Voluntary renunciation of illegal sale or purchase of narcotic drugs: some law enforcement issues

Abstract

This article analyzes decisions rendered by appellate and cassation courts in cases recognizing voluntary refusal in the actions of individuals selling or purchasing narcotics. The author concludes that voluntary refusal is impossible when carrying out procedural actions against a person for an act containing elements of a crime that is known to law enforcement agencies. Article 31 of the Criminal Code of the Russian Federation may be applied in cases where a person, by reporting information, voluntarily ceases a crime that is unknown to law enforcement agencies. Courts of first instance or appellate courts make mistakes related to the failure to take into account the signs of voluntary refusal, which subsequently entails the cancellation of such decisions and the termination of criminal cases on the basis of paragraph 2 of part 1 of Article 24 of the Criminal Procedure Code of the Russian Federation.