Article 309 part 1 of the Criminal Procedure Code – Lawyer in the case of illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues without the purpose of sale

According to statistics, the most common articles of the current Criminal Code of Ukraine related to the illegal production and storage of narcotics are Article 309. Currently, the free circulation of any narcotic substances is prohibited in Ukraine. Therefore, administrative and criminal legislation provides for responsibility for committing similar actions. If you are charged under the first part of Article 309 of the Criminal Code, use the legal assistance of our specialists - lawyers Prykhodko and Partners.

Judicial practice under Article 309 of the Criminal Code

Let's consider the practical aspect - judicial consideration of cases under the first part of Article 309 of the Criminal Code. Let's start with the fact that the sanction for illegal acquisition/storage of narcotic and psychotropic substances without the purpose of sale provides for the following punishment:

• Administrative fine - from 1000 to 3000 NMDH.
• Repair work - up to 2 years.
• Arrest - up to 6 months.
• Limitation of freedom - up to 5 years.

The maximum term of punishment under Article 309 of the Criminal Code is up to 8 years of imprisonment.

Criminal offenses according to the first part of Article 309 of the Criminal Code belong to the category of criminal misdemeanors. That is why criminal proceedings will have certain features. For example, a pre-trial investigation will be carried out by an investigator, not an investigator.
If the suspect does not deny the circumstances established by the inquiry, the indictment may be considered without the presence of the accused, the victim, witnesses, the prosecutor and other persons.

Important: The Criminal Code of Ukraine establishes some cases when a person may be released from criminal liability for committing a criminal misdemeanor. This is confirmed by Article 45 of the Criminal Code. The main condition is the commission of an offense under Article 309 of the Criminal Code for the first time, sincere repentance, assistance in the investigation, full compensation for damages, elimination of the damage caused. In this case, lawyers can file a motion to the court to release the suspect from criminal liability under Article 309 of the Criminal Code.

Assistance of professional lawyers under Article 309 of the Criminal Code

Quite often, representatives of law enforcement agencies unceremoniously and rudely violate the rights of suspects. Among the illegal actions suspected by the investigators: interrogation without a lawyer, illegal search, intimidation, pressure, coercion to testify against oneself.

To protect your rights and interests, you should use the services of professional lawyers who specialize in cases related to drugs and psychotropic substances.

Experienced lawyers of Prykhodko and Partners will quickly navigate the essence of the case and determine the best defense strategy. We will advise the client on the correct behavior at the stage of the pre-trial investigation. The final outcome of the case will depend on this.
It is worth remembering that a lawyer can be involved in the case at any stage of the criminal proceedings, even after the person has received the status of a suspect.
As practice shows, criminal proceedings under the first part of Article 309 of the Criminal Procedure Code were simply nullified after the case was considered by our lawyers.
Among the services we offer:

• Consulting in 24/7 mode.
• Urgent departure of the lawyer to the place of detention.
• Participation in investigative actions.
• Protection of the interests of the suspect at the stage of pre-trial investigation.
• Representation of the suspect's interests in court.
• Challenging the court's decision in the appeal and cassation procedure (if necessary).

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 309 of the Criminal Code, fill out the form below.