If drugs are illegal, then why, when in an interview or in a song, someone says that they have taken them, they are not imprisoned for it?

If drugs are illegal, then why, when in an interview or in a song, someone says that they have taken them, they are not imprisoned for it?

The Criminal History of DaBaby

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answers (5)

Answer 1
November, 2020

Here many refer to article 228 of the Criminal Code of the Russian Federation, but many probably do not understand what is at stake. You see - you see, not the norms of the Criminal Law will operate here, but the Administrative Law. Storage, use ... - this is understandable, as well as the fact that the use of drugs will be followed by a fine, in accordance with article 6.9 of the Administrative Code. But for the propaganda of drugs (Article 6.13 of the Administrative Code) why they are not charged with a fine (from 4 to 5 thousand rubles) is a big secret for me.

Answer 2
November, 2020

Not imprisoned, BUT
"For the use of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances of the Code of Administrative Offenses of the Russian Federation, liability is provided in the form of a fine of up to five thousand rubles or administrative arrest for up to fifteen days (part . 1 article 6.9 of the Administrative Offenses Code of the Russian Federation) ".
In theory, you can write a statement to the prosecutor's office, against a person bragging about his drug trips in a song, in order to fine him.

They can only be imprisoned after the fact the presence of a substance, such as - there is a narcotic substance - they planted it, it is already in the body - then only fined.

Answer 3
November, 2020

You have been told everything, of course, but I will touch on the legal aspects of the issue. So, in the Russian Federation (I don’t know the legislation of other countries, so I’ll write about mine) in the Criminal Code of the Russian Federation there is a familiar article 228. “Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances. "
As you can see, the word "use" is not here. Even if some performer used drugs before, but at the moment he does not store them, he does not purchase, transport or manufacture them - there is nothing to show him. You can, of course, conduct an investigation, look for witnesses, eventually go out to a dealer, people who will prove the fact of something listed in the article ... But really, who cares? This can be done with a great desire, but there is a high probability that the person, for example, was lying, or that he was so careful that there was nothing to show him. Well. or he just has a lot of money. You know where we live.
Excerpt from paragraph 1:
"Illegal acquisition, storage, transportation, manufacture, processing without the purpose of selling narcotic drugs, psychotropic substances or their analogues in a significant amount (....) in a significant amount shall be punished with a fine in an amount of up to forty thousand rubles or in the amount of the wage , or any other income of the convicted person for a period of up to three months, or compulsory labor for a term of up to four hundred and eighty hours, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for the same term. "
As you can see, if a person did not trade in sales, very little shines for him, plus, in addition, rather weak evidence, clues from songs ... In general, I think, even with the evidence base, there will be nothing.
Well, and an excerpt from the Notes to Article 228, 1:
"A person who has committed a crime under this Article, who voluntarily surrendered drugs, psychotropic substances or their analogues (.....), and actively contributed to the disclosure or suppression of crimes related to the illegal circulation of these funds, substances or their analogues, as well as to the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, the exposure of the perpetrators, the detection of property obtained by criminal means, is released from criminal liability for this crime. "
That is, if a person helps the investigation to reach people" larger "- once again, he will not be criminally liable.
Well, and there are not many "Escobar" dealers in the art, I think, so I will not talk about large and especially large size.

Answer 4
November, 2020

Because you can use, you cannot sell and store. In addition, oral statements are a slightly off-level source of information to initiate criminal proceedings.

Answer 5
November, 2020

Because the song, like any other work of art, is about a lyrical hero. Even if the author pronounces the word "I", he identifies himself with the lyrical hero, and is not guaranteed to tell from his experience. It turns out like a joke from Twitter "Pharaoh says in every song that he fucked my girlfriend. The girl says that it never happened. I don't know who to believe now"

The interview is about the same. This is not an affidavit, and there is no guarantee that the perpetrator, for example, is really telling the truth, and is not trying to create a hoax around his person.

Of course, after such statements, the regulatory authorities could start checks and monitor every such character in search of precedents, but let's be realistic, you can just as well open up spying on everyone)

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