Open Access
Voluntary Delivery of Narcotic Drugs, Psychotropic Substances or their Analogues: Criminal Procedural Aspects of Absolute Discharge
Author(s) -
A. A. Pudovkin,
D. V. Tyotkin
Publication year - 2021
Publication title -
pravo: istoriâ i sovremennostʹ
Language(s) - English
Resource type - Journals
ISSN - 2588-0012
DOI - 10.17277/pravo.2021.01.pp.062-068
Subject(s) - legislation , narcotic , compliance (psychology) , absolute (philosophy) , criminal law , narcotic drugs , law , criminal code , psychology , business , criminology , political science , psychiatry , social psychology , philosophy , epistemology
The process of voluntary delivery of narcotic drugs, psychotropic substances or their analogues has been investigated. The article considers the mechanism for absolute discharge of a person who committed drug crimes in compliance with the criminal legislation of the Russian Federation. The conditions for voluntary drug delivery have been studied. The criminal procedure aspects of the absolute discharge of a person from criminal liability are also determined. The regulations for the distribution of drugs were analyzed when the employees of operational divisions carried out operational-search measures to seize them, as well as during the inspection of the scene. The article presents the problems that, in practice, when deciding on the termination of a criminal case, investigative and inquiry bodies may face. The article provides an interpretation of the criminal law norms of the Criminal Code, which affect the decision-making on the absolute discharge of a person who voluntarily expressed a desire to deliver drugs.