Methods of involving minors in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues

Abstract

The article examines in detail the methods of involving minors in illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues, as an element of the forensic characteristics of the specified criminal offense. The provisions of Article 2 were analyzed 307 of the Criminal Code of Ukraine, which provides for illegal production, manufacture, acquisition, storage, transportation or forwarding for the purpose of sale, as well as illegal sale of narcotic drugs, psychotropic substances or their analogues committed with the involvement of a minor.
 Attention is drawn to the fact that all the variety of ways of involving a minor in illegal activities can be combined into two main groups: related and unrelated to the use of violence or the threat of its use. The most common non-violent methods of committing are revealed, which include: a promise, deception, clarification, offer, persuasion, a personal example of the contortionist, etc. The results of the study of the materials of criminal proceedings show that about 88 % of involvements were committed by offering, persuading, explaining, requesting and persuading to commit a criminal offense.
 The most common non-violent way of involving minors in illegal activities is an offer to commit a criminal offense. However, attention is drawn to the fact that the establishment of only one proposal by an adult to commit a criminal offense is not always sufficient to recognize it as a method of entrapment.
 Separate attention is paid to preparatory actions regarding the involvement of a minor in committing the actions provided for in Art. 307 of the Criminal Code of Ukraine. Such actions are diverse, but the following should be considered the most common: 1) search for children, before committing illegal actions, their selection, manifestation of friendly relations (70% of criminal proceedings); 2) creating a vested interest (ease of earning, raising authority) in a minor in illegal activities with drugs (67%); 3) facilitating the behavior of a minor in which he loses the ability to control his actions (drinking alcoholic beverages, using narcotics, psychotropic substances), which creates psychological and physical dependence (60%); 4) familiarization of minors with the methods of committing, distribution of roles between accomplices, planning to hide traces of a criminal offense (52%).