Narcotics Offences: The Distinction Between User and Trafficker
In the Greek legal order, the line separating a user from a drug trafficker is often blurred. As a result, defendants frequently face heavy felony charges for trafficking, regardless of their true intent. Under the law, any act—from simple possession and storage to sale—can be construed as “trafficking.” This creates a disadvantageous position for the citizen, as the starting point for authorities is almost always a prosecution for trade.
The “Trap” of Automatic Trafficking Prosecution
It is a common phenomenon for the quantity or the method of storage to be interpreted by law enforcement as evidence of commercial intent. Effectively, the burden of proof shifts to the defendant, who must demonstrate that their activity was not part of a profit-driven cycle.
Legal Safeguards and Mitigation Strategies
Despite the severity of the framework, the law provides specific “safety valves” that allow the court to recognize the human dimension and drastically reduce penalties, often avoiding incarceration.
1. Personal Use
This is the primary line of defense. By analyzing the circumstances, we seek to downgrade the felony to a misdemeanor.
- Key Evidence:Lack of weighing equipment, absence of large sums of cash, and the defendant’s documented history of use.
- Outcome:If successful, the act is punishable by up to five months’ imprisonment, which is typically suspended.
2. The Legal Significance of Addict Status (Article 30)
Proving addiction via forensic psychiatric expertise is the most powerful legal tool in narcotics defense. Certification of addiction at the time of the offence radically alters the legal landscape:
- Immunity for Personal Use:For acts concerning the procurement or possession of drugs exclusively for personal needs (Article 29), an addicted offender remains unpunished. The law views the act as a symptom of illness rather than criminal intent.
- Felony Downgrade:Under Article 20 (Trafficking), while a non-addict faces many years of imprisonment, an addict’s penalty is reduced to a minimum of one (1) year. This transforms the act from a felony into a misdemeanor, allowing for a suspended sentence or a financial buyout.
- Leniency in Distribution:For distributing substances within a limited social circle (Article 21), the penalty is limited to up to one year of imprisonment. Even in aggravating circumstances (Article 22), where sentences are typically extreme, the addict avoids life imprisonment, with the framework capped at 10 years.
The Strategy of Proof
The application of these beneficial provisions is not automatic. It requires:
- Forensic Expertise:Conducted by specialized medical professionals and psychiatrists.
- Certification:Documentation from recognized rehabilitation centers (e.g., KETHEA, OKANA).
- Substantiation:Proving a long-term history of substance use.
“Minor Trafficking” and Mitigating Factors
In cases where trafficking is characterized as “minor” (involving small quantities or non-profit motives between users), the court may impose the minimum possible penalties. Furthermore, we emphasize Mitigating Circumstances to further reduce sentences:
- Prior lawful life.
- Sincere remorse.
- Post-offence efforts toward rehabilitation.
Our Philosophy
At our Law Firm, we understand that justice is not black and white. Our experience allows us to deconstruct trafficking indictments by highlighting the actual facts, thereby protecting the liberty and future of our clients.
