What kind of assistance can a criminal defence attorney provide? How can he in principle help in such a complex topic? Let’s consider this topic in detail.<\/p>\n\n\n\n
– I knew nothing, just sat in the car, and here drugs.<\/p>\n\n\n\n
– I knew everything and I’m ready to be punished if I’m caught.<\/p>\n\n\n\n
– Let’s see if the prosecutor’s office can prove my involvement in the case.<\/p>\n\n\n\n
Narcotic substances may be used for medicinal purposes if all the necessary regulations and authorisations are observed. Free circulation of drugs is prohibited.<\/p>\n\n\n\n
Without a shred of doubt, the penalties for drug offences are very serious and no joke. Depending on the particular case, the punishment can be either life imprisonment or a suspended sentence.<\/p>\n\n\n\n
\u00a7 183 of the Penitentiary Code: criminalisation of drug trafficking in small amounts.<\/p>\n\n\n\n
\u00a7 184 of the Penitentiary Code: criminalisation of drug trafficking on a large scale. It also provides for increased criminal liability if the offence was committed in a group of persons or repeatedly.<\/p>\n\n\n\n
\u00a7 184 para. 2(1) of the Penitentiary Code: criminal liability for drug trafficking if the offence is committed for a large material gain, i.e. over EUR 40,000.<\/p>\n\n\n\n
\u00a7 189 of the Penitentiary Code: preparation for the distribution of narcotic drugs.<\/p>\n\n\n\n
Drug trafficking on a large scale is considered if the narcotic substance would be sufficient to intoxicate at least 10 people. Only the pure mass of the drug is considered when analysing the drug.<\/p>\n\n\n\n
If small-scale drug trafficking (i.e. up to 10 drug intoxications) is proven, a person may be fined up to 300 penalty units or arrested. Grounds: Act on Psychotropic and Narcotic Substances and their Precursors \u00a7 151. Thus, such an act is considered a misdemeanour and not a crime.<\/p>\n\n\n\n
The Law on Psychotropic and Narcotic Substances and their Precursors regulates the issue of narcotic substances. The Minister of Social Affairs establishes the list of narcotic substances by decree.<\/p>\n\n\n\n
In determining the punishment, the court considers factors such as:<\/p>\n\n\n\n
– the person’s criminal record<\/p>\n\n\n\n
– The quantity of the drug found<\/p>\n\n\n\n
– Whether the offence was committed alone or in a group of persons<\/p>\n\n\n\n
– The person’s role in the drug trafficking offence<\/p>\n\n\n\n
– Duration of the offence<\/p>\n\n\n\n
– the amount of proceeds of crime<\/p>\n\n\n\n
– defence of the rights and interests of the defendant during the pre-trial investigation, during searches, detention in custody<\/p>\n\n\n\n
– appealing against court rulings and orders of the prosecutor’s office during the preliminary investigation<\/p>\n\n\n\n
– collection of necessary evidence<\/p>\n\n\n\n
– formation of defence tactics<\/p>\n\n\n\n
– Participation in negotiations at the prosecutor’s office<\/p>\n\n\n\n
– Analysis of the criminal case file and defence in court<\/p>\n\n\n\n
– appealing against a court judgement<\/p>\n\n\n\n
– counselling the defendant at all stages of the case proceedings.<\/p>\n\n\n\n
– admission of guilt and co-operation with the investigation<\/p>\n\n\n\n
– reclassification of the offence<\/p>\n\n\n\n
– Verification of surveillance authorisations and their legality, failure of the investigating authority to comply with the basic requirements for the collection of evidence<\/p>\n\n\n\n
– failure to prove the offence due to lack of evidence<\/p>\n\n\n\n
– obtaining a suspended sentence for the defendant<\/p>\n\n\n\n
– termination of the case<\/p>\n\n\n\n
Sworn attorney Ilya Zuev<\/p>\n\n\n\n
Advantages:<\/strong><\/p>\n\n\n\n Specialisation of conducting criminal cases.<\/p>\n\n\n\n Analysis and decision-making on the choice of the line of defence.<\/p>\n\n\n\n Experience as a attorney since 2011.<\/p>\n","protected":false},"excerpt":{"rendered":" What kind of assistance can a criminal defence attorney provide? How can he in principle help in such a complex topic? Let’s consider this topic in detail. The…<\/p>\n","protected":false},"author":2,"featured_media":1895,"comment_status":"closed","ping_status":"open","sticky":true,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[72,4],"tags":[42,41,56,51],"class_list":["post-1975","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-publications-en","category-uncategorized","tag-attorney","tag-criminal-law","tag-legal-aid","tag-legal-defense"],"_links":{"self":[{"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/posts\/1975","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/comments?post=1975"}],"version-history":[{"count":2,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/posts\/1975\/revisions"}],"predecessor-version":[{"id":1983,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/posts\/1975\/revisions\/1983"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/media\/1895"}],"wp:attachment":[{"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/media?parent=1975"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/categories?post=1975"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/grandman.ee\/en\/wp-json\/wp\/v2\/tags?post=1975"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}