228 part 1 of the Criminal Code of the Russian Federation. Narcotic and psychotropic substances


N 494-FZ) (see text in the previous edition) b) using the media or electronic or information and telecommunication networks (including the Internet), - punishable by imprisonment for a term of five to twelve years with a fine in the amount up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years or without it and with or without restriction of freedom for a period of up to one year. 3. Acts provided for in parts one or two of this article, committed: a) by a group of persons by prior conspiracy; b) in a significant amount - shall be punishable by imprisonment for a term of eight to fifteen 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 restriction of freedom for a term of up to two years or without it. 4.

Article 228.1 part 4 paragraph “d”

Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, 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 - shall be punishable by imprisonment for a term of ten to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it. Article 228.1 part 4 paragraph “g” is the sale of drugs on a large scale.

Part 3 art. 30, paragraph “d”, part 4, article 228.1 of the Criminal Code of the Russian Federation - this is an attempt to sell drugs on a large scale. Article 228.1 part 4 of the Criminal Code of the Russian Federation is presented in the current version.

What is the deadline under Article 228, paragraph 1, part 4 d?

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Hello, I was detained under Article 228, paragraph 1, part 4. How many years can they be given, given that a person has not been prosecuted, has not been convicted, and is a citizen of another country, can one count on a suspended sentence? Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been addressed, try looking here:

  • Why can they be fired under Article 77, paragraph 1, part one?
  • What punishment can be given under Article 228 Part 1 Part 2

Lawyers' answers (5)

  • All legal services in Moscow Return of defective goods Moscow from 5,000 rubles.

Support of real estate transactions in Moscow from 40,000 rubles.

Is it possible to hope for a suspended sentence under Part 4 of Article 228.1 of the Criminal Code of the Russian Federation?

If, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a term of up to eight years, the court concludes that the convicted person is capable of correction without actually serving the sentence, it decides to consider the imposed punishment conditional. As the court should accept such a decision, when assigning punishment. If a person is already practically serving his sentence, then Article 79 is applied. Conditional early release from serving a sentence of the Criminal Code of the Russian Federation.

Your question: Article 228 Part 1 4 Hello! This is the question: the girl is accused of Article 228.1 part 4, she turned herself in and is cooperating with the investigation. Can you count on conditional? If not, can they give a deferment until her child turns 14? He was caught in Nefteyugansk, but lives in Tobolsk.

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  • A criminal case has been opened against me under Article 228.1 part 4 paragraph “G”, I am accused of selling narcotic drugs on a large scale by prior conspiracy. I was detained on 11/29/13 by employees of the State Tax Committee, I took the “stash” with the shipment and was leaving the entrance, (I was with a girl, but they didn’t find anything on her and she became a witness in the case), they caught me and took me to the car, where they confiscated me in the presence of witnesses , ziplock bags (86 grams in total), telephone, credit cards, money.
    I decided to make money by working as a pawnbroker, that is, I had to pick up a large shipment and put it into bags. They took me to the department, at the time of the crime I was 17 years old, after 3 hours of being in the department, they decided to call a legal representative.

Article 228 1 part 4 paragraph d how much it threatens

Info

He even admits his guilt that he uses and he was charged with article part 4, possession of distribution on a large scale!!! Is it possible to do something so that it is conditional??? Lawyer's response: Hello! The large size depends on the weight, which means the weight was enough for the st. 228.1 of the Criminal Code of the Russian Federation, Article 228.1. Illegal creation, sale or transfer of narcotic drugs, psychotropic substances or their analogues1.


Attention

Illegal creation, sale or transfer of narcotic drugs, psychotropic substances or their analogues - is punishable by imprisonment for a term of 4 to eight years.2. The same acts committed: a) by a group of persons in a preparatory conspiracy; b) on a large scale, are punishable by imprisonment for a term of 5 to 12 years with a fine in the amount of up to five hundred thousand rubles or in the amount of the salary or other income of the person convicted of period up to 3 years or without such.3.

Article 228.1 part 4 paragraph d how much it threatens

Cooperates with the investigation, young 19 years old, good characteristics. Is it possible to have a term of less than 10 years? Lawyer's answer: Criminal Code of the Russian Federation, Article 64.
The purpose of a more lenient punishment than expected for a given sin1. In the presence of exceptional events related to the goals and motives of the crime, the role of the culprit, his behavior during or after the commission of the crime, and other events that significantly reduce the degree of public threat of the crime, as well as with the active assistance of a participant in the group crime in the disclosure of this crime, punishment may be imposed below the lower limit provided for by the corresponding article of the Special Part of the Real Code, or the court may impose a more lenient type of punishment than provided for by this article, or not apply an additional type of punishment provided for as irrevocable.2.

Article 228.1 of the Criminal Code of the Russian Federation, part 4, paragraph “D” and paragraph “B”, part 3 of Article 228.1 of the Criminal Code of the Russian Federation - this is the sale of drugs. Article 228.1, part 3, paragraph “B” is the sale of drugs in a significant amount.

Punishment under Part 3 of Article 228.1 of the Criminal Code of the Russian Federation is imprisonment for a term of 8 to 15 years. Article 228.1 of the Criminal Code of the Russian Federation, part 4, paragraph “G” is the sale of drugs on a large scale.

Punishment under clause "G" part 4 of article 228.1 of the Criminal Code of the Russian Federation is imprisonment for a term of 10 to 20 years. The prefix part 3, article 30 means assassination attempt. Part 3, Article 30, paragraph “G”, Part 4, Article 228.1 of the Criminal Code of the Russian Federation is an attempt to sell drugs on a large scale.

Punishment under Part 3 of Article 30, Part “G”, Part 4 of Article 228.1 of the Criminal Code of the Russian Federation - imprisonment for a term of 10 to 15 years. Recommendations from a lawyer in Moscow for defense in criminal drug cases are here.

Good afternoon Based on a tip from an unknown person that I was distributing drugs (cannabis, butyrate and amphetamine), they accepted me near my house, I had 9 MDMA tablets with me with a total weight of 3.20, in one cigarette bag. I gave it out myself. Frightened and out of ignorance, she said that these drugs were for herself and to treat her friends.

The investigator reclassified possession as attempted sale under 228.1 part 4 “d”. During the investigation, I participated in a test purchase in a club, after which 2 people were arrested as a group, hucksters. Also at this event, about 100 grams of drugs were found. All this is recorded in the case and stated in the indictment.

I'm subscribed. Certificates from work, positive references, registration and characteristics at the place of residence are all there. At the first meeting, the FSKN department petitioned with a letter from the authorities saying that I was actively helping them and was improving.

Your question: Article 228 1 Hello, 2 days ago my husband was sentenced under Article 228.1 part 4 to 10 years and 6 months. The lawyer is dissuading him from filing an appeal, arguing that the prosecutor’s office can file a complaint against the judge who handed down a sentence that was too lenient. The prosecutor asked 18 years in prison. Please advise what to do. Lawyer's response: Hello. The small sentence under this article is 10 years.


In this case, the logic of your spouse’s lawyer is clear. But if you have sufficient grounds to challenge Part 4, then filing an appeal would be appropriate.


Your question: A person was sentenced under Article 228.1 part 4 for five years. Can Article 73 be applied to him for probation???? Lawyer's response: Good afternoon! According to the provisions of Part 1, Art. 73 of the Criminal Code of the Russian Federation: 1.
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, - Update date: 04/07/2014 For the current version, see the website WWW.GARANT.RU© NPP GARANT-SERVICE-UNIVERSITY LLC, 2014. The GARANT system has been issued since 1990. Punishable by imprisonment for a term of ten to twenty years with deprivation of the right to hold certain positions or engage in certain 5.
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 - shall be punishable by imprisonment for a term of ten to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it. 5.

“Drug crimes” are one of the most painful topics in Russia. The Criminal Code contains 11 articles related to drugs in one way or another. The already famous Article 228 of the Criminal Code of the Russian Federation reads as follows: “Illegal acquisition, storage, transportation, production, 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." Below is a detailed description of this article. It is important to know: criminal lawyers have long known that drugs are the most convenient thing for an investigator when it comes to making good statistics on detection rates.

If you are caught under Article 228 of the Criminal Code of the Russian Federation for the first time

Attention

In the first case, the statute of limitations is 6 years, in the second - 10 years from the date of commission of the crime. If the person who committed it hides from court, the statute of limitations under Art. 228 is suspended and resumed from the moment of his arrest or surrender. Article 228 of the Criminal Code of the Russian Federation, Part 2-4 Part two of this article concerns persons who, according to their official position, are obliged to strictly observe the rules for storing and transporting drugs containing narcotic substances.


If there was a violation, the person who is guilty of this pays a fine or is sent to community service. In this case, the culprit is forever deprived of the right to work in certain positions. If the improper storage of drugs was complicated by causing harm to one or more people or was committed intentionally for personal gain, liability is provided in the form of imprisonment.
According to the third part of Art.

Checking the investigation. It will become more difficult to extend the arrest.

A.A. committed illegal possession without the purpose of selling narcotic drugs on a large scale (2 episodes). A sentence of imprisonment for a period of 1 (ONE) year and 6 (SIX) months probation was imposed. The case was considered by the Butyrsky District Court of Moscow in a special order. PRI G O V O R In the name of the Russian Federation October 19, 2010


Butyrsky District Court of Moscow composed of: presiding judge G.A. Loginov. - individually, with the participation of: state prosecutor - assistant prosecutor of the Butyrskaya Interdistrict Prosecutor's Office of Moscow Khachaturova I.S. defendant Grigoryan A.A., his defense lawyer – lawyer Novoselov-Chursin S.S., with secretary Yarovaya Y.K., having examined in open court the materials of criminal case No. 1-686/10 in relation to: GRIGORYAN A.A.,<данные обвиняемого в совершении преступлений, предусмотренных ч.1 ст.228 УК РФ (два эпизода), У С Т А Н О В И Л: Григорян А.А.

228 - how to get the minimum punishment.

Important

There was storage for one's own use. But the work didn't end there. The lawyer did not allow the witness to come to interrogations alone. The lawyer accompanied the witness at each interrogation. Thanks to this, the investigator was unable to “extract” the necessary testimony from the witness.


Info

As a result of all these actions, the investigator had to change the article - now the charge was under the “soft” Article 228. This was already a victory. And a complete victory occurred in court, when the sentence was announced - 3 years and 9 months probation. Instead of 20 years in prison - 3 years and 9 suspended sentences. And how many “tosses up” there are! How many “of their own” drug sellers are there, who at the right moment “hand over” to the investigator a drug addict who has just bought a “dose” - after all, the investigator needs to make statistics.


How many cases when they find a small dose, but they give you to sign a protocol where a large or especially large dose is indicated.

Article 228 of the Criminal Code of the Russian Federation

It is important to know: for minor crimes you can actually get a suspended sentence. But this also requires the participation of a lawyer, who will convince the court that imprisonment is not required, that a suspended sentence can be done. For Part 2 of Article 228 of the Criminal Code of the Russian Federation (large size):

  • imprisonment from 3 to 10 years;
  • imprisonment from 3 to 10 years with a fine of up to 500,000 rubles;
  • imprisonment from 3 to 10 years with restriction of freedom up to 1 year.

This is a serious crime.
Part 3 of Article 228 (especially large size):

  • imprisonment from 10 to 15 years;
  • imprisonment from 10 to 15 years with a fine of up to 500,000 rubles;
  • imprisonment from 10 to 15 years with restriction of freedom up to 1.5 years.

A particularly serious crime. It is important to know: it is more honorable and profitable for an investigator to solve a serious crime.

Article 228 part 1 of the Criminal Code of the Russian Federation. verdict_3

The court did not establish any circumstances aggravating the punishment FULL NAME1. Taking into account the degree of public danger of the crime, data on the identity of the defendant, FULL NAME1, who was brought to criminal responsibility for the first time, committed a crime of minor gravity, but related to illegal drug trafficking, has a permanent place of work, is not registered in the ND and PND, in accordance with According to the findings of the outpatient forensic psychiatric examination carried out on him, he does not suffer from drug addiction and alcoholism, does not require treatment for drug addiction and alcoholism, as well as a set of medical and social rehabilitation measures (ld.

Art. 228 Part 2 of the Criminal Code of the Russian Federation: punishment, sentence and comments

In addition to the size of the transaction, the object of which is drugs, Art. 228 Part 1 of the Criminal Code of the Russian Federation determines the term, taking into account other nuances that affect the severity of the punishment. Article 228 part 1 of the Criminal Code of the Russian Federation According to Article 228 part 1 of the Criminal Code of the Russian Federation, the sentence is determined according to several parameters. According to a certain paragraph of part one of this article, a person who sells or transports narcotic substances in any form may be imprisoned for a term of 4 to 8 years. The second part of the first paragraph states that the sale of drugs in public places, correctional institutions, airports, railway and sea stations, sports facilities and so on is punishable by a term of five to twelve years. Group drug trafficking carries a penalty of eight to fifteen years in prison and a significant fine. An even more severe punishment under Art.

How to defend yourself if accused under Article 228 of the Criminal Code of the Russian Federation

If the accused has not reached the age of majority. Coercion, threat to life. Difficult life circumstances that prompted the commission of a crime. Presence of a serious illness at the time of investigation. Sincere repentance, assistance to the investigation, attempts to correct and make amends for the harm caused to the victim, confession, and compensation for losses are also taken into account by the court and can serve as mitigating circumstances. The most difficult thing to prove is an uncommitted crime - if the drugs were planted without the knowledge of the accused. In order to prove your innocence, it is worth hiring an experienced lawyer. You shouldn’t give up or try to cope on your own – a lawyer has a better chance of helping.
For each psychotropic and narcotic drug, depending on the concentration of the intoxicating substance in it, significant indicators are established on an individual basis. For example, a significant amount of cannabis is 6 g, hashish is 2 g, heroin is 0.5 g, and JWH-018 is 0.01 g. The offender may face:

  • a fine of up to 40 thousand rubles or in the amount of the offender’s income for a period of up to three months;
  • up to 480 hours of compulsory work;
  • up to three years of correctional labor;
  • up to three years of restriction of freedom;
  • up to three years in prison.

The sentence is imposed depending on the severity of the crime, taking into account mitigating and aggravating circumstances.
The easiest options are restriction of freedom or a fine. Restriction of freedom, in accordance with Art.
The court considers it possible to pass a verdict in this case without a trial, since FULL NAME1 is accused of committing a crime, the punishment for which does not exceed ten years in prison, in addition, the defendant is aware of the nature and consequences of the stated petition; prior to his application, a consultation was held with a defense lawyer. The court, having studied the case materials, comes to the conclusion that the defendant is guilty of the act accused of him. The charge brought, which the defendant agreed with, is justified and confirmed by the evidence collected in the case.
The actions of FULL NAME1 are subject to qualification under Part 1 of Article 228 of the Criminal Code of the Russian Federation as illegal acquisition and storage without the purpose of selling narcotic drugs in a significant amount.

Article 228 part 1 what will happen if I sign the verdict

Article 228 of the Criminal Code formulates liability for the illegal transfer, sale (sale) or production of narcotic, psychotropic substances and drugs or their analogues. Any of the specified actions with plants and their parts in which these compounds are present is also considered a crime. This is the general composition of the act. It is provided in part one.

Art. 228, part 2 establishes the qualifying elements of the crime. Let's consider them further. Art. 228, part 2 of the Criminal Code of the Russian Federation For acts that are recorded in part of the first article under consideration, the guilty person can receive 4-8 years in prison. In this case, the court additionally has the right to restrict the freedom of the convicted person for a period of up to a year.

Art. 228, Part 2 of the Criminal Code of the Russian Federation provides for two qualifying criteria. If they exist, the sanctions for the crime are increased. In particular, in Art. 228, part.

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 of the Criminal Code of the Russian Federation: punishment

Article 228 contains not only sanctions for drug trafficking, but also some explanations. In particular, the possibility of exemption from liability is noted if a citizen voluntarily donates the available drugs. In the event that a person was detained and one of the means specified in the disposition of the article was confiscated, this is not considered a voluntary surrender.

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

In the officially current provisions of Russian legislation, the process of using narcotic drugs without a special prescription provides only for an administrative penalty - a fine. But, when considering the case of the accused, paragraphs of Art. 228 of the Criminal Code. And this entails illegal actions for the acquisition, storage or transportation of intoxicating compounds. Found substances are considered in large, especially large or significant volumes. In this case, the sale of goods is not taken into account.

Article 228 part 1 punishment 2019

- upon conclusion pre-trial cooperation agreement, if the relevant article of the Special Part of this Code life imprisonment or death penalty is provided, these types of punishment are not applied. In this case, the period cannot exceed two thirds maximum period.

Amendments to the Criminal Code of the Russian Federation 2019 Article 228

Accordingly, it is necessary to more actively apply mechanisms of legal incentives to such persons to give up drug use in order to timely return drug users to a normal lifestyle. The foregoing fully demonstrates the need to transfer the least dangerous crimes related to the possession of drugs without the purpose of sale to the category of less serious ones.

Article 228 part 1 of the Criminal Code of the Russian Federation

The dimensions are determined based on the category to which the prohibited substance belongs. As an example, we can cite the maximum weight of the most common psychotropic drugs and drugs. So, for marijuana, 6 grams is a significant amount, and for heroin, which is stronger and more dangerous in its effects, it is only 0.5 grams.

Part 2, Article 228 of the Criminal Code of the Russian Federation

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.

Changes in drug legislation Article 228 and 228

So, the Federal Law, as amended, involves making changes to Articles 228 and 398. So, the words “part one of Article 228” will change to “parts one and two of 228.” In fact, these changes now cover not one part, but two; the changes, of course, are cardinal, since qualification no longer provides for one act, but several.

Article 228 of the Criminal Code of the Russian Federation Drugs and the Law

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.

Article 228 of the Criminal Code of the Russian Federation

Article 228 of the Criminal Code is one of the main norms of Russian legislation regulating the sphere of circulation and use of narcotic drugs. What types of responsibilities does it provide? Is it possible to be convicted under Article 228 of the Criminal Code of the Russian Federation just for drug use?

Article 228 part 1 - What is “shine” for me? Do I need a lawyer

I agree that without knowing the case for sure, it is not possible to say whether it makes sense to contact a lawyer or not. You will not be given a more severe punishment than 3 years of imprisonment. But don’t really hope that your punishment will be considered suspended, since a preventive measure has been chosen against you in the form of detention! this plays a significant role! but still, in theory, it is possible that the punishment will be conditional; of course, one can not lose hope for this. But nevertheless, in order for the term of imprisonment to be shorter, it is necessary to say in court that you actively contributed to the detection and investigation of the crime, if there are young children, then about this too, if there are dependent people who are incompetent, also not to remain silent about this (provide evidence confirming this fact documents), if you have health problems, you must provide a certificate, say that you have not been previously convicted, also provide references from your place of work, residence, or leisure activities; if you have certificates for achievements in sports and other areas, also provide.

Article 228 of the Criminal Code of the Russian Federation

Analogues of narcotic drugs and psychotropic substances include substances of synthetic or natural origin prohibited for circulation in the Russian Federation, not included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, the chemical structure and properties of which are similar to the chemical structure and with properties of narcotic drugs and psychotropic substances, the psychoactive effect of which they reproduce.

Changes in 2019 article 228 part 2

The Council decided to consider bills in the first reading at meetings of the State Duma on Fridays in accordance with Part 7 of Article 118 of the Rules of the State Duma at a fixed time (17 hours 30 minutes). The Council made a decision at a meeting of the State Duma on March 10, 2019, 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)

Criminal Code (Article 228 of the Criminal Code of the Russian Federation as amended

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 by restriction of liberty for a term of up to three years. , or imprisonment for the same period.

Article 228 Part 1 of the Criminal Code of the Russian Federation

Due to the fact that narcotic substances are actively used in medicine and chemical production, residents of the country have the opportunity to access them in a given situation. If such a need arose, then in the second note to Article 228 Part 1 of the Criminal Code of the Russian Federation it is stipulated exactly what quantity of psychotropic substances is classified as “large quantities”. We are talking about an amount ten or more times higher than the one-time norm required for each specific case: treatment, production, etc. If you have questions about the amount of specific drugs or substances, in order not to get into trouble, it is advisable to consult with lawyers who have professional knowledge of how to contain Article 228 Part 1 of the Criminal Code of the Russian Federation, and one-time standards determined by the Government of the Russian Federation.

The difficulty of using this list lies in the fact that new substances appear that have an intoxicating and, more often than not, strong psychotropic effect, characterized by persistence, potency and instant addiction. Listing a new chemical or herbal drug takes a long time. In the meantime, while the substance is being studied, it will have time to spread over a large area. Therefore, today the task of the legislator is to ensure that the Federal Law takes these points into account and contains a unique description of the substance (including the chemical name) under which any narcotic drug could fit. Punishment under Part 1 For a crime committed in relation to life and health, the perpetrator must bear criminal liability.

What punishment is provided for a repeated violation under Article 228 Part 1 of the Criminal Code of the Russian Federation?

Article 56 of the Criminal Code of the Russian Federation states that for a crime of minor gravity, if it is committed for the first time, imprisonment cannot be imposed as punishment, with the exception of Article 228, Part 1. Therefore, going to prison under this article, even if you are caught with drugs for the first time, is a very real option.


In order to avoid criminal liability, it is necessary to know all the criteria and factors taken into account when a sentence is passed. Is it possible to avoid criminal liability? The law provides for the possibility of exemption from criminal liability for an offense falling under Article 228.
The note to the article contains a description of the conditions the fulfillment of which will help avoid punishment. Exemption from criminal liability under Art.

Article 228 part 1, what is the punishment for repeated involvement?

The Criminal Code of the Russian Federation provides for situations when drugs, which should be kept in specially designated places under special conditions, are located in the possession of a private person. As a rule, the perpetrators do not have the rights and powers to retain substances prohibited from free circulation on the territory of Russia.


Part 1. Transportation Transportation of drugs is also punishable by law. As with storage, the movement of substances should only be carried out by authorized persons.

In addition, any medical drug has temperature and other conditions under which it can be stored and transported so as not to lose its properties. Part 1. Manufacturing Article 228 provides for the very process of preparing narcotic mixtures, in contrast to other articles that talk about production.

If you are caught under Article 228 of the Criminal Code of the Russian Federation for the first time

Any form of illegal production, storage, processing and transportation of prohibited substances that have an intoxicating effect on humans is prohibited. Manufacturing and processing refers to any actions necessary to obtain a narcotic drug.
According to Art. 228, part 1, the use of psychotropic and narcotic drugs without a doctor’s prescription and all operations with drugs prohibited from free distribution are criminal offenses. But the first note to the article says that if a person, regardless of whether he accidentally or knowingly violated the law, surrenders the drugs in his possession voluntarily and takes an active part in detecting other persons carrying out illegal transactions with drugs, as well as in detecting the received profit from them, then he has a chance to be completely exempt from liability.

Articles 228 and 228.1 of the Criminal Code of the Russian Federation. terms of punishment.

For crimes of minor and medium gravity, according to Article 228, a suspended sentence of 2 months to 4 years is assigned as the main punishment. For a crime qualified by Part 1 of Article 228, the maximum period of restriction of freedom is 3 years.

Attention

Correctional labor is not a prison sentence; the convicted person remains free and contributes up to 20% of his income to the state. The person continues to work in the same place, and if at the time of sentencing he does not have a job, then the criminal-executive commission provides it to him.

The amount of deductions is established in court. Compulsory work is also carried out at the place of residence, after study or main work, up to 4 hours a day.

There is another type of work - forced labor, which resembles imprisonment, but this article does not provide for it.

What does Article 228, Part 1 threaten for the “first time”?

In the field of chemistry, there are many compounds that are now or have been used in medicine. In addition, many by-products of chemical reactions have become narcotic drugs, released to the general public illegally.

Important

If intoxicating or psychotropic drugs are purchased, stored or sold, the person committing these actions bears criminal liability. The sale or use of narcotic drugs for medicinal purposes is not considered a crime.


Letter of the Law There are several articles in the Criminal Code related to the unauthorized use of drugs. Among them is Article 228 of the Criminal Code of the Russian Federation. According to this provision, liability arises in the manufacture, acquisition or storage of narcotic drugs themselves, as well as their precursors and analogues or plants that contain these same substances.

Repeated violation of probation under Article 228ch2

For psychotropic and narcotic drugs used in medicine, liability begins if their size exceeds 10 or more times the single dose required for treatment in each specific case. To avoid getting into trouble, it is advisable for persons undergoing treatment with such drugs to consult with highly specialized lawyers who specialize in drugs. Often, young people also purchase prohibited drugs, having no idea about the possible consequences for them. Often young people try drugs out of curiosity or “for company.” And if it so happens that the unlucky consumer of intoxicants is detained, it is necessary to keep in mind that the desire to meet the law enforcement agencies counts in court.

Article 228 of the Criminal Code of the Russian Federation

Its scale depends only on the amount of narcotic drugs that have reached the citizen and are used by him (or are planned to be used). For a significant amount of the drug, expressed in grams, without conversion to the active substance, as stated in Article 228 of the Criminal Code of the Russian Federation, the punishment can be in the following options: - a fine of up to 40 thousand rubles; - compulsory work for up to 60 days (with a working day of 8 hours); - corrective labor for up to 2 years; - restriction of freedom for up to 3 years or imprisonment for the same period of time. In this case, each type of punishment must be applied separately. For example, the perpetrator is given only a fine or only imprisonment.

228 - how to get the minimum punishment.

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 trafficking in 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, they can commit any crime for their sake. According to Article 228 Part.

Article 228 of the Criminal Code of the Russian Federation: punishment. Article 228, part 1, part 2, part 4 of the Criminal Code of the Russian Federation

In the first case, the statute of limitations is 6 years, in the second - 10 years from the date of commission of the crime. If the person who committed it hides from court, the statute of limitations under Art. 228 is suspended and resumed from the moment of his arrest or surrender. Article 228 of the Criminal Code of the Russian Federation, Part 2-4 Part two of this article concerns persons who, according to their official position, are obliged to strictly observe the rules for storing and transporting drugs containing narcotic substances. If there was a violation, the person who is guilty of this pays a fine or is sent to community service. In this case, the culprit is forever deprived of the right to work in certain positions. If the improper storage of drugs was complicated by causing harm to one or more people or was committed intentionally for personal gain, liability is provided in the form of imprisonment. According to the third part of Art.