Lawyer under Article 309 of the Criminal Code – Illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues without the purpose of sale

Offenses related to narcotics are among the most complex and serious in criminal law. Each stage of consideration of such cases requires a high level of professionalism and understanding of legal nuances. If you are charged under Article 309 of the Criminal Code, contact a criminal lawyer from Prikhodko and Partners, who will ensure a fair and professional trial.

Features of the qualification of Article 309 of the Civil Code

The subject of a criminal offense is narcotic and psychotropic drugs or their analogues.

In order for actions to be classified as illegal under Article 309 of the Criminal Code, they must have the following form:

1. production and manufacturing;
2. acquisition, possession, delivery or forwarding of drugs.

Importantly! The crime is committed with direct intent and lack of intent to sell narcotic drugs or psychotropic substances. In other words, the purpose of carrying out the above actions can be any other than sales. It is the absence of the purpose of sale that is the decisive factor that distinguishes the criminal offenses provided for in Articles 307 and 309 of the Criminal Code of Ukraine.

Qualifying circumstances of the offense according to Part 2. Art. 309 of the Criminal Code:

1. The crime was committed by a group of persons based on a prior conspiracy.
2. Within a year after passing the sentence under this article.
3. Narcotics were used in significant quantities.

Particularly qualifying offenses in accordance with part 3 of Article 309 of the Criminal Code include the commission of a violation by a minor or the commission of a significant amount.

What criminal liability is established under Article 309 of the Criminal Code?

• Part 1 of Article 309 of the Criminal Code of Ukraine:

1. a fine of up to 3,000 NMDH;
2. corrective works up to 2 years;
3. probation supervision or restriction of freedom for up to 5 years.

• Part 2 of Article 309 of the Criminal Code of Ukraine:

1. a fine of up to 5,000 NMDH;
2. imprisonment for up to 3 years.

• Part 3 of Article 309 of the Criminal Code - imprisonment for up to 8 years.

Is it possible to receive a suspended sentence or to be released from responsibility under Article 309 of the Criminal Code?

In some cases it is possible. For example, a full admission of guilt and sincere remorse can contribute to a reduced sentence. Treatment in a medical institution can also lead to complete exemption from criminal liability. When imposing a punishment, the court may take into account that the person has committed an offense for the first time, has children or elderly parents to support, and is also positively characterized by the place of work and residence.

How can a drug attorney help?

"Prikhodko and Partners" lawyers, who specialize in drug-related cases, provide extensive legal support:

• Consultation and evaluation of the case. Our lawyer will conduct a detailed analysis of the case, evaluate the evidence and develop a defense strategy.
• Protection of client rights. Our company will ensure that the client's rights are protected at all stages of the criminal process, from the moment of arrest to the conclusion of the trial.
• Collection of evidence. We will help gather the necessary evidence, find witnesses and experts who can provide an expert assessment.
• Negotiations with law enforcement agencies. Our lawyer will negotiate with the prosecutor to reduce the charges or enter into a cooperation agreement.
• Representation in court. The lawyer will represent the client's interests in court, questioning the prosecution's evidence and providing counterarguments.
• Verdict appeal. In the event of an adverse verdict, we will prepare and file an appeal to challenge it.

If you need help in cases related to drugs, contact the company "Prikhodko and Partners". Our specialists will provide professional protection and support at all stages of the criminal process. We are waiting for your call!