Scientific approaches to the elaboration of amended version of section 230 by the Criminal Code of the Russian Federation
Автор: Savinkov Anton A.
Журнал: Общество: политика, экономика, право @society-pel
Рубрика: Право
Статья в выпуске: 8, 2021 года.
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The paper contains a brief outline of the author's views on promising directions for improving the criminal law basis for counteracting drug inducement. Thus, taking into account the views of scholars and jurisprudence, the author proposes a variant interpretation of the object of the investigated crime. Based on an analysis of practice, expert assessments and foreign experience, it substantiates the inclusion of the concept of “victim” in section 230 by the Criminal Code of the Russian Federation, developing a definition of the term “inducement” thereof as well as indicating the appropriateness of its reflection in the Criminal Law. In order to distinguish offences and clarify the qualification of a number of situations, the author suggests differentiating the signs of “inducement” by taking into account the characteristics of the intellectual and volitional moments of intent. Lastly, the paper concludes with the author's version of section 230 by the Criminal Code of the Russian Federation supplemented by a judicial interpretation that takes into account the results of the author's scholarly research.
Inducement, narcotic drugs, psychotropic substances
Короткий адрес: https://sciup.org/149137190
IDR: 149137190 | DOI: 10.24158/pep.2021.8.14