The VC proposes to mitigate the punishment for illegal drug trafficking without a sales purpose
The Supreme Court (Armed Forces) of the Russian Federation invited the State Duma to reduce “excessive” punishments for a number of crimes related to drug trafficking “without a sales purpose”. Judges want to reduce the maximum terms of imprisonment in a number of articles of the Criminal Code and count time in jail as “day for one and a half”, and not “day to day”. And those who first came across a “significant size”, the Armed Forces offers to send not to prison, but for treatment. The human rights activist and lawyer approve of the initiative.
On Tuesday, May 27, the Plenum of the Supreme Court submitted his bill, mitigating the punishment for the illegal circulation of narcotic and psychotropic drugs “without a sales purpose”. First of all, judges propose to reduce the maximum term for the illegal acquisition, storage, transportation, manufacture and processing of such substances “for personal consumption”. In the case of a large size (part 2 of article 228 of the Criminal Code of the Russian Federation) – from 10 to 5 years in prison, and with a particularly large one (part 3 of article 228 of the Criminal Code of the Russian Federation) – from 15 to 10 years (see the size table for different types of narcotic substances). The authors explain that the current deadlines are “excessively harsh” and are very rarely appointed by the courts.
Also, the Armed Forces offers not to deprive the freedom of a person who first committed the following crimes: the illegal turnover of drugs in a significant amount without the purpose of marketing (part 1 of article 228 of the Criminal Code of the Russian Federation), illegal cultivation of narcotic plants (part 1 of article 231 of the Criminal Code of the Russian Federation), forged recipes for narcotic substances (Article 233 of the Criminal Code of the Russian Federation). The Supreme Court explains the initiative by the fact that it is these crimes that « often commit drug addicts who need treatment. »
Now the maximum punishment for these articles of the Criminal Code is three years of colony. If the bill is adopted, then the court will be able to oblige the perpetrators to “undergo treatment from drug addiction and medical and (or) social rehabilitation” instead of imprisonment.
The Armed Forces also offers the possibility of deferred from serving punishment for people who first convicted under Part 2 of Art. 228 of the Criminal Code of the Russian Federation (illegal circulation on a large scale) and recognized as drug addicts. There is an important condition for this: the court must appoint the guilty of no more than five years in prison. During the period of delay, such a person should undergo a course of treatment and social rehabilitation, and then refrain from using drugs for at least two years. After that, the court will be able to release him from serving the sentence. Today, such a scheme works for convicts under Part 1 of Art. 228, part 1 of Art. 231 and Art. 233 of the Criminal Code.
Finally, the Armed Forces want to take into account the time spent in custody. Now one day in a pre -trial detention center for convicts under Part 2 and part 3 of Art. 228 of the Criminal Code of the Russian Federation is equated with one day of imprisonment in the general term, as those convicts for terrorism and espionage. Judges suggest counting a day in a pre -trial detention center for one and a half, as for domestic crimes.
“The bill, not providing for radical liberalization of criminal law policy in the field of counteracting the illegal trafficking of narcotic drugs, reduces excessive repression of existing norms with respect to the limited number of people involved in the commission of crimes, including patients with drug addiction, youth,” the explanatory note says.
The Armed Forces prepared a bill in fulfillment of the presidential order, which was given after a meeting with the Human Rights Council on December 4, 2023. Then a member of the Council, Eva Merkachev, told Vladimir Putin that “according to the folk 228,” courts on average appointed from 8 to 18 years in prison. “In some colonies, the number of boys and girls according to the 228th article reaches 80%,” she said. As a result, the head of state instructed the relevant departments to analyze the legislation and law enforcement practice. “I am absolutely sure that the bill will reduce the number of people in the colonies. Moreover, the young people who committed the crime for the first time will not get there, – Kommersant commented on the initiative Eva Merkachev. “This is the age when they create families and receive education. That is, we will save our potential. ” However, she adds that now there are “extremely few” rehabilitation centers, so the compliance with the requirement to undergo treatment can be difficult.
The vice-president of the Federal Chamber of Lawyers of the Russian Federation Yevgeny Rubinstein considers the bill to an example of an example of a reasonable approach of the state to such crimes. “Judicial statistics over the past decade have confirmed the redundancy of the repression of the criminal law in relation to persons convicted of storage of narcotic drugs without a margin. Therefore, it is fair and reasonable to reduce the measure of criminal liability and focus not on punishment, but on treatment for drug addiction, ”said Kommersant’s lawyer.
