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Drug trafficking, that 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 have capital, 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 directed 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, as well as the lesser capacity to enforce the law of some states.
More specifically, in accordance with article 74 of the Consolidated Law on Narcotic Drugs, the crime of association for drug trafficking purposes occurs when three or more people associate with the purpose of committing more than one of the crimes provided for in article 70, subsections 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 - only for this - 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 classic associative crime, therefore, its essential characteristic is the presence of several active subjects, in variable numbers depending on the case, in addition, a stable and permanent link is required aimed at carrying out a criminal program!
It is not essential that all competitors act to satisfy the same purpose, but it may be included in the case of art. 74 also the association that permanently involves the importer of the medicine and the small traders of the same substance, the supplier of the medicine and the sellers who receive it to interact with the final customers in the so-called «retailer», that is, the retailer and the loyal buyers of the substance.
Our study of International Criminal LawyersHowever, they are known for providing assistance to people involved in the so-called wholesale drug trade. heavy, in large quantities, through the most famous drug trafficking routes in the world.
In addition, it should be noted that the implementation of the penal program is not necessary for the purposes of committing quibus crimes, since individual participatory conduct represents, in any case, the 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.
Penalties for drug trafficking and drug trafficking
Drug producers are scattered throughout the world and, as drug trafficking is considered one of the most serious crimes in the world, they have very severe penalties. In general, anyone who is charged and later convicted of such crimes is subject to penalties ranging from ten to thirty years in prison. The person who sells drugs, therefore, runs the risk of ending up in jail for a long time; Even the penalties provided in the most serious cases can reach those provided for the crime of murder!
Currently, it should be noted that at the legislative level there is a differentiation between the so-called drugs. reading, hashish and marijuana, and the so-called drugs heavy drugs, cocaine, heroin and synthetic drugs. At a transnational and even intercontinental level, any type of substance is usually transported and each Criminal lawyer included in our team has had experience in controversies related to the trafficking of the most varied and currently consumed drugs.
More specifically: when three or more people join together in order to commit more than one of the crimes provided for in article 73, whoever promotes, establishes, directs, organizes or finances the association will only be punished for it with a non-custodial sentence. less than 20!
Those who participate in the association are punished with imprisonment of not less than ten years.
The sanction is increased if the number of affiliates is ten or more or if among the participants there are people addicted to the use of narcotic drugs or psychotropic substances.
If the association is armed, the penalty, in the cases indicated in paragraphs 1 and 3, cannot be less than twenty-four years in prison and, in the case provided in paragraph 2, twelve years in prison. The association is considered armed when the participants have the availability of weapons or explosive materials, even if they are hidden or kept in a storage place.
The penalty is increased if the circumstance referred to in letter e, paragraph 1, art 80 occurs.
If the association is constituted to commit the acts described in section 5 of art. 73, the first and second paragraphs of article 416 of the penal code apply.
The penalties provided for in paragraphs 1 to 6 are reduced from half to two thirds for those who have worked effectively to ensure proof of the crime or to steal resources from the association that are decisive for the commission of the crimes.
When the crime provided for in article 75 of Law No. 685, repealed by article 38, paragraph 1, of Act No. 162, the reference refers to this article.
Now, the drug law has been at the center of discussions for years and, to date, after tougher sanctions, the shipment of a large quantity of narcotic drugs is envisaged as a specific aggravating factor; in fact, if the case involves large amounts of drugs, the penalty is even increased from half to two-thirds. Generally, the law does not specifically define when a quantity of narcotics should be considered 'large', however, the Supreme Court has developed tables to which reference must be made (in particular, the aggravating circumstance in question is usually not explicit when the quantity it is less than two thousand times the maximum value in milligrams, determined for each drug at the ministerial table.
It should also be noted that, as reported in art. 74 of the Consolidated Narcotics Law, the penalty is increased if narcotic drugs or psychotropic substances are adulterated or mixed with others in such a way as to accentuate their harmful potential.
Logically, in order to convict a defendant for the crime of international drug trafficking, it is important to clarify the circumstances in which these accusations were made. In the case of an accusation of this type, the defense attorney specialized in drug trafficking You have the ability to propose a series of cases that focus on legal issues.
In addition to this, however, it is useful to know that in trials of this type the media impact is always very high, so the criminal lawyer The defense officer must be able to better protect the image of his client.
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