To the issue of the concept and moment of the end of the illegal sale of drugs committed using the Internet or other information and telecommunication networks
Автор: Tokmantsev D.V.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Противодействие наркоугрозе: проблемы, пути решения
Статья в выпуске: 3 (48), 2022 года.
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The article discusses the approaches proposed in the science of criminal law and developed in judicial practice to the understanding of electronic and information and telecommunication networks, the criminal and legal assessment of using such networks for the illegal sale of drugs, and determining the moment when this crime ends. The conclusion is substantiated that the use of information and telecommunication networks not only at the stage of passing drugs, but also at the stage of manufacture, possession, storage, transportation, processing of drugs for the purpose of their sale must be qualified under paragraph «b» of Part 2 of Art. 228.1 of the Criminal Code of the Russian Federation, even if the passing of drugs was carried out from hand to hand. It is proposed, when deciding the issue on the moment of the end of the illegal sale of drugs, committed remotely using information and telecommunication networks, to proceed from whether the place of stashing drugs was predetermined (agreed with the customer beforehand) and in what way the customer was informed about the location of the hiding place (directly by the drug courier himself or indirectly through the operator).
Sale, information and telecommunication networks, internet, electronic networks, mass media, manufacture, process, acquisition, possession, transportation, narcotic drugs, drugs, psychotropic substances, completed crime
Короткий адрес: https://sciup.org/140296547
IDR: 140296547 | DOI: 10.51980/2542-1735_2022_3_77