Art. 228 part 2 of the Criminal Code: punishment, sentence and comments

Article 228 of the Criminal Code states responsibility for the illegal transfer, sale (sale) or manufacture of narcotic, psychotropic substances and funds or their analogues. It is also a crime to consider any of these actions with plants and their parts, in which these compounds are present. This is the general composition of the deed. It is provided for in part one. Art. 228, part 2 establishes the qualifying signs of a crime. Let's consider them further.

Art. 228, part 2 of the Criminal Code of the Russian Federation

For the acts that are fixed by part of the first article under consideration, the guilty person can receive 4-8 years in prison. In this case, the court has the additional right to limit the freedom of the convict for a period of up to a year. Art. 228, part 2 of the Criminal Code provides for two qualifying signs. If they are available, sanctions for the crime are amplified. In particular, in Art. 228, part 2 of the Criminal Code, the liability is toughened if the transfer, sale or production of narcotic or psychotropic substances (substances), as well as plants or their parts, in which these compounds are present, was carried out:

1. In the remand prison.
2. In the building of administrative significance.
3. In an educational institution.
4. In public transport.
5. In the correctional institution.
6. At the objects of the underground, water internal, sea, air, railway transport.
7. In the sports center.
8. In the premises intended for leisure or entertainment.

Art. 228, part 2, the crime includes an indication of the method of dissemination of information that allows the transfer, sale or production of narcotic / psychotropic substances / agents, wild cultures (parts thereof) in which these compounds are present. The perpetrator will be held accountable if the specified acts are committed using the media, information-communication or electronic networks, including the Internet.

Art. 228, part 2: the sentence

For these acts, imprisonment and restriction of freedom of the culprit are also provided. In addition, the court can impose a fine on the perpetrator. Thus, if an act of a person falls under Art. 228, part 2, the punishment includes 5-12 years of prison with the restriction of the subject's freedom for up to a year or without it. As for the fine, the guilty person can be charged up to 500 thousand rubles. Or the amount equal to his salary (other income) for a period of up to 3 liters.

The nature of the crime

The act, the responsibility for which is provided for in Art. 228, part 2, refers to socially dangerous. As a factor, increasing its degree, is the direction of behavior, the serial acquisition of psychotropic / narcotic substances or analogues of these agents, plants (their parts), including these compounds, as well as their marketing and forwarding. The crime described in part one, refers to the grave. Acts qualifying under Art. 228, part 2 and 3, are considered particularly serious. As the subject of the crime are the means and substances of narcotic and psychotropic action, plants, their containing analogs of these compounds.

The objective part

It includes the illegal manufacture, transfer, sale of banned connections in public and specialized places. The latter include, in particular, pre-trial detention centers and correctional facilities. The public danger of committing the acts in question in public places is conditioned by the presence in them of a large number of citizens, including children. Acts for which responsibility is established in Art. 228, are illegal. Their illegitimacy manifests itself directly in their commission against the procedure for the legal turnover of these substances and funds, established in Federal Law No. 3.

Illegal production

It is understood as intentional actions, which are aimed at serial production of prohibited compounds of their chemical, plant and other substances. For example, manufacturing can be carried out on special equipment, in rooms adapted for this. Production may also include packaging of these substances. A criminal act is considered complete after the completion of the manufacture. In this case, in fact, the volume of psychotropic substances or narcotic drugs actually obtained will not be relevant for the qualification of the act under the article in question.

Sales and Distribution

Illegal realization is understood as any methods of gratuitous or compensatory transfer of prohibited connections to other persons. They include, in particular, donation, payment of a debt, exchange, sale, loan, and so on. To marketing also carry such way of realization, as injection introduction. Do not qualify as the sale of such acts as:

1. Getting rid of prohibited means by leaving them in some place or throwing them in a dump, in a garbage container and so on.
2. An injection of another person, if the substance belongs directly to the consumer.
3. Acquisition of the crime subject by the intermediary in a volume commensurate with individual consumption, at the consumer's funds, without obtaining the right to own the substances, if the actions are aimed only at assisting in obtaining, but not marketing.

Purpose

On its availability may indicate an agreement with the consumer or other circumstances. For example, they include:

• A large number of prohibited substances.
• Purchase for later sale.
• Specific packaging, through which a quick sale is provided.
• Industrial method of production.
• Acquisition by a subject who himself does not consume these funds.

The intent is expressed in the awareness of the public danger of the act committed and the desire to commit it.

Mediation

The act of a person assisting in the commission of a crime is qualified as complicity depending on whose interests they were in. In the event that the person selling the prohibited substances knows that the buyer will use them for other unlawful acts (to induce the consumption of third parties, for example), then his behavior is subject to qualification as aiding the further illegal actions of the acquirer. The crime will be considered completed after the transfer of the prohibited object to another person. The form of transfer to the qualification of influence has no effect.