About illegal trafficking as an extra sign of the corpus delicti provided for in the art. 228 of the Criminal Code of the Russian Federation
Abstract
This article focuses on two alternative actions under the art. 228 of the Criminal Code of the Russian Federation, which are illegal possession and illegal trafficking. Based on the materials of modern law enforcement practice, it is confirmed that a person’s presence of narcotic drugs, psychotropic substances or their analogues for personal consumption is not an illegal trafficking and is covered by the sign of their illegal possession. The conclusion that illegal trafficking is effectively criminalised is justified only when it is aimed at marketing.
References
- Malinin VB, editor. Entsiklopediya ugolovnogo prava. Tom 22. Prestupleniya protiv zdorov’ya naseleniya i obshchestvennoi nravstvennosti [Encyclopedia of criminal law. Volume 22. Crimes against public health and public morality]. Saint Petersburg: Izdanie professora Malinina; 2014. 886 p. Russian.
- Ermakov YuM, Isakov SA, Simonenko AV, Novikov VP. Narkomaniya i nezakonnyi oborot narkotikov. Voprosy teorii i praktiki protivodeistviya [Drug addiction and drug trafficking. Questions of the theory and practice of counteraction]. Moscow: Unity-Dana; 2008. 303 p. Russian.
- Tokmantsev DV. Delineation between traffiking in drugs and illicit storage with no intent to sell them during traffiking. Ugolovnoe pravo. 2017;2:95–101. Russian.
Published
2021-09-20
Keywords:
narcotic drugs, psychotropic substances, illegal trafficking, illegal possession, marketing; purpose, criminal intent
How to Cite
Norvartyan, Y. S. (2021). About illegal trafficking as an extra sign of the corpus delicti provided for in the art. 228 of the Criminal Code of the Russian Federation. Journal of the Belarusian State University. Law, 2, 30-33. Retrieved from https://journals.bsu.by/index.php/law/article/view/4083
Section
Special Topic Section
