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Drug lawyer. Art. 309 of the Criminal Code of Ukraine

It is well known that the sphere of drug trafficking is developing rapidly.

Those who are older (Soviet times) remember how in pharmacies you could buy potassium permanganate (potassium permanganate, as it was officially called). It was bought by boys as an ingredient for explosive packages, pensioners for gardening, but it was always on sale.

Also, in hardware stores sulfuric and hydrochloric acid were sold, which were designed to clean drain pipes and other household purposes. Now all this in retail you will not find. All of the above since the 90s is classified by law as precursors (that is, they are considered one of the ingredients for the manufacture of drugs) and ceased to be in free circulation.

If earlier it was not enough to have money to buy drugs, and you needed to know the special points of their sale or special people, then in the last 20 years it has become possible to make them in the living room in your kitchen, following the “recipes” common among drug addicts or buy on the Internet in abundance represented on a huge number of sites, social networks or instant messengers.

The growth rate of the sphere of drug trafficking is stable and, according to unofficial estimates, covers from 3 to 5 percent of the population or up to 15% of youth (15-30 years). This partly explains the tightening of control and responsibility associated with their trafficking.

Speaking of criminal liability, it is immediately necessary to understand where the Rubicon is, to which there is no such responsibility, and after the transition through which they are already a criminal offense and when you can not do without the help of a drug lawyer.

What are drugs, psychotropic substances and precursors.

First, of course, everything that you find by the police should be related to drugs or be equivalent to them. The law (Decree of the CMU of May 6, 2000, N 770, which approved the TABLES for their classification) divides drugs as follows:

  • narcotic - included in the list approved by law, of natural or synthetic origin, drugs, plants that are dangerous to human health according to the List of Resolution No. 770.
  • psychotropic - included in the list approved by law of natural or synthetic origin, drugs, natural materials that can be addictive, have a depressive or stimulating effect on the central nervous system or cause impaired perception, thinking, behavior and pose a danger to human health according to the List of Resolution No. 770
  • precursors - substances and their salts used in the manufacture, manufacture of narcotic drugs and psychotropic drugs, according to the List of Resolution No. 770
  • analogues - analogues of narcotic drugs and psychotropic substances prohibited in circulation in Ukraine of natural or synthetic origin, not included in the list, the chemical structure and properties of which are similar to the chemical structure and properties of narcotic drugs and psychotropic substances whose psychoactive effect they reproduce.

Drugs, psychotropics, precursors are limited in free circulation and therefore the fact of their presence or seizure from you can immediately serve as the basis for initiating criminal proceedings (a crime with a formal composition) for which a rather serious liability is provided for by the articles of the criminal code.

In such cases, the following circumstances are important:

  • • - do they belong to you
  • • - what actions did you perform with them (storage, distribution)
  • • - are they limited in terms of composition
  • • - what is the mass of dry residue (weight) of the active substance in the composition of the seized

Some of the above questions, for example, whether the seized contains any narcotic or psychotropic properties, are usually answered by the appropriate special (chemical) examination conducted by the court.

It is not a secret that often experts go on about law enforcement authorities and, in doubtful cases, often draw conclusions in the direction of the guilt of the person found and provided by the police for examination.

Now imagine a situation connected with the circulation of the first of the mentioned light "drugs, popularly called" drape "," cannabis "," grass ", marijuana" and others.

For example, are you sure that you have 2-3 grams with you for 1 jamb or dose, usually in an amount less than a matchbox.

What will be your surprise when, after being seized by the police, the weight will be 5.5 grams. Also, it is not uncommon for police officers to replace or increase the weight of a seized item in order to achieve criminal qualifications under Art. 309 of the Criminal Code in relation to an individual.

The indicated illegal actions of an expert or law enforcement authorities can be checked by re-examination (since the seized substances are preserved), the procedure for seizure, sealing, referral of seized drugs and other controlled substances to the examination can be checked. In this case, as they say, weight matters and timely actions by a lawyer in this case will help to avoid trouble.

It is worth noting that at this stage it is difficult to do without an experienced lawyer who will help to understand all the intricacies of such a not very pleasant situation. However, it is advisable to take advantage of it as soon as possible because your fate and the absence of criminal punishment depend on making the right decisions, which will be prompted by a lawyer with great practical experience!

Legislatively approved values ​​of small, large and especially large sizes of drugs (Order of the Ministry of Justice of Ukraine No. 188 of 08/01/2000).

These values ​​have the following legal meaning:

                                                               

Value

Consequences

Small size

Responsibility for administrative misconduct

Large size

Responsibility for criminal misconduct

Extra Large Size

Responsibility for criminal misconduct with more severe sanction

For example, the small size (i.e., when there is no liability for criminal misconduct) for some drugs are:
- cannabis (marijuana) - up to 5 grams,
- heroin - up to 0.005 grams,
- opium acetylated - up to 0.005 grams,
- cocaine - up to 0.02 grams,
- poppy straw - up to 50 grams,
- LSD - up to 0.00001 grams,
- Ecstasy (MDMA or 3,4-methylenedioxymethamphetamine) - up to 0.15 grams.

What other drug offenses are subject to a criminal offense?

Most of the crimes in the field of drug trafficking are accounted for in Article 307 and, to a greater extent, 309 of the Criminal Code of Ukraine, namely: the illegal production, manufacture, purchase, storage, transportation or transfer of narcotic drugs, psychotropic substances or their analogues without the purpose of marketing. The article provides not only a fine, but also the possibility of imprisonment for up to eight years, depending on the gravity of the crime.

So Art. 309 h. 1 of the Criminal Code provides for a fine of up to 100 tax-free minimum incomes of citizens, and deprivation for up to 3 years.

And here is Art. 309 part 2 of the Criminal Code is applied when a repeat offense is committed or when a crime is committed by prior conspiracy by a group of persons or a person who has previously committed one of the crimes provided for in Articles 307, 308, 310, 317 of this Code, or if the subject of such actions was narcotic drugs, psychotropic substances or their counterparts are large in size, and in this case they cannot get off with just a fine. This part of Art. 309 of the Criminal Code of Ukraine provides for imprisonment for a term of two to five years.

Let's see below, and what are the ones indicated in Art. 309 formulations: production, manufacture, acquisition, storage, transportation.

Production (activities aimed at manufacturing using special equipment, mechanisms, devices, with the possibility of carrying out these activities systematically);

Production (actions that result in a drug: processing, mixing, drying, extraction, etc.);

Acquisition (actions after which you receive the drug: purchase, finding, exchange, gift, etc.);

Storage (stay of drugs in the possession of a person, regardless of its duration: the drug is in the hands, clothes, bag, storage at home, etc.);

Transportation (moving drugs from one point to another using any type of transport);

Forwarding (moving drugs by mail, using courier services).

Sales (actions aimed at selling drugs to others, both on a fee-based and on a gratuitous basis).

Moreover, the commission of all of the above for the purpose of subsequent marketing significantly aggravates the situation in a criminal offense.

As you can see from the stated liability for the drug use itself, there is no, but in this case you are always at risk of being caught in their purchase, sale, transportation and based on the information described in this article, it is highly advisable for you to contact a drug lawyer earlier.

You got drugs and now you have problems with the police?

You stumbled and want to avoid opening a criminal case under Art. 309 or other similar articles?

Contact our law firm! We have lawyers and lawyers with extensive practical experience who will accompany you at all stages and will definitely achieve a positive result. We will help to relieve you of liability or significantly reduce it.

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