Exemption from criminal liability under Article 307 of the Criminal Code of Ukraine

Among crimes involving narcotics, Article 307 of the Criminal Code of Ukraine is the most common. Criminal actions under this article are based on direct intent combined with the sale of prohibited substances. In almost all cases, drug-related offenses are committed for profit. In this article, we will consider the issue of exemption from criminal liability under Article 307 of the Criminal Code of Ukraine.

To begin with, let's note the following: quite often, in the preparation for sale, a person is accused on the basis that drugs were found in his possession. The investigation considers this as evidence of the suspect's desire to carry out illegal sales. Incorrect qualifications may result in a more severe penalty.

Timely legal assistance will be decisive in the process of sentencing under Article 307. Lawyers Prykhodko and Partners provide full legal support to those accused/convicted of drug trafficking.

Article 307 of the Criminal Code: responsibility

Current legislation provides for the following punishment under Article 307 of the Criminal Code: imprisonment for a term of 4 to 8 years. Among the aggravating circumstances under this article:

1. Committing criminal acts by a group of persons based on a prior conspiracy.
2. Sale of narcotics in particularly large quantities.

If they are found, the accused may face up to 12 years in prison.

For the illegal manufacture, transportation, storage of prohibited substances without the purpose of sale, the legislator provides for a milder punishment: fines, correctional works, restriction/deprivation of liberty. Ukrainian courts mainly hear cases related to the distribution of the following drugs: methadone, cannabis, ecstasy, and amphetamine.

In order for the investigative bodies not to be able to reclassify the person's actions according to a stricter part of the article, it is better to get professional legal protection.

In what cases is exemption from criminal liability possible?

After the opening of criminal proceedings under Article 307, the investigation of the case begins and its transfer to court. The next stage is the rendering of a court decision. In some situations, it is possible to release a person from criminal liability.

Among the reasons for this:

• Absence of criminal event and composition of the crime.

For example, a person is accused of selling narcotics. The lawyer proved that his client kept prohibited substances exclusively for his own use. Therefore, his actions should be qualified under another article.

Investigative authorities must gather sufficient evidence base to charge a person under the article on the sale of drugs. It must contain mandatory signs of the composition of illegal actions.

• Non-involvement of the suspect in the commission of criminal acts under Article 307 of the Criminal Code.

For example, prohibited substances were "thrown" at the suspect to discriminate against him. The lawyer gathers sufficient evidence to prove this fact. The result is the release of the suspect from criminal liability.

Protection of a lawyer under Article 307 of the Criminal Code

If you are charged with trafficking in a prohibited substance, the first place to start is to get professional legal help. Lawyers Prykhodko and Partners provide a full range of services under Article 307 of the Criminal Code.

Before cooperating with a specialist, we do not recommend giving any testimony. According to court practice, the prosecution can use previously given testimony to prove a person's guilt. That is why it is necessary to immediately choose the right protection strategy. Our lawyers will be able to help you with this.

The involvement of a professional lawyer increases the probability of obtaining a positive result. This can be a significant mitigation of punishment or exemption from criminal liability under Article 307 of the Criminal Code. The main thing is to involve a lawyer as early as possible, at the stage of detention or interrogation. There are rare cases when witnesses under this article become suspects after interrogation.

Important: every person has the right to professional legal protection. You can ask the law enforcement to bring in a drug lawyer and you are not required to give any testimony until he arrives.

Therefore, in most cases, it is difficult to correctly interpret illegal actions under the article on the sale of drugs. During court hearings, various elements are taken into account, in particular, the so-called "assessment of social harmfulness". In some situations, the measure of punishment is fines. Our lawyers have the necessary practical experience in drug trafficking cases. You can count on highly qualified legal assistance. Reviews of our customers are the best confirmation of this.

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