Lawyer under 317 articles of the Criminal Code – organization or maintenance of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues

Currently, there are no officially legalized drugs in Ukraine. The exception is medical drugs prescribed by a doctor. The list and order of narcotics is determined by current Ukrainian legislation. According to Article 317 of the Criminal Code, administrative and criminal liability are delineated. Everything depends on the amount of drugs, as well as the place of their use, manufacture or production. If you are charged under Article 317 of the Criminal Code of Ukraine, contact PRIKHODKO & PARTNERS lawyers for help.

Peculiarities of criminal acts under Article 317 of the Criminal Code of Ukraine

According to current Ukrainian legislation, the use of narcotics is not a criminal act. The exception is the illegal use of drugs in public places or committed by a group of persons.

Administrative and criminal liability is provided for the illegal manufacture, production, storage, purchase or sale of narcotic drugs. In addition to fines, Article 317 provides for imprisonment for a term of 4 to 12 years with confiscation of property.

Drug use always involves the purchase, manufacture or possession of drugs. That is, in fact, it is almost always possible to prosecute a person who used drugs.

Illegal use of drugs in public places, provision of premises for this purpose is punishable by imprisonment for a term of 3 to 8 years with confiscation of property.

Thus, the main components of the crime under Article 317 are:

1. The object of the crime is a person's health.
2. The objective side of the crime:

• Maintaining or organizing a place for the production, illegal use or manufacture of narcotic drugs.
• Provision of premises for illegal use of psychotropic and narcotic substances.

A qualified type of crime is the commission of criminal acts under Article 317 for selfish motives. In addition, qualifying features of the crime are:

1. Repetition.
2. Implementation by a group of persons.
3. Involvement of minors.

Among the characteristics of a place for illegal use/production/production of drugs:

• Premises not intended for living (bathhouse, night club, billiard room).
• Housing (apartment, room, house).
• The organizers have identified it as a place for the illegal use/production/production of narcotics.
• Systematic visits to this premises by the same or different people.

Lawyer under Article 317 of the Criminal Code of Ukraine

If you are charged under Article 317 of the Criminal Code of Ukraine, you will need the help of a professional lawyer. PRIKHODKO & PARTNERS lawyers have extensive practical experience in organizing the protection of the rights of suspects under articles related to the illegal use, manufacture and distribution of drugs. The main key to our success is an individual approach to each of our clients.

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