Theft or extortion of narcotic drugs or psychotropic substances...

Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

(as amended by Federal Law No. 87-FZ of 19.05.2010)

1. Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances (as amended by Federal Law No. 87-FZ of 19.05.2010),

shall be punishable by imprisonment for a term of three to seven years with restriction of freedom for a period of up to one year or without it (in the amended version of Federal Law No. 18-FZ of 01.03.2012).

2. The same acts committed:

a) by a group of persons by prior agreement;

b) has expired. - Federal Law No. 162-FZ of 08.12.2003;

c) a person using his/her official position;

d) with the use of violence that is not dangerous to life or health, or the threat of such violence (in the amended version of Federal Law No. 18-FZ of 01.03.2012)

e) in a significant amount (p. d "quoted by Federal Law No. 18-FZ of 01.03.2012),

shall be punishable by deprivation of liberty for a term of six to ten years, with a fine of up to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years, or without it and with restraint of liberty for up to one year or without it (as amended by Federal Law No. 162-FZ of 08.12.2003, No. 377-FZ of December 27, 2009).

3. Acts stipulated in parts one or two of this article, if they are committed:

a) by an organized group

b) on a large scale (p. in the redaction of the Federal Law of 01.03.2012 No. 18-FZ);

c) with the use of violence dangerous to life or health, or with the threat of such violence (

),

d) has expired. - Federal Law of December 08, 2003 No. 162-FZ

shall be punished by imprisonment for a term of eight to fifteen years with a fine of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three years, or without it and with restraint of liberty for up to two years or without it (as amended by Federal Law No. 162-FZ of 08.12.2003, No. 377-FZ of December 27, 2009).

4. Acts stipulated by parts one, two or three of this article, if they are committed on an especially large scale, -

shall be punished by imprisonment for a term of fifteen to twenty years with a fine of up to one million rubles or in the amount of the wage or other income of the convicted person for a period of up to five years, or without it and with restraint of liberty for a term of up to two years or without it (part four was introduced by Federal Law No. 18-FZ of 01.03.2012).

1. The public danger of the crime envisaged in the article is that narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances, as a result of the commission of a crime pass from legal owners to persons, who are drug addicts or involved in illicit drug trafficking; in addition to the violation of the right of ownership (or the right of ownership) to these objects, harm may also be caused to the health of the victims.

Acts provided for in Parts 1 and 2 of the article are serious; Part 3 and 4 - to especially serious crimes.

2. Object of this crime - public relations that ensure the health of citizens and public morality. As the additional object are property relations. An optional object may be the health of a particular person (the victim).

3. Subject of crime - foreign narcotic drugs, psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances (see comment, to Article 228), on which a person does not have either a real or a disputed property right, regardless of the retail price on them.

The small size of stolen narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, does not affect the loss of public danger and not transforms it into a category of insignificant, i.e. unapproachable.

The victims in the article are not listed. However, individuals who are most likely to become such when extorting, as well as those who have these items can be abducted, are individuals or legal entities that illegally own drugs or psychotropic substances (when embezzled); persons entitled to issue documents entitling them to the lawful acquisition of said funds or substances, persons having access to narcotic drugs or psychotropic substances, as well as to plants containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances , in connection with their professional activities (for example, nurses), as well as other persons whose labor functions are related to the legal turnover of narcotic drugs or psychotropic substances in (with extortion).

4. The objective side of the crime is expressed in theft or extortion of the crime.

Under the embezzlement (see the comment, to Article 158) of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, it is necessary to understand intentional unlawful free of charge their withdrawal from possession (both legal and illegal) of state, public organizations, institutions, enterprises of any form of ownership or from citizens. Plundering is also recognized as the collection of plants subject to control in the United States or their parts from the lands of agricultural and other enterprises, as well as from the land plots of citizens who illegally grow these plants.

If the collection of narcotic plants or their parts was carried out at their natural growth sites, the offense must be classified as illegal acquisition of these funds under Part 1 of Art. 228 of the Criminal Code, and in the presence of the purpose of marketing - as preparation for marketing under Part 1 of Art. 30 and art. 2281 UK. In the event that the collection of such plants was carried out in the places of their artificial (legal or illegal) planting after the end of the official harvesting and the removal of protection, the act does not constitute a theft and must be qualified in accordance with art. 228 of the Criminal Code.

The withdrawal of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, from the possession of the owner or another person in whose jurisdiction or under whose protection they are, is compulsory for theft, fraud, robbery and robbery, when a person openly or secretly, violently or without the use of violence, by deceit or abuse of trust takes possession of the specified means or substances and illegally sex flushes to dispose of them at its discretion. Assignment and embezzlement take place without exception, but only by means of circulation, i.e. transfer of property into their possession.

Theft of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, should be a free of charge withdrawal and (or) circulation, i.e. free of charge, without their return in kind or compensation of their value in cash equivalent or in the form of other material valuables. The exemption will also be free of charge when inadequate compensation is provided. The possession of these means or substances is illegal. the stolen person does not have any rights to them. The stolen funds or substances may be applied both to the property of the person who committed the crime and to the property of other persons.

According to Part 1 of the commented article, forms of theft such as theft, fraud, robbery without the use of violence, misappropriation or embezzlement are qualified.

Consequence as an obligatory sign of theft consists in causing damage to the owner or other owner of the property, determined by the cost of the stolen narcotic drug or psychotropic substance, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances.

Between the seizure of the crime subject and the resulting consequences in the form of damage caused, a causal relationship must be established.

The moment of the end of the theft of the crime subject must be determined on the basis of its form. A crime is considered to be "finished" from the moment of seizure of a narcotic drug or psychotropic substance, as well as a plant containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances, and the appearance in the person of a real opportunity to dispose of it at your discretion.

Extortion (see comment, to Article 163) of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or parts containing narcotic drugs, psychotropic substances, means illegal the requirement of their transfer to the guilty or other person under the threat of violence, destruction or damage to property or dissemination of information that disgracing the victim or his relatives or other information whose publicity can cause significant harm to the rights or legal int heresy of the victim or his relatives.

The threat must be real and real. Cash means that the threat does exist as a phenomenon of the objective world in a certain form. Reality of the threat determines its ability to influence the psyche of the victim and is determined by circumstances that characterize it as a socially dangerous act, its content and form of expression; circumstances accompanying its commission; circumstances that demonstrate the relationship of the perpetrator to the victim; circumstances that determine the identity of the perpetrator; circumstances that convey the perception of content and understanding of the significance of the threat by the consciousness and will of the victim.

As extortion under threat of disclosure of disgracing information it is necessary to qualify the requirement of transfer of the crime subject, accompanied by the threat of disclosure of information about the victim or his close offense, as well as other information, the disclosure of which may damage their honor and dignity . At the same time, it does not matter whether the information corresponds to reality, under the threat of disclosure, extortion is committed. If the information about the victim or his relatives reads out information of a deliberately slanderous nature, the act, if there is any reason to do so, constitutes a set of crimes provided for in the article under article and, respectively, art. 1281 CC.

Extortion is considered to be "completed" from the moment of making an unlawful request to transfer narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, backed by a corresponding threat . The subsequent acquisition of these funds or substances covered by the composition of extortion and additional qualifications does not require.

When applying the article, the additional qualification of the act as the acquisition of narcotic drugs or psychotropic substances is not required, as it is covered by the concept of "embezzlement".

Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances or their parts containing narcotic drugs, psychotropic substances, and their subsequent storage, processing, transportation, transfer, sale form a set of crimes, stipulated by Art. 229 and 228 or 2281 of the Criminal Code.

From related criminal acts, stipulated by Art. 158 - 165 of the Criminal Code, this crime differs in the subject of criminal assault.

5. The subjective side of the crime is a direct intent. The person realizes the public danger of his actions, foresees that as a result of their commission he will become the owner of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs means, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, will cause damage to the owner (in all forms of theft, but not with extortion), and wishes it. The person is also aware of the unlawful, gratuitous nature of the possession of such means or substances.

6. Required trait - the existence of a selfish goal.

The erroneous representation of a person about the belonging of stolen narcotic drugs or psychotropic substances, as well as plants or their parts containing narcotic drugs or psychotropic substances, does not affect any qualification to any owner.

When a person mistakenly believes that he possesses orphan narcotic drugs or psychotropic substances, plants containing narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, and in these articles of crime have an owner, responsibility for their theft is excluded, and the actions of a person should be qualified as their acquisition under art. 228 of the Criminal Code.

7. The subject of the crime is a sane individual who has reached the age of 14 years. The subject of misappropriation or embezzlement of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, can only be the person to whom this property is entrusted by the owner or other owner who has reached the age of 16.

8. qualifying feature (. 2 of the article under h) mentioned scoring theft or extortion:

- by a group of persons by prior conspiracy (a a ) (see the comment, to Part 2, Article 35);

- by a person using his/her official position (n. in ). Such may be an official or other person whose performance of labor functions is related to work with narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or parts containing narcotic drugs means, psychotropic substances. The use of official position for the commission of a crime can take place both on the part of employees of state and non-state bodies, workers of municipal services (pharmacies) working permanently, temporarily and (or) under a civil law contract, but having the right to dispose of narcotic drugs or psychotropic substances (for example, in the manufacture of medicinal products such a person may be a pharmacist, laboratory assistant, with the release and application - a pharmacy worker, a doctor, a nurse, while guarding - ocher forwarder).

Technical workers (including cleaners, washers) are not considered to have access to these subjects.

Theft of narcotic drugs or psychotropic substances by a person with using his official position is qualified by the item "in" Part 2 of the commented article and additional qualifications under Art. 160 CC is not required. Extortion of drugs, if committed by a person using his/her official position, not related to their protection or storage, should be qualified in accordance with clause "in" Part 2 of the article.

If narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances or their parts containing narcotic drugs, psychotropic substances, abduct the person responsible for enforcement or enforcement of their traffic rules, violates these rules using his own the official position, the deed should be qualified only by the item " in Part 2 of the commented article. Additional qualification of the actions of such a person under Art. 2282 UK is not required;

- with the use of violence that is not dangerous to life or health (n. & g;). These are considered beatings, other violent actions that caused physical pain, but did not entail the consequences specified in Art. 115 of the Criminal Code, as well as actions related to the restriction of freedom, provided that they were preceded by the use of physical force;

- with the threat of such violence (n. ), which consists in intimidation to perform such actions, provided that they did not pose a danger to life and health at the time of their application. The threat must have the above characteristics. Violence in this case becomes a way of capturing these means or substances, which causes the form of theft, which can be robbery, involving violence;

- in a significant amount (n. d ). Significant amounts of narcotic drugs, psychotropic substances, and also plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic substances

funds, psychotropic substances, approved by the US Government (see the comment, to Part 1 of Article 228).

9. Specifically qualifying signs (parts 3 and 4 of the article being commented) are named the committing of theft or extortion:

- organized group (item a ч. 3) (see the comment, to part 3 of article 35). In cases where theft or extortion of these items is committed by a stable armed group (gang) or criminal community (criminal organization), the offense forms a set of crimes provided for in the "a" Part 3 of the commented article and art. 209 or 210 CC;

- on a large scale (item "b" part 3) (see the comment, to item 228). If a person intended to steal narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, on a large scale, but he was not carried out for reasons beyond his control, responsibility should step up for attempted theft in a large amount;

- in an especially large amount (Part 4) (see the comment, to item 228);

- with the use of violence dangerous to life or health (paragraph "in" part 3). This should be understood as violence that caused serious or moderate harm to the health of the victim, as well as causing slight damage to health, resulting in a short-term health disorder or a minor persistent loss of general working capacity (paragraph 21 of Resolution No. 29 of the Plenum of the US Armed Forces of December 27, 2002). If the specified actions are committed with causing grave harm to the health of the victim, the deed constitutes the aggregate of crimes provided for in " Part 3 of the commented article and art. 111 CC. Causing death must be additionally qualified under Art. 105 or 109 of the Criminal Code, because the concept of "violence" never covers himself with causing death and requires additional qualifications.

Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances committed with the use of violence dangerous to life or health, or the threat of such violence, is completely covered by the disposition of the in Part 3 of the commented article and additional qualifications for Part 1 of Art. 162 or art. 163 of the Criminal Code does not require;

- with the threat of such violence, which consists in intimidating to commit such acts. Violence dangerous to life or health, or the threat of such violence, causes such a form of robbery as robbery.

Theft by robbery is considered to be finished a crime from the moment of an attack in order to seize the specified means or substances. Actions of a person who abducts narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances, by robbery with the use of violence or robbery, are fully covered by the dispositions of the relevant parts of the article being commented and do not require additional qualification in part 2 of Art. 161 or art. 162 of the Criminal Code.

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