The legal role of an intermediary in the illegal acquisition of drugs
Автор: Tokmantsev D.V.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Противодействие наркоугрозе: проблемы, пути решения
Статья в выпуске: 1 (54), 2024 года.
Бесплатный доступ
The article substantiates the conclusion that mediation in the illegal acquisition of drugs can be understood in a narrow and broad sense and have various forms: complicity in the illegal acquisition of drugs (mediation in the narrow sense of the word), co-execution in the illegal acquisition of drugs or sale of drugs (mediation in the broad sense). When determining the legal role of an intermediary, the author proposes to proceed from whether his actions are included in the objective side of illegal drug acquisition or are limited to the objective side of complicity, whether he was a co-owner of drugs with the customer, whether the possession of the drug by the customer depended on the actions of the intermediary, whether he transferred (alienated) the drug to the customer. The author argues for the qualification of the actions of those intermediaries who actually participate in the distribution of drugs as illegal drug sales (they perform two consecutive operations - the acquisition and alienation of drugs).
Acquisition, sale, narcotic drugs, drugs, complicity, co-execution, aiding
Короткий адрес: https://sciup.org/140304519
IDR: 140304519