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Criminal liability for illegal use of narcotic drugs

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PREMIUM 48.3
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 13.05.2024

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   Drugs are substances that are commonly used for medical purposes, but may also be used for illegal purposes or abuse. They can be naturally occurring (eg, opium, cocaine, marijuana) or synthetic (eg, methamphetamine, ecstasy). Drugs usually affect the nervous system by changing the way the brain receives signals and interacts with the environment.

   Drug use can have harmful health consequences, including addiction, psychological problems, physical illness and social disintegration. It can also lead to offenses and negatively affect society as a whole.

  According to the Criminal Code of Ukraine, the use of narcotics without a medical prescription or for non-use of treatment can be classified as a crime. Articles 307, 308, 309 ССU provide for responsibility for the production, storage, sale, forwarding and other illegal circulation of narcotic drugs.

  Thus, according to Article 307 ССU, illegal production, manufacture, acquisition, storage, transportation or forwarding for the purpose of sale, as well as illegal sale of narcotic drugs, psychotropic substances or their analogues, are punishable by imprisonment for a term of four to eight years.

   This article provides for serious criminal punishment for persons involved in illegal drug trafficking, as well as for those who store or forward them for the purpose of sale. This is aimed at preventing the spread of illegal drug trafficking and reducing its impact on society. Yes, for the same actions that were committed repeatedly or with a prior conspiracy by a group of persons, or by a person who previously committed one of the criminal offenses provided for in Articles 308, 309, 310, 312, 314, 315, 317 of the Criminal Code of Ukraine, or involving of a minor, as well as for the sale of narcotic drugs, psychotropic substances or their analogues in places intended for educational, sports and cultural events, and in other places of mass stay of citizens, or for the sale or transfer of these substances to places of deprivation of liberty, or if the subject of such actions were narcotic drugs, psychotropic substances or their analogues in large quantities or particularly dangerous narcotic drugs or psychotropic substances, criminal liability is provided in the form of deprivation of liberty for a term of six to ten years with confiscation of property.

   Actions provided for by parts one or two of Article 307 of the Criminal Code of Ukraine, committed by an organized group, as well as if the subject of such actions were narcotic drugs, psychotropic substances or their analogues in particularly large quantities, or committed with the involvement of a minor or in relation to a minor, are subject to criminal liability in the form of deprivation of liberty for a term of nine to twelve years with confiscation of property.

   This is an extremely serious punishment, which is provided for those who are involved in organized illegal drug trafficking, or when the scale and circumstances of the crime are considered particularly serious. In addition, the involvement of minors in such actions further increases the responsibility and severity of punishment. A person who voluntarily surrendered narcotic drugs, psychotropic substances or their analogues and indicated the source of their acquisition or contributed to the disclosure of criminal offenses related to their illegal circulation is released from criminal liability for their illegal production, manufacture, acquisition, storage, transportation, forwarding .

   This is provided as a mechanism to encourage individuals to cooperate with law enforcement agencies and help in the fight against illegal drug trafficking. However, it is important to note that this rule applies only in cases where a person acts voluntarily and provides effective assistance in the investigation of drug-related crimes.

  A drug lawyer who specializes in drug cases has an in-depth knowledge of criminal law, especially in the context of drug-related legislation. They can provide legal assistance both during the preliminary investigation and in court.

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