Reading time: 4 min.
Modern reality presents our society with a number of problems, among which the issue of combating crimes in the sphere of narcotic and psychotropic substance trafficking occupies a special place. One of the key aspects of this problem is cases of smuggling of such means, which are regulated by Article 305 of the Criminal Code of Ukraine (CPC).
What is smuggling of narcotics and other drugs under Art. 305 KKU?
Article 305 of the Criminal Code provides for criminal liability for smuggling narcotics and other drugs. Smuggling consists in the illegal import, export, transfer or forwarding of the specified means across the customs border of Ukraine or their hidden transportation in the customs controlled area.
Court cases under this article require a balanced approach and a deep understanding of the situation, as they can have serious consequences for the accused.
Types of punishment under Article 305 of the Criminal Code
Depending on the circumstances and severity of the crime, the court can apply different types of punishments. Here are the main types of punishments under Article 305 of the Criminal Code:
- Fine. One of the possible types of punishment is the imposition of a fine from fifty to one hundred tax-free minimum incomes of citizens. The amount of the fine can be significant, and it is determined depending on the severity of the crime committed.
- Limitation of will. The court can order restriction of freedom for a period of three to seven years. This means that the convict retains his freedom, but is under the control and restrictions determined by the court.
- Imprisonment. A more serious type of punishment is imprisonment for the same term, which can vary from three to seven years. If the crime is committed repeatedly or organized, the punishment may be even greater.
- Deprivation of the right to hold certain positions or perform certain activities. The court may establish restrictions on the right of the accused to hold certain positions or perform certain activities for a certain period of time.
- Confiscation of property. In the case of drug smuggling, the court may decide on the confiscation of property that was obtained as a result of the commission of the crime or was used to commit it.
- Other measures. The law also provides for other possible punishment measures, such as a special confiscation procedure or restriction of the person’s right to travel outside the country.
It is important to take into account that the specific punishment is determined by the court in each specific case, and takes into account a number of circumstances, such as the gravity of the crime, previous convictions, the method of commission and other aggravating or mitigating circumstances. A lawyer who specializes in smuggling cases can help the accused understand the possible consequences and develop a defense strategy.
How can a lawyer help the accused under Art. 305 KKU?
A lawyer who specializes in cases involving the smuggling of narcotics and other means has deep knowledge in this area, and also understands all the intricacies of the court process. An important part of the defense is the analysis of evidence, the identification of possible violations in the proceedings and the implementation of a strategy aimed at maximally reducing the negative consequences for the client.
Contact our law firm
If you find yourself in a situation related to the case of drug and other drug smuggling, our law firm is ready to become your reliable partner in the fight for truth and justice. We offer you a professional approach, confidentiality and a high level of legal support at all stages of the case.
For consultation or calculation of the price of a lawyer under Art. 305 KKU – Fill out the form below.