Lawyer under Article 307 of the Criminal Code of Ukraine – Illegal production, manufacture, acquisition, storage, transportation, shipment or sale of narcotic drugs, psychotropic substances

The current legislation of Ukraine regulates the following: on the territory of our state, illegal production, manufacture, purchase, storage, transportation, shipment or sale of narcotic drugs and psychotropic substances is prohibited. The listed illegal actions are subject to sanctions under Article 307 of the Criminal Code of Ukraine (hereinafter referred to as the CCU). To begin with, let us note that cases involving the illegal circulation of narcotic drugs are among the most complex in criminal practice. That is why a drug lawyer should be involved in their study and consideration.

Criminal proceedings under the article on illegal production of drugs: is there an exemption from liability?

Criminal liability for illegal actions with prohibited substances, in particular drugs, is quite severe. We propose to use Article 307 of the Criminal Code of Ukraine for analysis.

Part one provides for liability for the acquisition or independent manufacture, shipment and other actions related to psychotropic or narcotic substances or their analogues. The punishment specified by the legislator in this part is imprisonment for up to 8 years. The minimum term of imprisonment for the specified actions is 4 years.

In part two, aggravating factors are added to the specified actions, namely: repetition of the committed actions (for example, a person has previously committed a criminal offense under articles on the distribution or use of drugs); involvement of minors; by a group of persons. For such activities, a person is threatened with imprisonment for a term of 6 to 10 years. An additional punishment is confiscation of property.

Part three provides for liability for the actions listed in the previous parts, committed in particularly large quantities. Also, an aggravating circumstance under this article is the involvement of a minor. The accused may face up to 12 years of imprisonment. Additionally, confiscation of property.

Returning to the issue of releasing a person from criminal liability under Article 307 of the Criminal Code of Ukraine, this is provided for in Part four, provided that the person agrees to cooperate with law enforcement officials, namely:

1. Voluntarily surrenders prohibited substances.
2. Assists the investigation by indicating the source of origin of the drugs.

A drug lawyer from our law firm “Prіkhodko & Partners” will be able to provide highly qualified legal assistance even in the most difficult situations.

At what stages of a criminal case can a lawyer help in a case of illegal production or purchase of drugs?

We immediately give an unambiguous answer to this question: a drug lawyer should be involved in the case at the stage of pre-trial investigation. For example, a person was stopped by law enforcement officials and prohibited substances were found in his personal belongings. What to do in such a situation? Do not panic and immediately call a lawyer. Otherwise, a person, even having no relation to the actions under Article 307 of the Criminal Code of Ukraine, will receive the status of a suspect, and later - an accused. It is at the stage of the pre-trial investigation that an effective strategy of actions is developed. And the qualification of the crime, the choice of a preventive measure, etc. will largely depend on the actions of the suspect.

Lawyers of "Prіkhodko & Partners" monitor the legality of the actions of law enforcement officers during the search and interrogation. Before the arrival of a drug lawyer, it is better not to give any testimony at all and not to try to justify yourself. Agree, not everyone can control their own actions in stressful situations. In no case do not be fooled by provocations from the police and pre-trial investigation bodies.

After a person is served with a suspicion under the article on the sale of psychotropic substances or narcotic drugs, a preventive measure will be chosen. In the vast majority of cases, the investigation requires the court to keep him in custody as a preventive measure. Thanks to the involvement of a lawyer, you can get an alternative option - a personal bond or house arrest. If the case against the suspect was initiated without legal grounds for this, the lawyers of "Prіkhodko and Partners" will be able to prove this. We will collect the evidence base that will serve as a justification for the suspect's innocence.

So, let's summarize. Do not give any testimony before receiving advice from a lawyer. In the future, this may lead to a worsening of the suspect's situation. A competent position in criminal proceedings related to the distribution of drugs will allow you to achieve the desired result: significantly mitigate the sentence or obtain exemption from criminal liability.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services under Article 307 of the Criminal Code of Ukraine, fill out the form below.