Narcotr ico with Italy - International Lawyers Associates

Drug trafficking

We cover all the needs of the detainee, his family and loved ones.

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.

Es un delito asociativo clásico, por lo tanto, la característica esencial del mismo es la presencia de varios sujetos activos, en número variable según el caso, además, se requiere un vínculo estable y permanente dirigido a la realización de un programa criminal.

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.

En el delito de tráfico de drogas, el término «droga» significa cualquier sustancia susceptible de ser utilizada para la producción de estupefacientes o sustancias psicotrópicas, todas las sustancias identificadas y clasificadas en las categorías 1, 2 y 3 del Anexo I del Reglamento (CE) no. 273/2004 y el anexo del reglamento (CE) n. 111/2005, incluidas las mezclas y productos naturales que contengan estas sustancias.

Sobre este tema es de fundamental importancia saber que recientemente, con sentencia núm. 563 de 8 de enero de 2018, la Corte Suprema precisó el rasgo distintivo entre la asociación dedicada al narcotráfico de conformidad con el art. 74 de d. lgs n. 309/90, la circunstancia agravante a que se refiere el artículo 7 de la Ley 203/1991, y la asociación a que se refiere el art. 416-bis del Código Penal.

The Court of Cassation determinó que la competencia entre la asociación a que se refiere el art. 416-bis Código Penal y el referido en el art. 74 Decreto Presidencial 309 de 1990, habida cuenta de la diversidad parcial de los bienes jurídicos protegidos, a saber, el orden público y la salud individual y colectiva. Además, según los jueces de la Corte Suprema, la asociación dedicada al narcotráfico se utiliza si y solo si la asociación nació y se desarrolló solo con el propósito de operar en el sector de narcóticos.

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.
La jurisprudencia de legitimidad ha expresado así su orientación según la cual en la asociación a que se refiere el art. 416-bis Código Penal. El método de la mafia tiene un alcance que no se limita al narcotráfico, sino que se proyecta fundamentalmente en la imposición de una esfera de dominación, que incluye la comisión de toda una serie de delitos que no se limitan al sector de las drogas.

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.

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

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 soft drugs, hashish and marijuana, and the so-called hard 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.

Más concretamente: cuando tres o más personas se unan con el fin de cometer más de uno de los delitos previstos en el artículo 73, quien promueva, establezca, dirija, organice o financie la asociación sólo será sancionado por ello con pena privativa de libertad no menor a 20 años.

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.

Si la asociación se constituye para cometer los hechos descritos en el apartado 5 del art. 73, se aplican los párrafos primero y segundo del artículo 416 del Código Penal.

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.

Assistance to the detainee at the police station

We maintain contact between the affected person and their relatives and loved ones

In the event of detention, the first priority is to receive specialised legal assistance as soon as possible and to be able to maintain contact with the outside world.

 Si Usted o un ser querido ha sido detenido, podemos ayudarlos.

Assistance at the police station

Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.

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We offer information, assistance and advice to the detainee and his family for the duration of the entire process.

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