Article 315 of the Ukrainian Criminal Code – a lawyer in a case of addiction to narcotic drugs, psychotropic substances or their analogues

A significant part of the criminal cases initiated by representatives of law enforcement agencies, in one way or another, is connected with the manufacture or trade of prohibited substances and their illegally manufactured analogues. Ukrainian legislation provides for severe punishment for these crimes. One of the illegal actions related to drugs is provoking the use of narcotic drugs, psychotropic substances or their analogues. The specified actions fall under the sanctions of Article 315 of the Criminal Code of Ukraine. If you need a lawyer for this article, the specialists of our law firm Prykhodko and Partners are ready to provide you with comprehensive legal assistance.

It should be remembered that in most cases the tendency to use prohibited substances leads to criminal responsibility. In particular, the Criminal Code has section XIII dedicated to this group of criminals. In this chapter, illegal actions and sanctions for their commission are described in detail.

Article 315 of the UCU: responsibility

The object of the crime under Article 315 of the Criminal Code of Ukraine is self-esteem, health, and in some cases, people's lives. The basis of the objective aspect of illegal activity is the belief in the use of psychotropic substances, narcotics or their analogues by a certain person/group of persons.

Let's take a closer look at the concept of "inclination of a person to use drugs". Under this concept, the legislator defined a whole set of directed actions without the use of violence directed at the consent of another person to use prohibited substances by persuasion, persuasion, suggestion, etc. If such actions are related to violence, they are reclassified under the second article, namely - 314 of the Criminal Code.

The crime is considered completed from the moment when actions aimed at attracting third parties to the use of prohibited substances are committed. At the same time, the following are not taken into account: the degree of narcotic intoxication, repeated use of psychotropic or narcotic substances.

The subject of criminal actions under Article 315 of the Criminal Code is general. This is a sane person who was 18 years old at the time of committing the illegal activity. If, for example, the suspect is a minor, his actions will be reclassified under the first part of Article 315 of the Criminal Code. As for the subjective side of criminal actions, it is the presence of direct intent.

Among the qualifying signs of criminal activity:

1. Repeatability
2. The fulfillment of two or more people.
3. Attracting persons under the age of 18 to use narcotic drugs or psychotropic substances.

Responsibility provided for in this article:

• Limitation/deprivation of freedom for a period of up to 5 years (part one) – inclination of a person to use prohibited substances.
• Deprivation of freedom for a term of up to 12 years (part two) - specified in the first part of the action if there are qualifying symptoms.

If you are charged under article 315 of the Criminal Code of Ukraine, you will need the help of a drug lawyer.

Specifics of cases related to drugs

In criminal cases related to drugs, time plays a very important role. Even at the preliminary stage, we recommend enlisting the support of a professional defender. For example, a lawyer may be needed when forming the evidence base.

At the hearing in court, the lawyer in the case of the production and distribution of drugs will be able to give convincing arguments about the defendant's lack of guilt.

If you are accused of using narcotic or psychotropic substances, we recommend that you remain silent until the defense attorney arrives. Do not sign any documents. This is your legal right, guaranteed by the Constitution of Ukraine (Articles 63 and 64).

Suspicions of propensity to use prohibited substances are confirmed by law enforcement officials on the basis of medical examination results, witness statements, etc. All this must be recorded in official documents.

If you have been detained, the support of our lawyers includes a detailed analysis of the case, establishment of contradictions and violations by representatives of law enforcement agencies and the prosecutor's office. We guarantee the development of an effective protection strategy.

Our experienced lawyers will be reliable assistants in the process of correct qualification of actions, incriminating a person for conviction in the use of narcotic drugs, psychotropic substances and their analogues.

We know all the intricacies of crimes related to the illegal trafficking of narcotic substances, we understand all the complexity and intricacies of procedural actions in the investigation of such cases.

Our lawyers guarantee highly qualified protection for both suspects and accused persons, as well as victims. Regarding the cost of the drug lawyer's services, it is calculated individually for each specific case based on its complexity and other circumstances.

Do you still have questions? We are waiting for a preliminary consultation in a convenient format for you (offline or online)! To calculate the cost of a lawyer's services under Article 315 of the UCU, fill out the form below.