Topic 18. Criminological characteristics of crimes against public health and public morality

18.1. The concept and types of crimes against public health and public morality

Crimes against public health and public morality (Chapter 25, Section IX of the Criminal Code), according to the criterion of the direct object of the encroachment, are divided into three types:

1) crimes against public health related to illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances (Articles 228-234 of the Criminal Code);

2) other crimes against public health that encroach on the sanitary-epidemiological and medical-pharmaceutical safety of the population (Articles 235-238 of the Criminal Code);

3) crimes against public morality, encroaching on the established relationship to cultural values ​​and wildlife (Articles 239-245 of the Criminal Code).

Crimes of the first type in the overall structure of crime constitute the most recorded part of it, while crimes of other types are practically not taken into account by official statistics. Thus, out of 2,89 million crimes registered in 2004, 150,1 thousand were related to drug trafficking, which is 5,2% of the total number of crimes.

In accordance with the norms of Federal Law No. 08.01.1998-FZ of 3 "On Narcotic Drugs and Psychotropic Substances", narcotic drugs and psychotropic substances (hereinafter referred to as drugs) include substances of synthetic or natural origin, preparations and natural materials that are included in the approved resolution Government of the Russian Federation dated June 30.06.1998, 681 No. XNUMX List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation. These narcotic drugs, psychotropic substances and their precursors are included in the List and, depending on the control measures applied by the state, are included in Schedules I-III.

Drugs have a stimulating, depressive, hallucinogenic effect on the central nervous system; with systematic use, a persistent mental and physical need for their constant use develops, leading to physical and moral degradation of the individual.

Precursors are substances often used in the production, manufacture and processing of drugs, the list of which includes substances of 26 names (List IV) approved by the above mentioned Government Decree. Violation of the rules for the production, manufacture, processing, storage, accounting, release, sale, sale, distribution, transportation, shipment, acquisition, use, import, export or destruction of precursors, resulting in their loss, if this act is committed by a person whose duty is to comply with of these rules, is subject to criminal punishment under Art. 228.1 of the Criminal Code.

Potent and toxic substances include substances from List No. 1 of potent substances (119 positions) and List No. 2 of toxic substances (65 positions) approved by the Standing Committee on Drug Control (PCKN) under the Ministry of Health of the Russian Federation. Strong substances are drugs and act on the central nervous system to the same extent as drugs, but with less effect, causing hallucinations, impaired motor functions and a state of dependence. The number of registered crimes in relation to the illegal circulation of potent or poisonous substances (Article 234 of the Criminal Code) is approximately 50 times less than the registered volume of drug-related crimes.

Illicit trafficking of almost all drugs and potent substances (hereinafter referred to as intoxicating substances) is due to their final use as a means of voluntary induction into a state of intoxication, as a result of which an intractable disease of drug addiction or substance abuse develops, as a result of which the body ceases to function normally without periodic intake of these substances.

Drug addiction in accordance with Art. 1 of the Federal Law "On Narcotic Drugs and Psychotropic Substances" is defined as a disease caused by dependence on a narcotic drug or psychotropic substance (Article 1). The term "substance abuse" denotes a nosological unit that characterizes the non-medical use of any substances or medicines that are not classified as drugs (strong substances, solvents, adhesives), but are also the subject of abuse and cause a painful state of mind and behavior. Regulatory recognition of a medicinal substance as a drug automatically transforms a disease diagnosed with substance abuse into a diagnosis of drug addiction, although the clinical picture continues to remain unchanged.

Illicit trafficking in intoxicating substances and the resulting emergence and epidemiological spread of diseases of drug addiction and substance abuse lead to a sharp decrease in the level of physical and moral health of consumers of these substances, deprives them of the ability to perform socially useful functions and reproduce full-fledged offspring. With a mass illness of a part of the population, the state is forced to divert huge resources to the maintenance of the repressive apparatus to combat drug distributors, as well as to organize medical institutions for the rehabilitation of drug addicts and substance abusers, which generally negatively affects the level of the state's economic condition, its defense capability, and public security as a whole.

18.2. The state of crime associated with an attack on the health of the population

In 2003, over 176 crimes were registered in the field of drug trafficking (3,9% less than in the previous year), of which 67,3 crimes (38% of the total) were related to their sale.

In 2004, about 369 thousand crimes committed in public places were registered, of which 7,8 thousand (2,1%) were related to drugs, their analogues and potent substances.

At the present time, the entry of drugs into illicit circulation is carried out through the following channels.

1. Smuggling. In this way, almost the entire cash circulation of drugs produced from plant materials - heroin, opium, cocaine (Afghanistan, Pakistan, Colombia) is ensured.

Ephedrine-containing substances are illegally imported from China, synthetic drugs - from the Netherlands, narcotic drugs - from India. According to the Ministry of Internal Affairs of Russia, in 1998 the total share of intoxicating substances illegally imported from abroad was 15,6%.

2. Manufacturing in clandestine laboratories (1,3% of the total amount seized).

3. Theft of intoxicating drugs. The strictness of the regime for the legal circulation of drugs significantly hinders their illegal seizure from guarded and technically equipped medical warehouses. As a rule, theft is committed by persons to whom drugs were entrusted in connection with the performance of official duties or security. Theft is committed under the guise of professional activity. In 1998, the proportion of crimes of this kind amounted to 21,7% of all registered thefts of intoxicating substances, of which 99,9% were barbiturates and tranquilizers. 86 people were brought to justice for the theft of intoxicating substances.

As a rule, the withdrawal of intoxicating substances is carried out in several ways. This may be a false diagnosis and the subsequent acquisition of the required drug with a fictitious prescription; injection of narcotic drugs under the guise of providing emergency medical care; the illegal sale by employees of private pharmacies of intoxicants and other controlled drugs without a prescription. In 2004, 721 crimes of this type were registered, in 2003 - 161.

4. Illegal distribution of drug-containing drugs under the guise of a legal entity (pharmacy). In this case, medicines are purchased under counterfeit licenses and articles of incorporation from legally operating pharmaceutical companies and then sold to wholesale distributors.

The illicit circulation of precursors is no less a public danger, since without their use the process of drug production is technologically impossible. For example, opium is first processed into acetylated opium using a precursor (acetic anhydride) and only then consumed by intravenous injection. And if in 2004 opium accounted for 3,4% of the total illicit trafficking in intoxicants, the amount of this drug consumed indirectly indicates the required amount of precursors that ensure its use. At the same time, the own volume of seized precursors amounted to 802 kg.

In a similar way, poppy straw, unsuitable for direct consumption, is used, from which alkaloids are extracted into a solution with the help of a precursor (acetic anhydride) or other chemical solvents, followed by their intravenous injection. The approximate amount of precursors spent on the processing of poppy straw should be calculated based on the volume of the narcotic drug itself, the share of which, according to the Russian Ministry of Internal Affairs for 2004, in the total structure of all seized intoxicating substances was 14,4% (or 4665,9 kg) .

Thus, the indirect consumption of precursors due to their inclusion in the molecule of a narcotic drug indicates the same degree of public danger of their illicit trafficking for public health as the final product.

18.3. Criminological characteristics of the personality of a criminal acting in the field of drug trafficking

In 2004, 68 people were prosecuted for crimes related to drug trafficking, 852% of which were persons aged 54,1 to 18 years (29), none of them under the age of 37 years.

The degree of feminization of these crimes is 16,4% (or 11 people), although it can increase sharply in a number of areas of criminal activity. For example, in the healthcare sector, the predominance of female staff is noticeable. According to the Central Internal Affairs Directorate of the Saratov Region, in 261, of all those investigated under Art. 1997 of the Criminal Code of criminal cases against medical workers, 234% of them were women.

The number of users of intoxicating substances brought to justice amounted to 134 people, which is 937% more than the same indicator of the previous year. In the general structure of consumers of intoxicating substances, the largest share falls on consumers of opium - 15%, hemp derivatives - 40,6%, heroin - 32,1%.

According to the Russian Ministry of Internal Affairs, as of August 2005, approximately 8 million people in the country regularly take drugs, 70% of whom are aged 18 to 30 years. At the same time, only 2002 people were registered with the institutions of the Ministry of Health in 494.

An increase in the consumption of intoxicating substances inevitably determines the growth of other common crimes, especially those of a mercenary nature. In 1998, users of intoxicating substances committed 24,3% of property crimes completed by investigation. At the same time, out of the total number of those who committed crimes in 2004, more than 5 thousand people (0,5%) were in a state of drug intoxication.

Illicit trafficking in intoxicating substances is provided by the criminal activities of the following groups of its participants.

1. Small-scale distributors of intoxicating substances. Crimes are committed by them, as a rule, in places of satisfaction of consumer demand or traditionally associated with the sale of substances prohibited for circulation. Marketing includes providing the consumer with a choice of ready-to-use substances, as well as associated chemical components, including precursors, used in the drug manufacturing process.

2. Suppliers of intoxicating substances purchased abroad. The offender, as a rule, has only the necessary skills and abilities for the covert delivery of drugs from the territories of countries with a liberal regime for the circulation of drugs (China, India, etc.), which have a developed technological base for the clandestine production of synthetic intoxicants (for example, "ecstasy" in Holland ), or their traditional growth (Afghanistan and the territories of neighboring states).

3. Distributors of the precursor - acetic anhydride. These groups are not characterized by passing trade in drugs or strong drugs.

4. "Clonidine", or persons who use the potent substance "Clonidine" to put their victims to sleep, followed by the theft of their property. Crimes of this kind are committed with the participation of persons who are able to win over potential victims, for example, young attractive women. Stations, hotels or crowded public places are chosen as crime scenes, excluding the subsequent possibility of establishing the circle of persons involved in the crime. The factor of nationality does not play a decisive role and only slightly influences the choice of the object of criminal influence. The level of illegal circulation of this substance is determined, on the one hand, by the mercenary motives of the dealer, who receives an insignificant material benefit due to the difference between the purchase price and the sale price of clonidine, and on the other hand, by the mercenary aspirations of the purchaser of the substance, aimed at the subsequent taking over of someone else's property as a result of exposure to the acquired substance on the body of the owner or other owner of the property.

5. Organized groups for the sale of potent drugs under the guise of a commercial activity of a legal entity.

Here it is necessary to distinguish between the involvement of substances using the organizational and legal form of a legal entity and the performance of official duties of an individual within the framework of the commercial activities of the legal entity itself. In the first case, the state registration of a legal entity is carried out without the intention to carry out activities determined by the constituent documents, but is aimed at giving legality to socially dangerous acts. In the second case, a legal entity (a pharmaceutical company, a private pharmacy, a medical state institution with the rights of a legal entity) is engaged in its statutory activities, however, persons to whom potent medicinal substances are entrusted in connection with the performance of official duties (pharmacist, doctor), or persons with the right their disposal (the owner of the pharmacy or the executive director), carry out their illegal sale.

Another feature of the crimes committed by this group of participants in drug trafficking is the volume of substances involved in illicit trafficking. If in the first case the bill goes to hundreds of thousands of dosage forms, then in the second case the volumes are insignificant, which is determined by the scope of acceptable losses or the logic of the prescribed "treatment".

It has its own characteristics and range of potential consumers of potent substances. So, in the first case, criminal activity is focused on an indefinitely wide circle of people; in addition, large volumes of substances sold imply the presence of a lower level of small-scale distributors who create their own network of retailers of potent substances. In the second case, a personal relationship is established between the distributor and the consumer, due to the retention of the position and the desire to receive an illegal, stable income.

In addition, in the first case, organized activity can be carried out by criminals with a high level of professional training, which allows them to navigate the structure of licensing and permitting authorities, conduct commercial negotiations and conclude contracts, be a participant in settlement and credit relations and resolve other issues of economic activity of a legal entity, when competence acts as a security guarantee. In the second case, the educational and intellectual level is largely determined by the required qualities of the position held, although, in combination with characterological features, they can affect the species diversity of the acts performed.

18.4. Factor complex of crime in the field of drug trafficking

Involvement in the consumption of intoxicating substances is largely a psychosocial problem that arises as a result of resolving interpersonal conflicts with insufficient social adaptation of the individual, and in some cases, his biopsychological predisposition. The reasons are in the sphere of consciousness, “for all the motivating forces that cause a person’s action must inevitably pass through his head, must turn into an impulse of his will.” [12]

The consumption of intoxicating substances is considered by a part of the population as an effective way of avoiding problems; it is a reaction to the inability of self-realization in the existing socio-economic relations, as well as to the low level of social protection and support from institutional structures. At the same time, drugs, due to their exceptional ability to change the mental functions of a person, are most "suitable" for achieving the required subjective state.

Among the conditions conducive to anesthesia with psychoactive substances and its spread, it is necessary to highlight the following.

1. Uncontrolled demonstration of scenes in films and video films, publication of printed materials, in which the use of intoxicating substances is considered as a natural attribute of youth culture, an integral part of leisure, relations between the sexes.

2. Widespread advertising of drugs containing drugs and potent substances as components. For example, the composition of the drug "bellataminal" includes a potent substance phenobarbital, and the composition of the drugs "pentalgin" and the widely advertised "solpadein" includes the narcotic drug codeine. The transformation of the main purpose of a drug as a cure for various diseases into a consumer product often determines their choice not according to strictly individual medical prescriptions, but in accordance with the preferences of consumer taste, formed by the distribution of promotional materials for drug-containing drugs. The emergence of drug dependence on the use of drugs imposed by advertising may be the reason for the transition to the use of other intoxicating substances of the narcotic series.

For example, comparing the effect of a narcotic drug (which determines its potent effect) with a similar, but less effective drug that does not contain drugs, often determines the transition to taking narcotic drugs. According to research results, in 6,9% of cases the cause of drug addiction was the initial consumption of potent substances, while among the motives for switching to drug use in 49% of cases was curiosity, and in 30,3% - the lack of the expected effect. [13]

3. Presence of centers of state instability (Northern Caucasus), ethnic and interstate conflicts in regions with traditional drug production (Afghanistan, Central Asia) and, as a result, weak control over drug trafficking. At the same time, many non-governmental organizations, as part of the provision of humanitarian assistance to the affected population, often carry out the supply of internationally controlled substances.

4. The general growth of consumer opportunities of the population, which favorably affects the drug market, the growth of profitability per unit of goods and, accordingly, its attractiveness as an object of expansion by transnational criminal communities.

The high profitability of drug deals is viewed by a part of the population as an effective means of obtaining the desired material benefits with minimal physical and intellectual effort, especially in the context of imposed values ​​and norms that justify any way to achieve material well-being.

The acquisition of mental and physical dependence as a result of non-medical drug use is characterized by an increase in the frequency of their use and quantity, as well as the material resources required for this. Constant financial dependence often forces a drug addict (drug addict) to deliberately involve other people who do not have a criminal experience in acquiring drugs as consumers in order to act as an intermediary with an illegal seller at their expense. According to a number of authors, one drug addict, if he is not isolated from society, can contribute to the disease of 10-17 people, which leads to an expansion of the social base of the drug business and, as a result, to an increase in the amount of drugs consumed. It should also be taken into account that the beginning of drug use, as a rule, is associated with collective leisure, and in 22,5% of cases it took place together, and in 63,8% of cases - in a company of three or more people.

5. The low effectiveness of criminal law provisions providing for liability for the legalization of drug proceeds, the absence of confiscation of property obtained as a result of committed crimes in relation to intoxicating substances as a form of punishment. In addition, if the illegal possession of drugs is considered from the position of a completed crime and entails a punishment associated with imprisonment, then similar actions with potent substances or precursors are not subject to criminal liability. The inconsistency in the regimes of criminal law control of different types of substances intended for intoxication obviously means the actual legalization of illegal manufacture, processing, purchase, storage, transportation or shipment of potent substances for personal consumption. Removal of illicit trafficking in potent substances and precursors from criminal and administrative control is, in fact, the elimination of all barriers to the emergence and spread of substance abuse among users of intoxicating substances.

18.5. Measures to prevent drug trafficking

According to the level of preventive impact, it is customary to single out general and special preventive measures.

In the first case, a positive direction in the development of society and all its institutions objectively contributes to social improvement and reduces the risk of resolving internal and interpersonal conflicts through the illegal use of drugs or stopping their further use. Among the specific measures of general prevention, the following areas of state efforts can be distinguished:

▪ implementation of socially oriented economic reforms to eliminate poverty and domestic instability;

▪ formation of moral standards for achieving spiritual comfort, ensuring real accessibility of scientific and cultural values;

▪ promotion and support of a healthy lifestyle, fostering a stable aversion to the use of psychostimulants in any life situations;

▪ establishment of strict border control over incoming and transit cargo, as well as migration flows.

Special preventive measures are aimed at limiting the illegal circulation of intoxicating substances and the resulting spread of drug addiction and substance abuse. This group includes the following activities:

▪ international cooperation and joint efforts to protect state borders, conduct joint special operations to destroy drug crops, unify legislation in the field of combating drug crime;

▪ establishment of criminal liability for illegal actions with precursors, potent and toxic substances committed by a common entity without the purpose of sale; restoration of such type of criminal punishment as confiscation of property; extending the rules of criminal liability for the legalization (laundering) of funds or other property acquired by other persons by criminal means to cases of failure to provide documentary evidence of the legal origin of the property;

▪ development of measures for effective treatment and rehabilitation of patients with drug addiction and substance abuse. Rehabilitation of drug addicts is still carried out in the absence of unified programs and approaches to their implementation developed and approved by the state, as well as generalized criteria for assessing their effectiveness;

▪ improving measures to limit illicit trafficking, including substances that are indifferent to criminal law, taking into account the likelihood of replacing the non-medical consumption of some substances, caused by their inaccessibility, with others, for example, alcohol and products based on it;

▪ exercising control over the legal circulation of substances in the professional sports industry. According to the All-Russian Research Institute of Physical Education and Sports, from 10-12% to 38% of young people involved in mass sports consume so-called anabolics (stimulants comparable in effect to drugs);

▪ prohibition of advertising and free sale of medicines containing narcotic and psychotropic substances as components;

▪ development of a set of legislative measures providing for compulsory treatment of drug addicts and substance abusers.

Thus, the use of the whole range of measures of economic, socio-cultural, legal, moral and organizational impact is the main condition for the permissible restriction of the illegal circulation of intoxicating substances.

Authors: Vasilchikova N.V., Kukharuk V.V.

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