made. Announcements of the release of prisoners were historically timed to coincide with such events.

When will the amendments to Article 228 Part 2 come into force?

The list of psychotropic substances whose circulation in the Russian Federation is limited (List III) includes, among other things, the items “Deschloroetizolam”, “Diclazepam”, “Clonazolam”, “Meclonazepam”, “Nifoxipam”, “Pyrazolam”. At the same time, appropriate changes were made to significant, large and especially large quantities of narcotic drugs and psychotropic substances for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation. (Resolution of the Government of the Russian Federation dated July 12, 2021 N 827)

1. A convict who has been sentenced to imprisonment for the first time for committing a crime provided for in part one of Article 228, part one of Article 231 and Article 233 of this Code, who has been recognized as a drug addict and has expressed a desire to voluntarily undergo a course of treatment for drug addiction, as well as medical rehabilitation, social rehabilitation, the court may defer serving a sentence of imprisonment until the end of treatment and medical rehabilitation, social rehabilitation, but not more than for five years.

Commentary to Art. 228.2 of the Criminal Code of the Russian Federation

These rules are established in laws and other regulatory legal acts: Federal Law of 01/08/1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances”; Resolutions of the Government of the Russian Federation dated August 18, 2007 N 527 “On the procedure for the import into and export from the Russian Federation of narcotic drugs, psychotropic substances and their precursors” (as amended on March 21, 2011), dated November 4, 2006 N 644 “On the procedure for submitting information on activities related to the trafficking of narcotic drugs and psychotropic substances, and registration of transactions related to the trafficking of narcotic drugs, psychotropic substances and their precursors" (as amended on September 4, 2012), dated December 22, 2011 N 1085 "On licensing activities in circulation of narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants" (together with the Regulations on licensing activities for the trafficking of narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants) (as amended on September 4, 2012)), etc.

6. The subject of the crime is special: a sane person who has reached 16 years of age, whose duties, in accordance with the established procedure (for example, an official instruction, order or order of a superior official), include compliance with the relevant rules or monitoring their compliance when committing the actions listed in Part 1 of the commented article.

“According to the explanatory note to the bill, its adoption is due to the large number of people convicted of crimes in the field of illicit drug trafficking without the purpose of sale, committed on a large scale, which ensures high performance of law enforcement agencies in solving serious crimes,” the review says. “At the same time, the approach proposed by the bill, aimed solely at liberalizing legislation in the field of illicit drug trafficking without improving law enforcement practice, will not allow achieving the goals stated in the explanatory note.”

The project granted the right to defer punishment in the form of imprisonment during treatment for drug addiction to those who were convicted for such crimes for the first time. Government experts, having studied the proposal, decided that such amendments would not eliminate the problems that needed to be solved.

The case ended as it should: the charges were dropped, someone's shoulder straps were broken. But it is quite reasonable that society has started talking about how to prevent something like this from happening again. Along with reasonable proposals, radical proposals were also made, asking whether the punishment for drug possession should be abolished altogether. The logic is dangerous: so as not to imprison innocent people, let's allow drug addicts to carry potions as much as they want.

The new version of the article suggests that cases cannot be initiated “in the absence of data on the specified means, substances, plants (type, weight, name), as well as sufficient data indicating their transfer to other persons.”

Bill No. 916965-7 amends Articles 228.1 and 228.4 of the Criminal Code “regarding the illegal sale” of drugs and psychotropic substances or their precursors, plants or parts of plants containing such substances. The government submitted it to the State Duma a year after the high-profile detention of the journalist; it passed the first reading in June 2020, the second on December 15.

Moscow. December 16. INTERFAX.RU — The State Duma adopted in the third reading a bill clarifying the procedure for initiating criminal cases under Article 228.1 on drug trafficking. In 2022, a case was opened under this article against Meduza investigator Ivan Golunov.

The punishment depends on the size of the seized substances: a complete list of prohibited substances indicating the quantity can be found in the appendix to the Criminal Code. In this case, the article is responsible only for storage or transportation without the purpose of further sale: the sale is assessed by other laws.

Lawyer Kudryashov Konstantin

— Grant the court the right to defer serving the sentence for those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation to real imprisonment, who are recognized as drug addicts and have expressed a desire to undergo medical rehabilitation. That is, the bill proposes to provide those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation with the opportunity to receive treatment instead of being sent to prison. I will add that the bill does not provide for mitigation of punishment for drug sales, therefore, amendments to Article 228.1 of the Criminal Code of the Russian Federation are not expected in 2022.

The adoption of the bill will also affect the fate of those already convicted of purchasing and storing drugs on a large scale. A criminal law mitigating punishment has retroactive effect. Therefore, the adoption of this bill should lead to a reduction in penalties in the form of imprisonment for those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation. Also, if the bill is adopted, those convicted under Part 2 of Article 228 of the Criminal Code of the Russian Federation will be able to apply for parole after serving one-third (1/3) of the sentence imposed by the court, and not three-quarters (3/4) of the term punishments, as now. In general, the news is positive.

Responsibility for the sale and storage of drugs

The laws of the Russian Federation provide for the possibility of reducing penalties even for the most serious crimes of the Criminal Code. When considering cases related to narcotic drugs, articles from the Criminal Code and amendments officially introduced to Art. 228 part 2 and other points.

Article 228 of the Criminal Code of Russia: all parts and terms of punishment

And if the amendments in their current form are adopted, then in some cases drug addicts will have their sentences reduced by half - for example, from 10 to 5 years. The most curious thing is that such measures were partially supported by the Russian Ministry of Internal Affairs - which means that drug regulations really have a chance to become softer. Lenta.ru found out the legislative prospects for major anti-drug liberalization.

by a group of persons by prior conspiracy; b) in a significant amount - 4. Acts provided for in parts one, two or three of this article, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale, -

Article 228 part 2 of the Criminal Code of the Russian Federation - latest amendments and sentences

In other words, the prison terms for parts 2 and 3 of the drug article were changed. This is due to the fact that the article itself refers only to the use of drugs for personal purposes, that is, the culprit takes them himself, is a dependent person and needs medical assistance. Reducing his sentence will help him begin treatment faster.

Current situation and difficulties

News on Article 228 Part 2 2022 forum

a draft law amending Article 228 of the Criminal Code was approved. According to the draft, the sanction of Part 2 is set from 2 to 5 years instead of the current one from 3 to 10 years. Thus, the category of crime changes from grave to moderate. In part 3 it is proposed.

MY SON IS SERVING A PUNISHMENT UNDER ART. 228 PART 2. MAY 1, 2022 - WILL BE HALF THE TERM. PLEASE TELL WHAT MITIGATING CONDITIONS OF CONTENT OR REPLACEMENT OF THE UNSERVED PART OF THE PUNISHMENT CAN BE APPLIED IN OUR CASE HE IS SERVING A TERM IN BARNAUL, ALTAI.

I have a question: my brother is imprisoned under several articles and the names are 111ch1, 228ch2 and the replacement of a suspended sentence under article 318ch1, 2 episodes. At the same time, he is fully aware of Article 228 Part 2 of the Criminal Code of the Russian Federation. The question is whether it will fall under the amendments to Article 72.

Official sources, as well as Wikipedia, provide a detailed description of each substance, which helps determine which category it should be classified into (now, alas, new analogues of existing ones are appearing every day).

Will there be amendments to the Criminal Code of the Russian Federation in 2022 - latest news on Article 228 (ch

Citizens who voluntarily repent of committing a crime, surrender all prohibited substances, and actively cooperate with law enforcement agencies may be released from liability. But it is important that such active repentance occurs before arrest and investigation.

Forced labor is an alternative to imprisonment. They can be used for minor or moderate offenses, or for a serious crime committed for the first time. Those convicted under Article 228, subject to this condition, may request a replacement if:

Amendments to the Criminal Code of the Russian Federation 2022 Article 228

The bill is still posted on the government website, but apparently due to an oversight. Changes in the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation from March 30, 2021 On March 30, 2022, new editions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation come into force.

Lawyers and attorneys who are registered on the Russian Legal Portal will try to help you from a practical point of view in this matter and will advise you on all issues of interest. There And they shoot people for corruption, but we: we have petty thieves in prison and ministers and others are not subject to prosecution, maniacs and murderers are given shorter sentences than green boys for drugs. I agree 200%, I also went through this hardship, my condolences.

Presidential amendments to the Criminal Code of the Russian Federation on mitigation of punishments 2022

Statistics confirm that Russia occupies one of the leading places in the world in terms of the ratio of normal population to criminals, so the government should take all possible measures to adapt convicts to social life in freedom in order to adopt such amendments. It is believed that the mass release of prisoners will lead to a significant reduction in state budget expenses for their maintenance. The Commissioner for Human Rights of the Russian Federation, Ella Pamfilova, summarized the positive conclusion and stated her desire to join the project. It should be expected that amendments to parole in 2021 will be adopted in the near future according to the draft presented by the State Duma of the Russian Federation.

Changing the terms of parole is within the exclusive competence of the president and the adoption of changes in this area can be carried out solely on the basis of his order to amend the relevant laws. Thus, the legislator transferred a number of crimes provided for in Part 1 of Article 158, Part 1 of Article 159, Part 1 of Article 160 of the Criminal Code into the category of administrative offenses.

Are changes expected in 2021 to Article 228 of the Criminal Code of the Russian Federation?

According to the current provision of Article 80 of the Criminal Code of the Russian Federation, when applying a mild punishment, it is possible to replace most of the term, when committing a crime of moderate gravity - half, and a serious one - one third. Amendments to parole in 2022 provide for release under an amnesty when the sentence is commuted or the term of serving the sentence is reduced. Such measures are also applied as a matter of priority to cancer patients, pregnant women and disabled people, citizens who are raising children under 18 years of age or in need of support and care, and participants of the Second World War. How many will be released in 2022? According to the results of the statistical report, in 2021 there are about 800 thousand people in state custody in prisons.

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Changes in the Criminal Code of the Russian Federation from January 11, 2022 If such telephone messages negligently resulted in the death of a person or other serious consequences, then they will be punished in accordance with the new part 4. It provides for a fine of 1.5 to 2 million rubles or in the amount of wages or other income of the convicted person for a period of 2 to 3 years, or imprisonment for a term of 8 to 10 years. Checking the consequence “2.

New amendments to Article 228 of the Criminal Code of the Russian Federation in 2022

What will be the punishment for Art. 228 part 2, if they are tried for the third time, were they given probation twice before? July 28, 2022, 04:36, question No. 1328321 1 answer
Is it possible, after serving 2 years of punishment under Article 228 Part 2, to apply for a replacement type of punishment, in accordance with Article 80 of the Criminal Code of the Russian Federation? 28 August 2022, 22:06, question No. 1359658 5 answers
When can a person sentenced to 4 years be granted parole under Art. 228 hours

Explanatory note to the project The introduction of the specified qualifying feature will eliminate the significant gap in the sizes of narcotic drugs and psychotropic substances between the currently existing large and especially large sizes, approved by Resolution No. 1002 of 10. On January 1, 2022, amendments to the criminal code came into force. Amendments are expected in 2022 of the Criminal Code of the Russian Federation under Article 228 note 1 thanks to a group of persons by prior conspiracy; b) in a significant amount, - 4.

What's wrong with 228 of the Criminal Code of the Russian Federation:

The article is “folk” . Every year about 130 thousand people are convicted under this article. At least every fourth prisoner in Russia today is serving a sentence under 228.
The weight of a narcotic substance is considered to be the weight of the entire mixture, not just the active substance . “That is, if a person is detained with a highly diluted drug, he will respond in the same way as a person with a similar weight of pure active substance. This approach makes the crimes much more serious than they could be,” sociologist Kirill Titaev explained to Meduza.
There are many reasons to plant drugs . In addition to various kinds of mercenary purposes, the police themselves plant drugs in order to fulfill the plan to detect crimes. Or to “close down” a dealer who had been under surveillance for a long time, but at the time of his arrest he did not have any prohibited substances on him. The security forces suspected, in particular, the employees of the “City Without Drugs” of this, explaining the searches in the fund in 2012.
Drugs are not only planted, but also added . Government decree defines significant, large and especially large amounts for each type of drug. Depending on the weight of the seized substance, the suspect may face up to three years in prison, from three to 10, or from 10 to 15 years. Employees of the European University in a 2022 study came to an interesting conclusion that most often police officers seize the minimum amount of marijuana, hashish or heroin required to initiate a criminal case. As for heroin only, people from whom it was confiscated were much more likely to have a little more of it with them than is necessary for the more serious offense of 228 of the Criminal Code of the Russian Federation, and much less often - a little less. “At the same time, finding drugs to plant with the police is not a problem - often, when detained, the dealer manages to dump the powder and evades responsibility. It also happens differently - on the basis of obviously iron-clad evidence, it is enough to withdraw the minimum necessary for a serious article, and fill the rest for yourself. But the goods are available, and when needed, they put them into action,” a police captain anonymously told Lenta.ru.
Proving that you are innocent is very difficult . Ivan Golunov was lucky that he was a journalist and his case received publicity. In general, lawyers state that such crimes have a low standard of proof of crimes. Simply put, in order to bring charges under Article 228, the testimony of witnesses and operatives is sufficient. This is often reinforced by a sincere confession, which the detainee gives in exchange, for example, for an easier qualification. The situation is aggravated by the fact that police often bring “their” witnesses to arrests.

“It’s as if they deliberately carry so much with them more often that if they are detained, they will receive a more severe punishment,” says study author Alexey Knorre about the abnormal masses of heroin shipments seized by security forces.

Main news on the topic

“Vladimir Putin’s heart trembled.” How the Ivan Golunov case will change life in Russia

Immediately after the release of Ivan Golunov from house arrest, the head of the Accounts Chamber, Alexei Kudrin, publicly stated the need to reform Article 228. Later, the State Duma spoke about the upcoming amendments to the criminal article. They provide for a mitigation of punishment for possession of drugs without the intent to sell - that is, the transfer of such crimes from the category of serious to the category of moderate gravity. According to the authors of the bill, the amendments will reduce the number of falsified criminal cases.

However, lawyers believe that changing the second and third parts of Article 228 will not improve the situation.

State Duma amendments to Article 228 of the Criminal Code of the Russian Federation 2022

Changes in the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation from March 30, 2022 On March 30, 2021, new editions of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation come into force. The changes are related to the possibility of deferring punishment for crimes committed.

We explain using the example of Tashtagol resident Kolbasov and “Lessons of Jewish Studies” Live”: online from the project “1917. Free History" on Meduza. More than 400 people were detained throughout Russia on November 5. Calls about mining have been coming for two months; The FSB said that they were organized by four Russians from abroad. Rescuers lifted a helicopter and the body of one of the dead from the water 231, part 1 of Art. 228.1, part 3, article 30, paragraph “g”, part.

Amendments to Article 228 Part 2 entered into force

shall be 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 and with or without restriction of freedom for a term of up to one and a half years.

Criminal Code of the Russian Federation, Article 228. 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

Changes in 2021 article 228 part 2

The same acts committed on an especially large scale - Significant, large and especially large amounts of analogues of narcotic drugs and psychotropic substances correspond to significant, large and especially large amounts of narcotic drugs and psychotropic substances of which they are analogues. 228 of the Criminal Code of the Russian Federation changes March 2022 Were there any amendments to Article 228, Part 1 in 2022? and when were the last amendments? And what is the punishment? March 16, 2022, 00:38 Anna,

or other income of the convicted person for a period of up to three months, or compulsory work for a term of up to four hundred eighty hours, or correctional 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. It's easier to ask a lawyer! to our lawyers - it’s much faster than looking for a solution.

What amendments came out in 2022 under Article 228

The Council made a decision at a meeting of the State Duma on March 10, 2021, draft federal law N1015271-6 “On amendments to the Law of the Russian Federation “On the Protection of Consumer Rights” in terms of establishing additional consumer guarantees” (first reading) Your appeals are confidential, you You don’t have to introduce yourself to a specialist!

Art. 79 of the Criminal Code of the Russian Federation provides for conditional early release (PAROL) if conditions are met. Next year, it is expected that several changes will be made to the legislation on the issue of granting amnesty to those convicted of committing crimes earlier than the previously established period.

What amendments to the Criminal Code came out in 2022

Federal Law No. 203-FZ of July 26, 2022 On amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation The Criminal Code of the Russian Federation has been supplemented with new articles clarifying the types of fraud. The new version began to cover different areas: entrepreneurship, insurance, lending, payment cards, computerization. Article 303 of the Criminal Code of the Russian Federation was also amended. If evidence and operational materials are falsified, then employees of the Ministry of Internal Affairs will be held accountable.

For these purposes, the bill proposes to extend the provisions of Article 821 of the Criminal Code of Russia to persons sentenced to imprisonment for committing crimes provided for not only by the first, but also by the second part of Article 228 of the Criminal Code of Russia.