Lawyer under Article 316 of the Criminal Code of Ukraine – Illegal public use of narcotic drugs, psychotropic substances or their analogues

Most people throughout their lives try to experiment in every way. This applies, for example, to the use of prohibited substances, among which the most popular are narcotic substances. Current Ukrainian legislation provides for administrative and criminal liability for the illegal public use of narcotic drugs, psychotropic substances or their analogues. For example, these actions are subject to sanctions under Article 316 of the Criminal Code of Ukraine.

Article 316 of the Criminal Code of Ukraine: what liability is provided?

The legal interpretation of actions accompanied by the use of prohibited substances requires special attention from both law enforcement officials and citizens of Ukraine themselves. In the vast majority of cases, the actions of individuals border on offenses. This can have quite serious consequences. Let's consider this using the example of Article 316 of the Criminal Code of Ukraine.

Two parts of this article provide for liability for illegal activities related to the illegal public use of drugs:

• Part One.

Illegal use of prohibited substances in educational institutions, sports, cultural and other public institutions.

Liability: restriction/deprivation of liberty for a term of up to four and three years, respectively.

• Part Two.

The above actions are accompanied by aggravating factors: repetition of the commission; charges under an article related to the manufacture/use of prohibited substances before.

The specified actions are punishable by imprisonment for a term of 3 to 5 years.

Please note: for the interpretation of the actions of a person under Article 316 of the Criminal Code of Ukraine, the following conditions must be met:

1. Open use of prohibited substances (i.e., among other people or with the involvement of third parties).
2. Carrying out illegal activities in public places (squares, parks, sports grounds, music or festival venues, etc.).
3. Criminal liability under Article 316 of the Criminal Code of Ukraine does not arise in cases of use of psychotropic substances or their analogues.

How can a lawyer help in a case of illegal public drug use?

Experienced lawyers of our law firm "Prykhodko and Partners" have a thorough theoretical training and extensive experience in cases related to the use of drugs and other prohibited substances. We know all the intricacies of this category of cases.

It is necessary to remember that every person has the right to protect their legal rights. A drug lawyer understands all the intricacies of procedural actions under Article 316 of the Criminal Code of Ukraine.

Among the tips that should be followed if you are accused under the article of illegal public drug use:

1. Do not give any testimony or sign any documents until the lawyer arrives (such actions are regulated by current legislation, namely Articles 63 and 64 of the Constitution).
2. Control over the documentary recording of illegal behavior.

Suspicion of signs of drug intoxication must be established by law enforcement officials on the basis of:

• Witness testimony.
• Results of a professional medical examination.
• Testing, etc.

So, if you have been detained on suspicion of committing acts that fall under the sanctions of Article 316 of the Criminal Code of Ukraine, our drug lawyers will provide full legal support. It consists of:

1. Consulting.
2. Analysis of the circumstances of the incident and documents.
3. Identification of contradictions and violations.
4. Development of an effective defense strategy.
5. Representation of the interests of the suspect in court.
6. Drafting of statements, appeals.

Thus, if you have been detained on suspicion of using prohibited substances, timely application for qualified legal support is of fundamental importance.

It is the correctly chosen behavior of the detainee in combination with the professionalism of the drug lawyer that guarantees that the case will be considered in court as objectively as possible, without distortions and exaggerations on the part of representatives of the investigative bodies.

Thus, today the issue of the use of prohibited substances is relevant for society. Realizing the scale of this problem, the legislator has defined clear legal mechanisms that should effectively combat the use and circulation of drugs and other prohibited substances.

Lawyers from our law firm "Prykhodko & Partners" recommend not to neglect the legal right to protection. Your task is to enlist the legal support of our professional lawyers as quickly as possible. We will be able to qualitatively protect your interests within the framework of the current legal framework!

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 316 of the Civil Code of Ukraine, fill out the form below.