"Scientific and Practical Forum" NOTS, MSAL. "Pharmaceutical and anti-drug criminal law". Elena Mikhailovskaya, advocate, advisor of Criminal Law and General Practice of Alliance Legal CG - speaker of the event.
Theme: "Narcotic drug trafficking: analysis of modern judicial practice".
Structure:
- The practice of combining several episodes under Article 228.1 of the Criminal Code of the Russian Federation into one episode as covered by a single intent and representing a single crime with mitigation of sentence;
- The case of impossibility to combine several episodes under Article 228.1 of the Criminal Code of the RF into one episode was analyzed, as the intent to sell as part of an organized group of different batches of narcotic drugs produced at different times was not unified and was formed independently each time;
- The issue of admissibility of the results of the subsequent test purchase as evidence of guilt;
- The issue of taking into account by the courts as a mitigating circumstance active assistance to the disclosure and investigation of a crime;
- The issue of qualification of the action of a person who tries to find a cache of narcotic drugs made by another person for further sale, but fails to find the drugs;
- The question of the possibility of exemption from criminal liability for attempted sale of drugs in connection with the voluntary renunciation of the crime (under Art. 31 of the Criminal Code of the Russian Federation) or in connection with voluntary surrender (under Note 1 to Art. 228 of the Criminal Code of the Russian Federation);
- The practice of application by the courts of Article 82 of the Criminal Code of the RF.