Drug crimes - International Lawyers Associates

Drug crimes

If you, a family member or acquaintance is being held for a crime, we can help you.

The crime of drugs from the regulatory provision prohibits the cultivation, production, sale, transfer, distribution, delivery and purchase of drugs.
The purchase or possession of narcotics does not constitute a crime, but only an administrative crime only if it is for personal use only.

After the entry into force of Law 49/2006, it is considered a criminal offense, in accordance with art. 73 TU 309/1990, which illegally produces and traffics non-modest quantities of narcotic drugs or psychotropic substances. Specifically, the regulatory provision prohibits the cultivation, production, sale, transfer, distribution, delivery and purchase of drugs.

All such drug trafficking and detention behaviors for drug trafficking purposes are also considered a crime, even for free.

In tema di reati concernenti sostanze stupefacenti, la detenzione va intesa come disponibilità di fatto della droga.

According to a consolidated jurisprudential orientation, symptomatic indices of the purpose of the sale can be represented by the quantity, quality and composition of the substance, also in relation to the income conditions of the holder and his family, as well as the availability by the agent of the equipment for weighing or packaging means.

Article. 73 paragraph 1 regulates all cases in which non-modest quantities of narcotic drugs are maintained for drug trafficking, that is, amounts exceeding the maximum limits indicated by decree of the Minister of Health.

The sanctions for drugs are severe; Who conducts drug trafficking is punished with a prison sentence of 6 to 20 years and a fine of? 26,000 = a? 260,000 =.

Small fact.

The case provided for in section 5 of art. 73 of Presidential Decree no. 309 of 1990, constitutes an autonomous hypothesis of the crime and is configurable in the hypothesis of the so-called "small store", which is characterized by a lower general scope of the activity of the drug dealer, as well as with a reduced circulation of goods, Money and income. .

This type of crime can only be recognized in cases of minimal criminal offensive conduct, which can be deduced from quantitative and qualitative data.

However, as regards qualitative data, the Supreme Court of Cassation is of the opinion that “in the case of possession of non-significant quantities of narcotic drugs, the different typology of the substance cannot itself constitute sufficient reason to exclude the hypothesis of a mild entity referred to in art. 73 paragraph 5 «. (Cass. N. 48450 of 2016; Cass. N. 14882 of 2017; Cass. N. 29132 of 2017; Cass. N. 8243 of 2018).

The penalties provided for in the minor acts are lower than in cases of drug trafficking of non-modest amounts; provide for prison from 6 months to 4 years and a fine of? 1,032 = a? 10,320 =.

Personal use.

The purchase or possession of narcotics does not constitute a crime, but only an administrative offense only if it is for personal use only.

In our legal system there is no clear notion of "personal use", however, the legislator has provided a series of criteria that the judge will have to identify whether personal use exists or not.

  1. These criteria are:
    the quantity and quality of the narcotic substance, if it is greater or less than the limits established in the ministerial tables;
  2. the ways in which the substance is presented or in which it is stored.

Group Consumption

The so-called "group consumption" of drugs is also part of personal use.
Group consumption, both in the case of joint purchase and in the case of a collective purchase mandate to one of the consumers, is not criminally relevant, but complements the administrative offense sanctioned by art. 75 of the same Decree

Presidential, provided that:

  1. The buyer is one of the subscribers;
  2. The purchase is made from the beginning on behalf of the other members of the group;
  3. From the beginning, the identity of the directors and their manifest will to acquire the substance through one of the partners is secure, also contributing financially to the purchase.

To consider the recurrence of administrative crime, it is absolutely necessary for buyers to act on the basis of a mandate received from others.

The consolidated jurisprudential orientation considers that «the purchase and possession of narcotic substances destined for personal use that take place from the beginning in the name and in the interest of other persons than the agent, when it is safe since I begin their identity and I express your willingness to obtain substances intended for consumption. " (Cass. No. 37078 of 2007).

In this regard, in addition, the Supreme Court of Cassation is of the opinion that «for the configurability of the co-retention hypothesis for group drug use, rigorous evidence is required that the drug was purchased jointly, with the money for all participants in the group and in order to assign it to their exclusive consumption «. (Cass.n.35682 of 2007).

In our system, the use of a lawyer is mandatory; therefore, it would be good to contact an expert defender in the field, who can recommend the most appropriate strategy for the position of the person in question.

If you, a family member or acquaintance is being held for a crime, we can help you.

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    Well done, good decree.
    • Estela Gracia Bertolotto
    5

    Summary

    The crime of drugs from the regulatory provision prohibits the cultivation, production, sale, transfer, distribution, delivery and purchase of drugs.

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