228 part 1 what will happen. they have to get a job for a pelepsik, the groups don’t give him a job even though he was in hospital twice

The circulation of substances and plants that have an intoxicating or psychotropic effect is under strict control by the state.

But drug trafficking can be either legal or not. The rules for the first case are established by law. If they are violated, then the criminals can be prosecuted under.

What punishment can you face for this crime? What important nuances should be taken into account in order to defend your rights if you are charged with this article - we will tell you further.

What can they be charged with under Article 228 of the Criminal Code of the Russian Federation?

Any form of illegal drug trafficking is punishable by law.

Usually according to Art. 228 of the Criminal Code of the Russian Federation, people who are unwittingly or accidentally involved in drug trafficking are prosecuted for production, processing, storage or. But the main condition is the absence of a sales goal.

Sale of narcotic substances - their distribution to other people for money or free of charge.

In any case, the drug must be included in the list of prohibited drugs. It was approved by Government Decree No. 1002.

In this case, the degree of liability depends not on the type or form, but on the size of the seized substance. Each drug has its own size. But punishment under Article 228 can only be received for:

significant size (part 1);
large size (part 2);
extra large size (part 3).

The larger the quantity, weight or volume of the detected batch, the more serious the penalty.

What is said in Part 1 of Art. 228 of the Criminal Code of the Russian Federation?

In order to correctly classify a crime in the Russian Federation, law enforcement agencies will have to accurately determine the amount of drugs seized.

This is only possible through a forensic examination. To do this, the detected substance is sent to an expert to give an opinion on the following issues:

whether it is prohibited or not;
whether the quantity of the drug seized falls within the category of significant, large or particularly large quantities.

For each type of narcotic substance or its analogue, the delimitation of batch size will be different.

If the amount of drugs seized is significant, then the punishment will follow under Part 1. For example, for marijuana it is 6 grams, and for heroin, which is more dangerous in its effects, it is only 0.5 grams.

It is worth considering that liability will arise if any types of drug forms specified in the List are identified. Such substances include narcotic, psychotropic, their various forms and analogues, as well as plants containing them.

If, based on the results of the examination, the mass or volume of the drug does not reach a significant size, criminal liability will not occur.

What is said in Part 2 of Art. 228 of the Criminal Code of the Russian Federation?

In this case, the crime is classified as serious, since sanctions will follow for the large size of the confiscated consignment of narcotic drugs.

The size is also determined based on an expert opinion. But due to the gravity of the crime, the size of the sanctions will be much stricter than under Part 1.

Punishment will follow for actions related to the illegal trafficking of drugs and their analogues - production, cultivation, storage, processing, transportation.

There is no criminal liability for the use of prohibited substances.

How are certain provisions of Article 228 of the Criminal Code of the Russian Federation interpreted?

This article identifies actions for which you may be held liable. But their definitions are missing. To protect yourself from criminal prosecution, you need to know these basic terms exactly.

Any method of obtaining narcotic substances is recognized as acquisition:

for money, including when paying via the Internet or by mail;
an accidental find, if you did not notify law enforcement agencies about it and left the batch for personal storage;
collection of wild or cultivated plants that contain intoxicating substances or their elements;
receiving drugs in the form of debt repayment, as a gift, etc.

It is possible to achieve a maximum reduction in the amount of punishment if there are mitigating circumstances. In drug cases, 3 of them are applicable:

you have dependent young children;
you cooperate with law enforcement authorities in solving a crime;
surrender - you voluntarily surrendered prohibited substances.

In this case, the court may decide to significantly reduce the amount of the punishment. In this case, in part, the real term can be replaced by a conditional one.

But often government officials are reluctant to commute the sentence. Therefore, if any claims arise from law enforcement agencies, it is worth contacting an experienced one. He will quickly analyze your situation, suggest the best options for behavior, and, if necessary, protect your rights during the investigation and in court.

The friend’s parents arrived at the scene and are trying to find out what’s what (the authorities themselves did not even inform them what happened to their son). They report that their son is charged with 24 grams of marijuana, illegal possession. That is, Article 228 part 1. He will be kept in custody for a month or so, then there will be a trial. At the same time, in order to be given the minimum punishment, you need to pay 150 thousand rubles (including a lawyer, a fine and all the “buttering”). Otherwise, as they found out, he faces imprisonment or correctional labor (which is like the same prison). Help me figure out whether this is blackmail from local law enforcement agencies? Is this quite a considerable amount justified? It seemed to me that for the first time for 228 part 1 they give almost 100% conditionally.

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

Attention

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.

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

Criminal law
Drugs

What do I face under Article 228 Part 1 if I don’t pay the fine the first time?
What is the penalty under Article 228 Part 1 if you are caught a second time?

Lawyers' answers (5)

All legal services in Moscow Division of jointly acquired property Moscow from 15,000 rubles.

What is the threat of Article 228 Part 1 for the first time and is a lawyer needed?

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. 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, for 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.

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

Similar problems Materials on the topic Yulia Permeneva, expert lawyer (-) “Jurisprudence”, specialty. More than 15 years of experience in legal support of organizations in various industries and work in the field of consulting. 671 solutions 2 investigations 144 Access: July 30, 2016, 11:22 pm, 1 year ago Rating: 5 Solution Comment Print Welcome back! Forgot your password? Join a community of conscious, socially active people who are aware and ready to defend their rights. Register Forgot your password? Return to login Join us! Registration information: E-mail (this will be the login) Password First and last name Gender Male Female Date of birth Region Adygea rep. Altai, rep. Altai region Amur region Arkhangelsk region Astrakhan region Bashkortostan rep. Belgorod region Bryansk region Buryatia rep. Vladimir region. Volgograd region. Vologda region. Voronezh region. Dagestan republic. Jewish Autonomous Republic.

228 - how to get the minimum punishment.

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Article 228 part 1 what threatens for the first time

If during the remaining unserved part of the sentence: a) the convict committed a violation of public order, for which an administrative penalty was imposed on him, or maliciously evaded the fulfillment of the duties assigned to him by the court when applying parole, as well as forced sentences imposed by the court measures of a medical nature, the court, on the proposal of the authorities specified in part six of this article, may decide to cancel parole and execute the remaining unserved part of the sentence; (as amended by Federal Law No. 14-FZ of February 29, 2012)b) the convicted person committed a crime through negligence or an intentional crime of minor or medium gravity, the issue of canceling or maintaining parole is decided by the court; (clause “b” as amended.

Important

I can’t say anything definitely about money. It may or may not be a banal divorce. In principle, even in the worst case, they won’t give you more than a year and a half - there’s nothing special about it, and it’s unlikely even that much. Here is the situation - they often demand money. Then, say, the court gives you the same year and a half, so they will tell you that this is their merit, otherwise they would have given 3 years.

Info

Don’t forget - in our country, justice is administered by the court, no matter what the police promise, these are nothing more than promises. I would advise you to chat on our forum - the girls can suggest something, among them there are some who have studied the system well specifically in drug cases. About your brother. Yes, there is a possibility of attracting him.

It is very easy to make a witness into another accused in these types of cases. His friend needs to stand firm that he was the only one who tore the hemp.

Article 228 part 2 what threatens for the first time

Hello! My brother and a friend were traveling south, along the way they picked several stalks of cannabis, they were detained by the police and the drug was discovered. The case took place in the village of Kushchevskaya in the north of the Krasnodar Territory. An examination was carried out, which showed that there was no drug in the blood.
As a result, after several hours of paperwork, my brother was released for reasons that were not entirely clear to me, and my friend was taken away, as it turned out before the trial. The boy is very young, of age, studying, everything is positive, there were no criminal records and, I suspect, there were not even administrative problems. Everyone was worried, but they expected that even if “to let everything take its course”, the person would face a suspended sentence and a fine. Even the police officers said something like that in passing. Now my brother is returning home, it is understood that there are no charges against him.
I have the same problem: I was caught with a droplet torn from the field, the weight was 26.5 grams, I was not convicted early, I was not prosecuted, what threatens me? question number No. 1981608 read 2382 times Urgent legal consultation 8 800 505-91-11 free

Without studying the case materials, it is difficult to assess the situation. A general answer can be given: 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 drugs or psychotropic substances [Criminal Code of the Russian Federation] [Chapter 25] [Article 228] 1.

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.

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. Moreover, the person performing these actions is not a medical institution or a pharmaceutical plant.

For correct qualification, only the number of drugs matters. Unlike similar provisions, which also refer to narcotic drugs, Article 228 of the Criminal Code of the Russian Federation does not affect the sale of substances, which is carried out by unauthorized persons.

Depending on the amount of funds found and seized, the guilty person is punished. There are significant, large and particularly large quantities of drugs. It should be noted that Article 228 of the Criminal Code of the Russian Federation, an amount less than significant is not considered a crime. However, for many drugs or chemical compounds, the mass that is not prohibited by law is so small that we can talk about a complete ban on the circulation of these substances.

Part 1. Acquisition

It is necessary to pay attention to the very wording of the crime, which is contained in Article 228, Part 1 of the Criminal Code of the Russian Federation. According to the code, it is prohibited to purchase, store, transport, manufacture and process drugs.

By acquisition, the legislator means not only the transfer of substances for money, but also in other ways: free of charge, in exchange for a service or information. The gratuitousness of the transaction in this case does not exempt from liability, since the determining factor is the narcotic drug (in any form), and not finances. Even if a citizen finds drugs, this is considered one of the types of acquisition.

Part 1. Storage

If illegally obtained substances that are drugs with intoxicating or psychotropic effects are simply lying in a certain place and no action is taken with them, this is considered storage.

Article 228, Part 1 of 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 with 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

Transporting 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. The production is not of a mass nature; the substances obtained as a result are used or planned for use for a limited number of people. Manufacturing is a larger, systematic process aimed at producing large quantities of drugs.

Part 1. Recycling

Often, cunning drug addicts collect the necessary remedy in parts, mixing certain ingredients. In this case, in order to separate processing from manufacturing, it should be understood that the components themselves are already narcotic drugs, but for certain reasons are not used by specific individuals. To obtain the desired effect, drug users have to carry out special processing of substances, which not only does not reduce the properties, but also greatly increases the psychotropic effect.

Part 2

Article 228, part 2 of the Criminal Code of the Russian Federation is completely different in meaning from the same subsections of the rest of the Criminal Code.

As noted earlier, only the quantity of narcotic drugs matters for qualification under this article. The second part provides for a crime committed on a large scale. Thus, the acquisition, transportation and other actions are carried out by the criminal in relation to drugs, the mass of which is several times greater than the amount of the substance in the first part.

Accordingly, Article 228, Part 2 of the Criminal Code of the Russian Federation does not contain any indication of who exactly commits the crime. As a rule, the culprits are those who do this for themselves, not for sale or any other form of distribution.

It is important to understand here that criminal liability arises even if a drug with a narcotic effect is found in an amount necessary for use by only one person in the amount of one or several doses of the substance.

Part 3

A particularly large amount of substances, which is provided for in Article 228 of the Criminal Code of the Russian Federation, implies the presence of a large amount of drugs in relation to the minimum punishable amount. For each psychotropic drug or drug with intoxicating properties, there is a threshold amount, that is, there is no single measure. For example, for anasha, a particularly large size would be 10 thousand grams of product volume, and a significant size would be only 2 grams. Illegal hemp trafficking in Russia is considered particularly large in relation to the product volume of 100 thousand grams, and large – only 100 grams.

Differences from other norms

The next provision in the list in the code contains more positions than Article 228. Part 4 of the Criminal Code of the Russian Federation in Article 228.1 also provides for punishment for large-scale drug trafficking. However, here we are not talking about personal consumption, but about sale (or other forms of distribution).

In addition, the subjects of the crime that are not designated by Article 228, Part 4 of the Criminal Code of the Russian Federation, Article 228.1 are indicated in the following composition:

— 18-year-old persons in relation to minors;

- citizens holding office;

- organized group.

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Criminal articles cannot be considered without other accompanying documents explaining many standards and rules. Thus, there is a list of all substances, precursors and plants that have a psychotropic and narcotic effect, established by the Government of the Russian Federation in the federal law “On Narcotic Drugs and Psychotropic Substances”. 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 for part 1

For a crime committed in relation to life and health, the perpetrator must bear criminal liability. Its scale depends only on the amount of drugs that have reached the citizen and are used by him (or are planned to be used).

For a significant volume 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.

Punishment for part 2

Drug trafficking under Article 228 on a large scale entails more severe sanctions - imprisonment in a colony for a period of 3 to 10 years with a fine of up to 500 thousand rubles with restriction of freedom (or without it) for up to 1 year. It must be recalled that restriction of freedom in this context means the possibility of applying coercive measures such as administrative supervision after serving a sentence.

Punishment for part 3

For illegal trafficking of substances that affect the nervous system and self-consciousness of a person on a sufficiently large scale, the legislator established the same type of punishment as for a large amount. The differences are in the term of imprisonment - from 10 to 15 years - and the term of restriction of freedom - up to one and a half years.

The fine, which is applied in conjunction with imprisonment, is also 500 thousand.

Voluntary surrender

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 was confiscated, it is not considered a voluntary surrender.

If a citizen was heading to law enforcement agencies with drugs to be handed over and on the way he was stopped by police officers to check his documents, it is necessary to voice his intentions. This must be done before a possible arrest for any reason, otherwise during a search (if it is suddenly carried out), the drugs found will be the basis for starting a criminal investigation. In this case, it is almost impossible to prove that voluntary surrender was planned.

Volume

When drugs are found in the possession of an individual, it can be very difficult to prove that the drugs were intended for sale. People who are in one way or another connected with this area are aware of possible sanctions, so they will insist that they did not have the goal of selling substances, that is, there was no intention to sell drugs.

Comparing Part 3 of Article 228 of the Criminal Code of the Russian Federation and Part 4 of Article 228.1, one can see that if there is a large amount, imprisonment in the first case is up to 15 years and a fine of up to 500 thousand rubles, in the second - up to 20 years and a fine of up to 1 million rubles. Accordingly, different terms and fines are assigned for the same volume. However, in the first case (under Article 228) there is no purpose for sale, and therefore the perpetrator charged with an act under this article is not as dangerous to society as the one who intended to sell drugs in the same quantity.

At the moment, there are no changes to articles related to drugs, namely 228 and 228.1. The last changes were in 2010-2012, but there is a possibility that there will be changes in the law this or next year. The policy of criminal articles relating to drugs will move towards humanization. Now let’s look at what project exists today.

Changes in drug legislation

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.

Serious changes overtook the sanction of the article. If for a large amount a sentence of 3 to 10 years is now provided, essentially making the act a serious crime, then the project has a real humanization process, providing for a period of 2 to 5 years. Thus, the act provided for in Article 228 Part 2 will no longer be a serious crime, but a medium one.

The humanization of especially qualified personnel has not been spared, which previously was from 10 to 15 years, and now, according to the draft law, will be from 5 to 15 years. In fact, the maximum term has not changed, but now the judge can give 5 years, for example, for a large size, or 15. Qualification, of course, will depend on the circumstances and the discretion of the judge, but in essence we can conclude that this really changes the situation. What is it?

The logic appears to be actually extremely simple. Previously, the maximum sentence for large amounts was 10 years. And the minimum term for a particularly large one is also 10 years. Thus, if the difference is only a few grams, then the court could conclude that the severity of the crime is very slightly higher and give the minimum term provided for in the sanction. It turns out that if the maximum term has changed to 5 years, then it is necessary to at least shift the minimum in part 3, since with an insignificant difference in size the corpus delicti may change from qualified to especially qualified, and a person can receive at least 5 years more, which is not entirely fair.

Let's touch on the issue of other changes. Since the law carries a single draft amendment, it is necessary to touch upon the changes in Article 398, which relate to references to Article 228. Now in this article, the words have also been replaced, where now to add to the first part, the second part of Article 228.

The final article of this act was Article 3, which states that the law, after its publication, will come into force within 3 months.

What changes are envisaged in the articles on drugs?

There is a separate explanatory note to the draft of this law, which tells us what changes are envisaged in the articles on drugs. This draft law was prepared in pursuance of the president’s instructions, and the real change concerned sanctions, while the rest were rather changes arising from this.

What do we see today? Now storage is essentially the same category of crime as sale. If you judge, this is not entirely correct. Storage without sale essentially poses a much less public danger than sale. Possession implies that the person will most likely use these drugs (or sell them, but in essence, criminal law and criminal proceedings say that if this is not proven, then it did not happen). Sales in themselves are much more serious, since they pose a public danger to wider sections of the population, and after sales, new crimes may be committed by these persons, since after that they also carry out storage and use, although use is generally an article from the Code of Administrative offenses.

Under such conditions, a person who stores drugs for personal consumption is equated in terms of the severity of this crime to persons who have committed crimes in the field of drug trafficking in organized forms in accordance with the Criminal Code of Russia, responsibility for participation in a criminal community (criminal organization), which is the highest form of organized crime (part two of Article 210 of the Criminal Code of Russia), is provided for in the form of imprisonment for a term of up to ten years, a similar sanction is for illegal possession without the purpose of selling narcotic drugs and psychotropic substances on a large scale (part two of Article 228 of the Criminal Code of Russia).

Thus, we can say that the crime relating to the storage of necrotic substances without the purpose of its subsequent sale requires special attention and revision, since the public danger seems to be less, and the categories of the crime are the same as those that are more serious. We have already decided that for society there is much less harm from storage than from the same sale.

Humanization of articles on drugs

Let's continue the idea of that explanatory note. It is noted that persons who were convicted under Articles 228 and 228.1 are drug addicts. Here it is worth touching on the aspect that they store these narcotic substances for use due to the fact that they are sick, namely addicted to narcotic substances. Here the conclusion naturally suggests itself that the crime is committed due to the fact that the person is sick.

If we look at it in this light, then the law should look at this position from the point of view that a person should be encouraged to stop using drugs so that a person from a drug-dependent lifestyle can return to the normal rhythm of life.

It is worth noting that many courts apply the law in a humanistic form. So, in a minimum number of cases, the term was within the limits of the sanctions, and in the case where the maximum term was assigned, it can be easily calculated. In the overwhelming majority of cases, judges imposed sentences below the low term limit, that is, less than 5 years, using special mechanisms provided for in the Criminal Code of the Russian Federation.

Looking at it from this side, it also cannot be said that this practice is correct. An exceptional mechanism is usually provided to truly work in exceptional cases. But in practice, everything turned out exactly the opposite. This circumstance also served as a serious reason for the development of a new law. Thus, we can say that the transfer of a crime to a lower level of severity is simply due to necessity.

Mitigation of Articles 228 and 228.1 of the Criminal Code of the Russian Federation

These changes, according to the idea of the legislator, should not only bring the norms of the Criminal Code into logical order, but also implement a practice that involves curing people from drug addiction. The state is much more profitable if a person does not go to a correctional facility, but lives an ordinary life. In a correctional institution, the state has to spend money on it, but living a normal life it will be the other way around, the person will pay taxes to the state.

It turns out that the new norms proposed in the Criminal Code should theoretically fulfill the tasks of combating drug addiction and crime in this area. Implementing such a strategy requires time and resources, which is why the bill clarified that the law will come into force only 3 months after its publication. However, as noted, even resources will not actually be needed, since neither the construction of additional institutions nor the financing of the project is required, since in essence only the sanctions that judges will impose have changed.

On the other hand, this will even benefit the state, since it will be necessary to hold much fewer drug criminals, since now they will be imprisoned for much less.

The policy of Criminal Law should not work on deterrence by deadlines, otherwise all crimes would be especially serious, but on the correction of the convicted person. If the convicted person truly reforms, this will benefit not only the convicted person himself, but also society, which is harmed by criminals, including those who commit crimes under Articles 228 and 228.1 of the Criminal Code of the Russian Federation.

Important! For all questions regarding mitigation of drug penalties, if you don’t know what to do and where to go:

Call 8-800-777-32-63.

Lawyers by, and lawyers who are registered on Russian Legal Portal, will try to help you from a practical point of view in the current issue and advise you on all issues of interest.

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

Good day.

Detained under Article 228 Part 1. He admitted everything and told where he got it (that is, he helped the investigation, as I understand it?). There were no previous convictions.

What “shines” for me?

Do I even need a lawyer in this situation or is it a waste of money?

Can the investigator, prosecutor or anyone else make my situation worse or is everything fine?

Lawyers' answers

Nailya Nurgalievna(10/28/2012 at 11:47:58)

Hello!

Article 228. Illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues

1. Illegal acquisition, storage, transportation, production, processing without the purpose of selling narcotic drugs, psychotropic substances or their analogues on a large scale -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of any other income of the convicted person for a period of up to three months, or by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or by corrective labor for a term of up to two years, or by imprisonment for a term of up to three years.

The court will take into account your confession, if there is one in the case, your repentance and assistance to the investigation, and lack of criminal record. But a lawyer is not a waste of money! A lawyer can soften your situation.

Profir Sergey Nikolaevich(10/28/2012 at 11:51:59)

Good afternoon.

Under this article, you face up to 3 years in prison. Since you admit guilt, you can tell the investigator to consider the criminal case in a special manner. If the case is considered in a special manner, then the judge will pronounce a sentence based on 2/3 of that established in Article 228 Part 1 of the Criminal Code of the Russian Federation, namely, she will not be able to give you more than 2 years in prison. We've already knocked off 1 year. In addition, you have not been involved before, you confessed, pointed to the trafficker, and so on, therefore Art. 61 of the Criminal Code of the Russian Federation - mitigating circumstances. Based on this, you have the right to expect a suspended sentence of 1 to 1.5 years.

It’s difficult to say about the lawyer, since your situation is clear in principle. However, if the police officers violated any articles of the law. then a lawyer could help terminate the criminal case against you. It all depends on the specific situation.

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Molchanova Marina Aleksandrovna(10/28/2012 at 12:34:00)

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.

LLC LAW FIRM "YASH GARANT"(28.10.2012 at 14:32:15)

You really haven't told everything about the case. So, it is not known: the stage of the case, what drug and how much was seized...; what they said and what your actions were before the arrest and at the time of the arrest...; Did they say that they wanted to treat someone?... There are a lot of questions!!!

They can initiate a case based on the first part, and in the final version, charges can be brought against other parts... It all depends not only on whether the investigation was helped or not... This is, of course, a big plus when passing a sentence, but for the fact that To give a more precise answer, it is still necessary to familiarize yourself with the case, at least in that part of it that is not prohibited by law.

Actually, the investigation based on your application can provide the assistance of a lawyer free of charge. (Whether you trust such a lawyer or not is up to you).

For more detailed consultation, please contact us individually.

We are waiting for your feedback.

Khromykh Larisa Georgievna(28.10.2012 at 22:03:50)

In any case, the lawyer, by agreement, as sad as it is to say, at least really protects the interests of the client (although here too there are some individuals who are still negligent in their work).

I think you understood the maximum period from previous consultations - 3 years, but it does not suit you in any way, because... you described a number of mitigating circumstances.

You must determine for yourself the answer to your question, taking into account your financial status, but a competent lawyer, of course, will never be superfluous, especially in the category of cases for which you are accused.

If you need more detailed advice or assistance in drawing up documents, please contact me, I will be happy to help.

Skype consultations: Mon-Fri from 18-00 to 20-00

If you are satisfied with the answer, please leave a review.

Fominykh Daniil Vladimirovich(10/29/2012 at 08:41:13)

Hello!

The norm of part one of Article 228 of the Criminal Code of the Russian Federation provides for liability for the illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues in large quantities, as well as the illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, in large quantities.

The following punishment is provided for this crime:

a fine in the amount of up to forty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months,

or compulsory work for a period of up to four hundred eighty hours,

or correctional labor for up to two years,

or restriction of freedom for up to three years,

or imprisonment for the same period.

In accordance with Part 2 of the Note to this article, large and especially large sizes of narcotic drugs and psychotropic substances, as well as large and especially large sizes for plants containing narcotic drugs or psychotropic substances, are approved by the Government of the Russian Federation.

Your question does not indicate “how much” (or “what”) was found on you and how much, accordingly, is indicated in the protocol. In this regard, the question remains open whether the size of what was “found” on you was really large.

Otherwise, you only face administrative liability under Article 6.8. Code of the Russian Federation about.

If the size was really large (and there is criminal liability), then in accordance with paragraph “i” of Part 1 of Article 61 of the Criminal Code of the Russian Federation, a mitigating circumstance is recognized, inter alia, “active assistance in the detection and investigation of a crime, exposure and criminal prosecution other accomplices in the crime."

In the presence of the specified mitigating circumstance and the absence of aggravating circumstances, the term or amount of the punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment (Part 1 of Article 62 of the Criminal Code of the Russian Federation). In your case, no more than 2 years.

Moreover, in the case of concluding a pre-trial agreement on cooperation in the presence of the specified mitigating circumstance and the absence of aggravating circumstances, the term or amount of the punishment cannot exceed half the maximum term or amount of the most severe type of punishment (Part 2 of Article 62 of the Criminal Code of the Russian Federation). In your case, no more than 1.5 years.

In accordance with Article 73 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 8 (eight) years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed sentence suspended.

When assigning a suspended sentence, the court takes into account the nature and degree of social danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances.

It remains for the court to reach this conclusion.