Responsibility for drugs in Russia - 1BiTv.com

Responsibility for drugs in Russia

Problems of Russian legislation in the field of drug trafficking.


Responsibility for drugs in Russia


Of the 626,000 people in prison, about 25% are for drugs. Narcotic articles are the most “popular” in the police; they allow them to carry out the plan for disclosure and "put sticks".

The main problem of the Russian legislation in the field of drug trafficking is the flagrant transfer of responsibility from distributors to consumers; it’s much easier to shut down a smoke or dance fan than to identify complex patterns of criminal communities smuggling and marketing on an industrial scale. In addition, in our country there is no division into light and heavy substances: for a bag of grass you can get as much as for a horse dose of heroin, which can be turned into a zombie dozens of people.

Numerous studies by European and American scientists clearly show that the criminal fight against drug use is a dead end in law enforcement. It is necessary to develop social work, to prevent drug trafficking near schools and institutes, to put prohibitive barriers for consumers when entering high schools or getting prestigious high-paying jobs. But do not plant!

In countries where the storage of small doses is partially decriminalized (for example, the Czech Republic, Portugal), the number of drug-related violent crimes has decreased significantly. However, even after the Golunov case and timid attempts to enact a law on easing criminal liability for storage, the system did not give up. Our president spoke out against such a “bold” initiative.

I do not want to touch upon the topic of morality in this article; let everyone decide how and what to take, smoke, drink. My task is to analyze the specifics of the application of administrative and criminal law by practical examples, showing the possible consequences, violations and arbitrariness of law enforcement agencies that use drugs to carry out a paper “plan”.

The quarterly disclosure report in the district police department is dozens of broken human lives. I am sure that many object to such studies, perceiving them as assistance to drug addicts and sellers of death. They can be understood. But I think that it is categorically unacceptable if for a package of grass weed a person is planted for 5 years, and for a drunk accident with a murder (you can’t name it in another way) at 2.5 in a settlement colony, read the pioneer camp. Or they give 4 years of probation for rape "on reconciliation with the victim." I don’t even want to talk about bribes.
Responsibility must be commensurate with misconduct.

WHAT IS DRUGS FROM THE POINT OF VIEW OF THE LAW

The list of illicit drugs is established by government regulations. This decree dated 10/01/2012 No. 1002 and dated 06/30/1998 No. 681. They provide an exhaustive list of substances and their precursors for which responsibility arises.

Types of Responsibilities:
1) Administrative for consumption (6.8-6.9 Administrative Code)
2) Criminal custody (article 228 of the Criminal Code)
3) Criminal for sales and smuggling (Articles 228.1 and 229.1 of the Criminal Code)
4) Criminal for cultivation and cultivation (article 231 of the Criminal Code)
5) Criminal for disposition to consumption (Article 230 of the Criminal Code)

In our country, there are only two factors that affect the severity of responsibility: the quantity and purpose for which the drug is in possession - for consumption or sale.

By size, the law establishes three sizes: significant, large, especially large. In the table below, we will see the most “popular” substances:




Significant Substance, gr. Large, gr. Particularly large, gr.

Cannabis (marijuana) 6 100 100000

Hash 2 25 10 000

Ecstasy 0.5 5 1500

MDMA 0.6 3 600

Cocaine 0.5 5 1500

LSD-25 100 mcg 5000 mcg 100000 mcg

Mushrooms (psilocybin) 10 100 10000

Mescaline 0.5 2.5 500

DMT 0.5 2.5 500



Important! For all of the above substances, except marijuana, the weight of the mixture, not the pure substance, is taken into account. This does not mean that a pinch of powder can be thrown into a bag of flour and it will be a particularly large size. In each individual case, the mixture is investigated and the possibility of the appearance of effects from its use is evaluated. There are cases that the seized substance is non-narcotic, but a mixture of various drugs and chemicals with a microscopic content of the drug; in this case, liability does not occur. True, rarely.

According to marijuana: the seized grass is estimated by dry weight after drying to a constant weight at a temperature of 110-115 degrees. Any tales of PPSnikov about 3 years in one jamb are tales.


TYPES OF RESPONSIBILITY. WHAT MAY BE IMPOSED AND FOR HOW MUCH

Article 228 of the Criminal Code of the Russian Federation - illegal acquisition, storage, transportation, manufacture without a marketing purpose.
1) If the drug is less than a significant amount, there is no criminal liability. From the word in general. Bring to administrative responsibility under articles 6.8, 6.9 of the Administrative Code of the Russian Federation - a fine of 4 to 5 thousand or arrest for up to 15 days
2) If found from significant to large size - up to 3 years in prison. For the first time in most cases, a fine of up to 40 thousand or a suspended sentence
3) From large to very large - from 3 to 10 years. I’m not considering a particularly large one; a person with 1.5 kilograms of cocaine in a backpack is not my target audience. Article 228.1 of the Criminal Code of the Russian Federation - sales.

To begin with, what is marketing in general.

Sale, according to the Supreme Court (quote): the activities of a person aimed at the paid or gratuitous sale of a drug (sale, donation, exchange, payment of debt, lending, etc.) to another person. At the same time, the transfer by the person of the realized means, substances, plants to the acquirer can be carried out by any means, including directly, by reporting the place of their storage to the acquirer, holding a bookmark in the place provided with it, and administering an injection.

1) There is no lower limit for sales. Even if caught with a quantity less than significant
size - from 4 to 8 years
2) Sales from significant to large - from 8 to 15 years
3) From large and farther - from 12 to 20 years

Drug smuggling - 229.1 of the Criminal Code of the Russian Federation. This seems to be a distant article, but ... An incredible number of cases are initiated at almost any international airport. Someone out of ignorance, someone out of stupidity drags along “a little” and with surprise finds himself detained at customs control. Flights from Amsterdam, India, Prague, with a transfer from South America - a target group for operatives. They bring tea with coca leaves, space cakes, mushrooms, not to mention the bags with different substances forgotten in clothes.

There is no lower limit, any number is an article.
1) Less significant - from 3 to 7 years
2) From significant to large - from 5 to 10 years
3) Large and further - from 10 to 20 years

Regarding illegal cultivation (230 of the Criminal Code of the Russian Federation), it should only be noted that criminal liability arises if a gardener grows from 20 bushes of hemp or from 20 mushrooms or from 2 cacti or 4 cocaine bushes.

WHAT HAPPENS WHEN DETAINED. HOW TO TELL YOURSELF

We will consider three cases:
> Drugs tossed
> Drugs didn’t throw, they were
> Drugs did not throw, they were, but still topped up

General rules for detention:
1) It is easy to say, but harder to do is to maintain Olympic calm. No complaints, screams, screeches, insults and threats do not impress the police. They hear it every day many times. Threats and violence against a police officer - separate article
2) Do not be rude, do not resist, do not threaten. It is polite to demand to present certificates and try to write down the name and number of certificates, number of cars, find out the name of the unit and the phone number of the person on duty
3) Polite to demand an explanation of the reasons and reason for the detention
4) Request permission to call relatives / friends / lawyer and describe in detail the circumstances of the detention, the place and data of the unit where they will be taken
5) To inform that explanations and testimonies on the merits of the case will only be given to the police in the presence of the investigator and his lawyer, the lawyer by appointment is not needed (forgive me colleagues, but in 99% of cases they either do nothing or make it worse). On site, do not say anything but personal data, phones of relatives
6) Everyone has the right to refuse any lawyer at any time. Imposed lawyer equals police officer
7) Do not plead guilty, report that the detention is regarded as unlawful, do not take anything on yourself, do not give any explanation whatsoever on the substance of the detention. In no case do not say words like “asked to convey”, “I’m not taking it to myself”, “I don’t use it myself, it’s for friends”, “why do I need it, I just drink it”, etc. - can be said for sales
8) Carefully monitor and remember everything that happens around, any little things and nuances that, in your subjective opinion, may come in handy. The lawyer will then decide what is needed.
9) In no case do not pick up anything, especially packages and bags, regardless of whether it is yours or not. They will insist on it, provoke, threaten (hold on a second, oh look what it is, quickly took it) - do not take it
10) Closely monitor the witnesses. If they are friendly with the police, pay attention to this and remember
11) If you didn’t put handcuffs on your hands, keep your hands in your pockets, constantly control your pockets, as well as bags
12) To the question of what to do if they beat, there is only one answer - to be silent, tolerate and seek
meetings with relatives and your lawyer. There is no magic pill.


DECORATION OF PROTOCOLS DETAINED

There are two opinions regarding the protocols drawn up during detention:
1) Do not sign anything at all - in this case, the detainee verbally declares his refusal to sign the protocols and makes written comments on the protocol, while having the right to verbally state comments, objections and his arguments, which, by law, should be recorded in the minutes by the police officer
2) Sign, but wisely. What is wisely:
• read cover to cover, including small print
• if vision is poor and there are no glasses - report it and put it on the record
• avoid gaps in the protocol, close them with a Z
• at the stage of reading the protocol, require all those present to present certificates and passports (witnesses) to verify the data entered in the protocol
• insert all available comments and objections into the relevant column of the protocol; if there is not enough space, require an additional sheet. If you didn’t give it, immediately write down that you were deprived of the right to make comments, refusing to issue an additional sheet
• make information about violations during detention, physical abuse, pressure and threats
• write: “before the detention he was in clean clothes, had a neat appearance, the clothes were not damaged. Before the arrest, there was no bodily injury ”and enter the bodily injuries and damage to clothing, if they occurred during the detention
• option 1 (if the drugs were planted): “the white substance in a plastic bag about 2 cm by 3 cm in size, which appears in this protocol, does not belong to me, its origin is unknown to me, it was planted to me. I demand to provide an opportunity to call my lawyer and report the detention to my relatives ”
• option 2 (if you’ve added it): “I can’t explain anything about the white substance in a plastic bag about 2 by 3 cm in size, I don’t know its origin. I saw one of the people present during the detention adding something to this plastic bag.

I demand to provide an opportunity to call my lawyer and report the detention to my relatives ”
• option 3: “I can’t explain anything about the white substance in a plastic bag about 2 by 3 cm in size, I don’t know its origin. I demand to provide an opportunity to call my lawyer and report the detention to my relatives ”
• do not write in the protocol “about the drug” - describe how the substance, color, packaging.

How do you know what's inside
• no need to write in the protocol “I threw drugs (filled me up) here is a man who introduced himself like that”. Creating reasons for accusing a deliberately false denunciation is superfluous. And so it’s understandable: if they threw (topped up), then everyone involved in the detention was involved in this
• MANDATORY ORDER to check the protocol for any words that directly or indirectly indicate that the detainee had substances not for himself, but for transmission.
Note in the protocol that this was not said and these entries are not true.

ON THE CHOICE BETWEEN THE REFUSAL TO SIGN AND SIGN THE PROTOCOLS

Supporters of refusal to signify their position as follows:
- the detainee is not a professional criminal lawyer and may write too much or miss something important that subsequently cannot be corrected
- the detainee is in a state of stress and is not able to adequately assess the situation; he can succumb to persuasion or pressure from the police and sign papers where he makes a reservation of himself.

Supporters of the signing believe that the refusal can lead to the appearance in the protocol of information incriminating the detainee, which then, given the large number of witnesses from the prosecution (operatives, witnesses), it will be difficult to refute.
In addition, the question arises of affixing a signature to the packaging in which the seized substances are placed and sealed.

Important note: there may be several protocols (seizure, detention, inspection of the scene), it does not make sense to go into details. You need to check every paper thoroughly.

I suggest the following algorithm:
- Ask to study protocol (s). They didn’t give, they rudely demanded to sign where necessary - not to sign.
- If you let me know, tell me that you want to make comments, additions, ask for an additional objection sheet. If you refused to add an additional sheet, make an entry about it in the field for comments and additions, enter the most important: not mine, tossed (see above).
- If it is completely forbidden to enter additions, cross out gaps - do not sign
- If you gave me the full information and additions, answered all the questions, clarified the incomprehensible spelling, allowed me to close the empty spaces of the protocol, did not beat, did not threaten - you can sign the protocol (s) by re-reading every word. But before the signature, make all your objections, comments, additions. If possible, with your own pen
- If a video is being made, then your words will be recorded
- If drugs are planted - do not sign on the package
- In other cases, it makes sense to sign only if they put in the package exactly what was actually withdrawn, and not more.

UNKNOWN FACTORS THAT STRENGTHEN RESPONSIBILITY

Imagine the situation:
a young man in a club found a bag with a brown substance. A rapid test showed that this substance is MDMA weighing 2 grams. From the table above, we can conclude that this is a storage in a significant amount, that is, under article 228 up to 3 years, and you can get away with a fine for the first time.

Imagine almost the same situation:
a young man in a club found a bag with a brown substance. An express test showed that this substance is MDMA weighing 2 grams, packaged in capsules of 0.1 grams, that is, only 20 capsules. The rapid test for the content of drugs in the body of the detainee did not show the presence of drugs. But swabs and subungual tests showed a positive result.

It seems all the same: drug, weight. But there is packaging, and the detainee did not take drugs.
In this case, our police always try to “sew” an attempted sale. Hiding behind, by the way, the position of the Supreme Court. And this is already with such a quantity - from 8 to 15 years.

Reasons:
1) packaging
2) Excess single dose of 15-20 times
3) He doesn’t use it himself, but he packed it up - there is substance on his hands
4) If, God forbid, he said that it’s not for himself (not only for himself), but for someone else, then everything - the “large-scale attempted sales attempt” squad is ready
5) In addition to this, as in the Golunov case, the scales found during the search indicate the sale.

ATTENTION!
- If one person asked the second to simply transfer drugs to a third party (without money), then this is still a sale
- I wrote about the situation with smuggling above - crossing the customs control line at any border crossing is no longer storage, but smuggling, and with any amount of substance
- If someone on a foreign site ordered a drug-containing substance (mate de coca, fondant with coca leaves, cannabis oil, etc.) - this is smuggling. Accepted by international mail. If you say what a friend asked - a group and maybe a sale
- If one person persuaded another to try the drug, because it’s cool, fun, not scary, but this is a tendency to use - article 230 of the Criminal Code, up to ... years. If two or more people - up to ... years. If the person who took the drug died while doing this - until ... years. It’s a pity that they don’t put in vodka ...
- If convinced to try and sold - sales + decline
- In all cases, if I said under the protocol that I didn’t imagine it was a sale. There is a significant difference between “NOT MY” and “NOT YOURSELF”
- Sent the substance by mail to someone - 100% sale.

CONCLUSION: DO NOT RECOGNIZE, DO NOT TAKE ANYTHING, REFUSE
WITNESS AGAINST YOURSELF, REQUEST A LAWYER, REQUEST NOTIFICATION
OF RELATIVES, REQUIRING TO MAKE YOUR OBSERVATIONS AND ADDITIONS TO THE PROTOCOLS, NOT
TESTING ON PROVOCATION OF TYPE “ACKNOWLEDGE THAT IT IS NOT FOR YOURSELF - WE WILL LET IT OFF” - THIS IS SALES!
DO NOT ACKNOWLEDGE - IT IS NEVER LATE TO DO IT, BUT VERY OFTEN IT'S SOON
OR DO NOT NEED AT ALL!



04.06.2020 09:49:39
(Automatic translation)



Roman Norman

Lawyer



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