Criminal Law Measures Applied to Convicts with Drug and Other Addictions: Current Status, Problems of Implementation

The study of the current criminal law measures applied to convicts with chemical dependence, the specifics of their application, demonstrates the specifics of their legislative design and subsequent implementation. Despite the fact that the threat of committing a crime as a result of drug, alcohol dependence (substance abuse) or direct use is probabilistic, the analysis of statistical data confirms a􀁢consistently high level of criminal offenses committed while intoxicated. The proportion of the total number of convicts who committed crimes while intoxicated in 2021 was 28.3 %, in 2022–25.9 %, in 2023–24.5 % and in 2024–22.5 %, while crimes under the influence of drugs are committed in less than 1 % of cases. Potentially, crimes committed while intoxicated or for the purpose of subsequent use threaten or harm various spheres of life. The article draws attention to the need for a flexible approach to assigning duties related to treatment (rehabilitation), both at the stage of passing a court verdict and during its execution, thus giving the court the right to assign appropriate duties to convicts on the recommendation of a􀁢specialized state body responsible for monitoring and supervising convicts. In addition, given the high level of persons who have committed crimes under the influence of alcohol, it is advisable to provide for the possibility of imposing an appropriate duty on a wider range of persons. Special attention is paid to the essence of the responsibility of convicts using the provisions of art. 72.1 of the Criminal Code of the Russian Federation. The article substantiates the need to consolidate in criminal law and penal enforcement norms the specifics of the responsibility of these persons, which consists in applying measures of influence to convicted evaders (maliciously evading) from undergoing treatment (rehabilitation), as part of serving the type of punishment imposed by the convict. The establishment, differentiation and individualization of the responsibility of convicted persons with dependence are associated with the need to solve organizational and law enforcement problems, will contribute to a􀁢uniform interpretation of the norms under consideration and achieve the goals of both the imposed punishment and the treatment (rehabilitation) of the convicted person.