Актуальные вопросы уголовно-правовой характеристики незаконной выдачи либо подделки рецептов или иных документов, дающих право на получение наркотических средств или психотропных веществ

Abstract

The article focuses on some criminal characteristics of the illegal issue or forgery of prescriptions or other documents entitling persons to obtain narcotic or psychotropic substances. Art. 233 of the RF Criminal Code is analysed to specify the indications of corpus delicti of the discussed crime. The author investigates various types of competitive penal provisions that arise in the process of qualifying the illegal issue or forgery of prescriptions or other documents entitling persons to obtain narcotic or psychotropic substances, paying particular attention to the fact that now the number of convicts under Art. 233 of the Criminal Code of the Russian Federation is insignificant in relation to all those convicted of crimes in the field of illicit trafficking in narcotic drugs and psychotropic substances. The author argues that the detection and investigation of the illegal issue or forgery of prescriptions or other documents entitling persons to obtain narcotic or psychotropic substances requires special training and certain experience from authorized subjects. She refers to the higher court on the categories, which, when clarified, would reveal the indications of illegal issue or forgery of prescriptions or other documents entitling persons to obtain narcotic or psychotropic substances. It is noted that there had been a law providing for liability for the sale of forged documents in the criminal law, but it lost its legal force. The author emphasizes that it would be fair for the state to unify norms to ensure compliance with the norms on the protection of public health under pain of being held liable for the sale of fake prescriptions or other documents entitling persons to obtain narcotic or psychotropic substances. The author points out that, if trafficking were included in the disposition of Art. 233 of the Criminal Code of the Russian Federation, it would create conditions for determining measures aimed at eliminating crimes in the field of illicit trafficking of narcotic drugs and psychotropic substances.