Before Dealing with Drugs – Think!
The problem of drug use remains as relevant as ever. It is no secret that everyone knows about the dangers of drug addiction, but often we do not always think about the consequences. In this regard, the district prosecutor's office deems it necessary to clarify the current legislation regarding liability for the use and illicit trafficking of narcotic drugs.
It should be noted that in the Republic of Belarus, liability for the illicit use and trafficking of narcotic drugs, psychotropic substances, their analogues, and precursors is provided for by the Code of Administrative Offenses of the Republic of Belarus and the Criminal Code of the Republic of Belarus.
Code of Administrative Offenses of the Republic of Belarus:
- Article 16.1 Sowing or cultivating, without the purpose of sale or manufacture of narcotic drugs, psychotropic substances, prohibited plants or fungi containing narcotic drugs or psychotropic substances, -
entails a warning or a fine of up to twenty basic units.
- Part 4 of Article 17.3 Appearing in a public place in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription, or the consumption of their analogues, toxic or other intoxicating substances, which offends human dignity and public morality, -
entails a fine of five to ten basic units.
- Part 5 of Article 17.3 Being in the workplace during working hours in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription, or the consumption of their analogues, toxic or other intoxicating substances, -
entails a fine of eight to twelve basic units.
- Part 6 of Article 17.3 Consumption of narcotic drugs or psychotropic substances in a public place without a specialist doctor's prescription, or consumption of their analogues in a public place -
entails a fine of ten to fifteen basic units.
Criminal Code of the Republic of Belarus:
Article 328. Illicit trafficking of narcotic drugs, psychotropic substances, their precursors and analogues
1. Illicit manufacture, processing, acquisition, storage, transportation or shipment of narcotic drugs, psychotropic substances or their precursors or analogues without the purpose of sale -
shall be punishable by restriction of liberty for up to five years or imprisonment for a term of two to five years.
2. Illicit manufacture, processing, acquisition, storage, transportation or shipment, or illicit sale of narcotic drugs, psychotropic substances or their precursors or analogues with the purpose of sale -
shall be punishable by imprisonment for a term of three to eight years with or without a fine.
3. Acts provided for in Part 2 of this Article, committed by a group of persons, or by an official using their official powers, or by a person who previously committed crimes provided for in this Article, Articles 327, 329 or 331 of this Code, or in respect of narcotic drugs, psychotropic substances, their analogues in a large amount, or in respect of especially dangerous narcotic drugs, psychotropic substances, or the sale of narcotic drugs, psychotropic substances, their precursors or analogues on the territory of an educational institution, healthcare organization, military unit, correctional institution, detention facility, places of detention, medical and labor dispensary, in a place of mass event or knowingly to a minor -
shall beare punishable by imprisonment for a term of six to fifteen years with or without a fine.
4. Acts provided for in parts 2 or 3 of this article, committed by an organized group or involving the manufacture or processing of narcotic drugs, psychotropic substances or their precursors or analogues using laboratory glassware or laboratory equipment intended for chemical synthesis, -
are punishable by imprisonment for a term of ten to twenty years with or without a fine.
5. Acts provided for in parts 2 - 4 of this article, which negligently caused the death of a person as a result of their consumption of narcotic drugs, psychotropic substances or their analogues, -
are punishable by imprisonment for a term of twelve to twenty-five years with or without a fine.
Article 328-2. Consumption of narcotic drugs, psychotropic substances or their analogues in a public place or appearance in a public place or being at work in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances
Consumption without a specialist doctor's prescription of narcotic drugs or psychotropic substances in a public place or consumption of their analogues in a public place, as well as appearance in a public place in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription or consumption of their analogues, toxic or other intoxicating substances, insulting human dignity and public morality, or being at the workplace during working hours in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription or consumption of their analogues, toxic or other intoxicating substances, committed within a year after the imposition of an administrative penalty for such violations, -
are punishable by a fine, or arrest, or restriction of liberty for a term of up to two years.
Article 329. Illegal sowing and (or) cultivation of plants or fungi containing narcotic drugs or psychotropic substances
1. Illegal sowing and (or) cultivation of plants or fungi containing narcotic drugs or psychotropic substances, for the purpose of their sale or manufacture or other acquisition of narcotic drugs or psychotropic substances -
are punishable by a fine, or arrest, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same acts, committed repeatedly, or by a group of persons, or by a person who previously committed crimes provided for in Articles 327, 328, 331 and 332 of this Code, -
are punishable by restriction of liberty for a term of up to five years or imprisonment for a term of three to seven years.
3. Acts provided for in parts 1 or 2 of this article, committed by an organized group, -
are punishable by imprisonment for a term of five to fifteen years with or without a fine.
Article 331. Inducement to consume narcotic drugs, psychotropic substances or their analogues
1. Inducement to consume narcotic drugs, psychotropic substances or their analogues -
is punishable by arrest, or restriction of liberty for a term of up to five years, or imprisonment for the same term.
2. The same act, committed against two or more persons, or against a knowingly minor by a person who has reached the age of eighteen, or with the use of violence or with the threat of its use, or by a group of persons, or by a person who previously committed crimes provided for in Articles 327 - 329 and 332 of this Code, as well as inducement to consume especially dangerous narcotic drugs or psychotropic substances -
are punishable by imprisonment for a term of three to ten years.
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The district prosecutor's office also reminds that a person who voluntarily surrenders narcotic drugs, psychotropic substances, their precursors or analogues and actively assists in identifying or suppressing a crime related to the illicit trafficking of these substances, exposing the perpetrators, or discovering property obtained through criminal means, is exempt from criminal liability for such a crime.
Take care of yourself and your loved ones.
Assistant Prosecutor
of Beshenkovichi District
2nd Class Lawyer S.A. Kiryanov
It should be noted that in the Republic of Belarus, liability for the illicit use and trafficking of narcotic drugs, psychotropic substances, their analogues, and precursors is provided for by the Code of Administrative Offenses of the Republic of Belarus and the Criminal Code of the Republic of Belarus.
Code of Administrative Offenses of the Republic of Belarus:
- Article 16.1 Sowing or cultivating, without the purpose of sale or manufacture of narcotic drugs, psychotropic substances, prohibited plants or fungi containing narcotic drugs or psychotropic substances, -
entails a warning or a fine of up to twenty basic units.
- Part 4 of Article 17.3 Appearing in a public place in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription, or the consumption of their analogues, toxic or other intoxicating substances, which offends human dignity and public morality, -
entails a fine of five to ten basic units.
- Part 5 of Article 17.3 Being in the workplace during working hours in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription, or the consumption of their analogues, toxic or other intoxicating substances, -
entails a fine of eight to twelve basic units.
- Part 6 of Article 17.3 Consumption of narcotic drugs or psychotropic substances in a public place without a specialist doctor's prescription, or consumption of their analogues in a public place -
entails a fine of ten to fifteen basic units.
Criminal Code of the Republic of Belarus:
Article 328. Illicit trafficking of narcotic drugs, psychotropic substances, their precursors and analogues
1. Illicit manufacture, processing, acquisition, storage, transportation or shipment of narcotic drugs, psychotropic substances or their precursors or analogues without the purpose of sale -
shall be punishable by restriction of liberty for up to five years or imprisonment for a term of two to five years.
2. Illicit manufacture, processing, acquisition, storage, transportation or shipment, or illicit sale of narcotic drugs, psychotropic substances or their precursors or analogues with the purpose of sale -
shall be punishable by imprisonment for a term of three to eight years with or without a fine.
3. Acts provided for in Part 2 of this Article, committed by a group of persons, or by an official using their official powers, or by a person who previously committed crimes provided for in this Article, Articles 327, 329 or 331 of this Code, or in respect of narcotic drugs, psychotropic substances, their analogues in a large amount, or in respect of especially dangerous narcotic drugs, psychotropic substances, or the sale of narcotic drugs, psychotropic substances, their precursors or analogues on the territory of an educational institution, healthcare organization, military unit, correctional institution, detention facility, places of detention, medical and labor dispensary, in a place of mass event or knowingly to a minor -
shall beare punishable by imprisonment for a term of six to fifteen years with or without a fine.
4. Acts provided for in parts 2 or 3 of this article, committed by an organized group or involving the manufacture or processing of narcotic drugs, psychotropic substances or their precursors or analogues using laboratory glassware or laboratory equipment intended for chemical synthesis, -
are punishable by imprisonment for a term of ten to twenty years with or without a fine.
5. Acts provided for in parts 2 - 4 of this article, which negligently caused the death of a person as a result of their consumption of narcotic drugs, psychotropic substances or their analogues, -
are punishable by imprisonment for a term of twelve to twenty-five years with or without a fine.
Article 328-2. Consumption of narcotic drugs, psychotropic substances or their analogues in a public place or appearance in a public place or being at work in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances
Consumption without a specialist doctor's prescription of narcotic drugs or psychotropic substances in a public place or consumption of their analogues in a public place, as well as appearance in a public place in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription or consumption of their analogues, toxic or other intoxicating substances, insulting human dignity and public morality, or being at the workplace during working hours in a state caused by the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription or consumption of their analogues, toxic or other intoxicating substances, committed within a year after the imposition of an administrative penalty for such violations, -
are punishable by a fine, or arrest, or restriction of liberty for a term of up to two years.
Article 329. Illegal sowing and (or) cultivation of plants or fungi containing narcotic drugs or psychotropic substances
1. Illegal sowing and (or) cultivation of plants or fungi containing narcotic drugs or psychotropic substances, for the purpose of their sale or manufacture or other acquisition of narcotic drugs or psychotropic substances -
are punishable by a fine, or arrest, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same acts, committed repeatedly, or by a group of persons, or by a person who previously committed crimes provided for in Articles 327, 328, 331 and 332 of this Code, -
are punishable by restriction of liberty for a term of up to five years or imprisonment for a term of three to seven years.
3. Acts provided for in parts 1 or 2 of this article, committed by an organized group, -
are punishable by imprisonment for a term of five to fifteen years with or without a fine.
Article 331. Inducement to consume narcotic drugs, psychotropic substances or their analogues
1. Inducement to consume narcotic drugs, psychotropic substances or their analogues -
is punishable by arrest, or restriction of liberty for a term of up to five years, or imprisonment for the same term.
2. The same act, committed against two or more persons, or against a knowingly minor by a person who has reached the age of eighteen, or with the use of violence or with the threat of its use, or by a group of persons, or by a person who previously committed crimes provided for in Articles 327 - 329 and 332 of this Code, as well as inducement to consume especially dangerous narcotic drugs or psychotropic substances -
are punishable by imprisonment for a term of three to ten years.
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The district prosecutor's office also reminds that a person who voluntarily surrenders narcotic drugs, psychotropic substances, their precursors or analogues and actively assists in identifying or suppressing a crime related to the illicit trafficking of these substances, exposing the perpetrators, or discovering property obtained through criminal means, is exempt from criminal liability for such a crime.
Take care of yourself and your loved ones.
Assistant Prosecutor
of Beshenkovichi District
2nd Class Lawyer S.A. Kiryanov