Drug trafficking is the trade in narcotic substances such as heroin, cocaine, cannabis, marijuana, ecstasy, etc. It certainly represents the first item in the mafia's criminal turnover. To handle drug trafficking, are powerful and well-structured criminal organizations that not only can count on capitals, means and men, but also establish with other criminal groups from other countries in the world, such as the Colombian, Mexican, Bolivian cartels, specific trade agreements aimed at the transport of drugs and weapons from the places of production to those of consumption.
Drug trafficking, in fact, is defined as a transnational crime, capable of exploiting both the diversity of laws in force in the different countries of the world, and the lesser capacity to enforce the law of some states.
More specifically, in accordance with art. 74 of the Consolidated Law on Narcotic Drugs, the crime of association for drug trafficking purposes occurs when three or more people associate in order to commit more than one of the crimes mentioned in article 70, subparagraphs 4, 6 and 10, (excluding operations related to substances listed in category III of Annex I of Regulation (EC) No 273/2004 and of the Annex of Regulation No 111/2005 or Article 73) and whoever promotes, establishes, directs, organizes or finances the association is sanctioned - for this only - with a custodial sentence of not less than twenty years.
This article, therefore, sanctions the creation of an association of people destined to illicit drug trafficking, the so-called drug precursors.
It is a typical associative crime, therefore, its essential feature is the presence of several active subjects, in variable numbers, depending on the case: In addition di this, it is required a stable and permanent bond between them, which is aimed at carrying out a criminal program.
It is not essential that all competitors act to satisfy the same purpose, but the art. 74 may also include the association that permanently involves the drug importer and the small dealer of the same substance, the drug supplier and the sellers who receive it to interact with the final customers in the so-called «retail sale», that is, the retailer and the loyal buyers of the substance.
Our Study of International Criminal Lawyersis known for having provided assistance to people involved in wholesale trade of large quantity of drug, the most famous drug trafficking routes in the world.
It is important to highlight that the implementation of the penal program is not necessary for the purposes of committing the crimes at issue, since individual participatory conduct represents, in any case, a punishable offense.
Those accused of this serious crime will be able to contact our team and will have the opportunity to be assisted by some of the most specialized lawyers in drug trafficking; in fact, over the years our Associate Firm has gained a great deal of experience in the field, supporting alleged "Drug traffickers" accused of operating between Italy and South America.
A very useful experience in the field, provided by each Criminal lawyer that collaborates with our Firm, is represented by knowledge of the best known routes by which drugs reach Europe and, in particular, Italy, as well as knowledge of the legislation. in force on drug trafficking in the countries most affected by drug trafficking.
In the crime of drug trafficking, the term "drug" means any substance capable of being used for the production of narcotic drugs or psychotropic substances, all substances identified and classified in categories 1, 2 and 3 of Annex I of the Regulation (EC ) not. 273/2004 and the annex to regulation (CE) no. 111/2005, including mixtures and natural products containing these substances.
On this subject, it is of fundamental importance to know that recently, with judgment no. 563 of January 8, 2018, the Supreme Court specified the distinctive feature between the association dedicated to drug trafficking in accordance with art. 74 of d. lgs n. 309/90, the aggravating circumstance referred to in article 7 of Law 203/1991, and the association referred to in art. 416-bis of the Penal Code
The Court of Cassation determined that the competition between the association referred to in art. 416-bis cod. ballpoint. and the one referred to in art. 74 Presidential Decree 309 of 1990, taking into account the partial diversity of protected legal rights, namely, public order and individual and collective health. Furthermore, according to the Supreme Court judges, the association dedicated to drug trafficking is used if and only if the association was born and developed only for the purpose of operating in the narcotics sector.
According to the judge of legitimacy, therefore, the distinctive feature between the two forms of association resides in the teleological element; the programmatic purpose of the association must be considered.
The jurisprudence of legitimacy has thus expressed its orientation according to which in the association referred to in art. 416 - bis cod. ballpoint. The mafia method has a scope that is not limited to drug trafficking, but is fundamentally projected into the imposition of a sphere of domination, which includes the commission of a whole series of crimes that are not limited to the drug sector.
For a better defense against this type of accusation, it is necessary that the Criminal lawyer have a broad knowledge of the subject, as well as a lot of experience in the matter; all the experience that International Lawyers Associates is perfectly capable of providing.