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They achieved the mildest punishment for drug smuggling (Articles 305 and 309 of the Criminal Code of Ukraine)

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Panasenko Oleksii Oleksandrovych
Lawyer
Ukraine / Kyiv
Panasenko Oleksii Oleksandrovych

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Publication date: 14.05.2025

Aleksei Aleksandrovych Panasenko is a lawyer and expert in criminal law, specializing in cases involving corruption and bribery offenses. He provides reliable protection of clients’ rights and interests at all stages of criminal proceedings.

🔹 Lawyer: Panasenko Oleksii
🔹 Service: Defense in a criminal case involving drug smuggling

Client's Situation

 

In October 2023, a citizen approached the law firm "Prykhodko & Partners" facing a serious criminal situation. He had been served with a suspicion of committing two criminal offenses:

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Part 2, Article 305 of the Criminal Code of Ukraine — drug smuggling,

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Part 1, Article 309 of the Criminal Code of Ukraine — possession of drugs without the intent to distribute.

The client, under intense psychological pressure, admitted that he had indeed ordered a small amount of drugs online for personal use, received the package through an international postal service, and was then detained by law enforcement. During a search, drug residues were also found in his apartment, which led to an additional charge under Article 309.

Legal Objective

From the beginning, the client set clear goals for the lawyer:

  1. resolve the case as quickly as possible,
  2. avoid imprisonment,
  3. exit the stressful situation without a serious criminal record.

     

Given the seriousness of the charges — in particular, drug smuggling, which is considered a particularly grave crime and carries a sentence of up to 10 years of actual imprisonment — the task seemed extremely difficult.

Selected Defense Strategy

The legal team led by lawyer Panasenko Oleksii adopted a strategy of cooperative remorse — meaning open admission of guilt, full cooperation with the investigation, and a constructive approach at all stages of the proceedings.

Key stages of the strategy implementation:

 

Evidence base analysis:
▪️ It was acknowledged that the evidence collected by the investigation had high procedural quality and confirmed the offense.
▪️ Therefore, it was decided not to waste time on futile attempts to challenge it.

Legal argumentation of the position:
▪️ During the trial, the lawyer argued that the client had no intent to distribute,
▪️ It was reasoned that the offense had a low level of public danger,
▪️ Voluntary cooperation with the investigation, sincere remorse, no previous convictions, and a positive character reference were demonstrated.

Negotiations with the prosecution:
▪️ The lawyer engaged in a constructive dialogue with the prosecutor,
▪️ Initiated the conclusion of a plea agreement with a pre-agreed punishment — a fine without imprisonment.
 

Case Outcome

In July 2024, the court approved the plea agreement.

📌 The client was not imprisoned
📌 A fine was imposed as punishment
📌 The case was resolved quickly, without dragging on for months or years
📌 The client retained his job, social status, and freedom of movement
📌 Avoided forming a criminal background that could have affected his future life

 

Conclusion

This case clearly demonstrates how professional legal support, a well-considered strategy, and timely decisions can turn a situation with potentially years of imprisonment into a moderate administrative penalty.

Thanks to the actions of lawyer Panasenko Oleksii, the most favorable outcome was achieved, allowing the client to continue living a normal life without serious legal consequences.

 

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