Forbidden potion

The Criminal Code of the Republic of Belarus establishes criminal liability for the illicit trafficking of narcotic drugs and, depending on the severity of the committed crime, provides for punishment up to 15 years of imprisonment with confiscation of property.

At the same time, persons who voluntarily surrender narcotic drugs, psychotropic substances or their precursors, and actively contribute to the detection or suppression of a crime related to the illicit trafficking of these substances, the exposure of persons who committed them, the discovery of property obtained by criminal means, are exempted from criminal liability for this crime.

The state policy in the sphere of combating illicit drug trafficking is aimed at the complete eradication of such a phenomenon. This is supported by the Law of the Republic of Belarus No. 408-Z "On Narcotic Drugs, Psychotropic Substances, Their Precursors and Analogues".

The aforementioned Law defines the legal and organizational framework of state policy in the sphere of circulation and combating illicit trafficking of narcotic drugs, psychotropic substances, their precursors and analogues, and is also aimed at preventing the consumption of narcotic drugs, psychotropic substances, their analogues in order to ensure national security, protect the life and health of citizens. In addition, the law significantly expanded the list of prohibited substances and preparations not used for medical purposes, which are classified as narcotic, and accordingly their illicit trafficking is also punishable by criminal law.

Offenders in this category of criminal cases are persons of various categories.

Thus, a resident of Minsk, born in 1996, working as an artist, acquired marijuana for his own needs. He transported the prohibited substances by train on his way to the "Slavianski Bazaar" arts festival in Vitebsk, where he was going to participate as part of his music group. The desire to experience a high prompted Vitaly to use the drug at home before the trip. While smoking tobacco products in a place where smoking is prohibited, the offender

was detained by police officers at the Vitebsk railway station, the purchased drug was found on him. The Vitebsk City Department of the Investigative Committee of the Republic of Belarus qualified Vitaliy's actions under Part 1 of Article 328 of the Criminal Code of the Republic of Belarus as illegal acquisition, possession, transportation of narcotic drugs without the purpose of sale. In court, there were no grounds for Vitaliy to dispute his guilt, and he pleaded guilty. The court passed a guilty verdict, and Vitaliy was sentenced to 2 years and 6 months of imprisonment. Considering Vitaliy's lack of a prior criminal record and positive references, the court decided not to execute the imposed sentence if, during a two-year probationary period, he does not commit a new crime and fulfills the obligations imposed on him by the court, namely, in his free time from work and/or studies, he will perform socially useful work for sixty hours. The court obliged Vitaliy to pay a criminal law compensation to the state in the amount of 630 rubles (60 basic units) within six months after the verdict enters into legal force.

Assistant to the Vitebsk Transport Prosecutor 
Junior Counselor of Justice V.O. Shevernovskaya