{"id":608,"date":"2026-04-14T13:47:46","date_gmt":"2026-04-14T10:47:46","guid":{"rendered":"https:\/\/apetlaw.gr\/narkotika-katoxi-emporia-ypereaspisi\/"},"modified":"2026-04-21T23:53:53","modified_gmt":"2026-04-21T20:53:53","slug":"narkotika-katoxi-emporia-ypereaspisi","status":"publish","type":"post","link":"https:\/\/apetlaw.gr\/en\/narkotika-katoxi-emporia-ypereaspisi\/","title":{"rendered":"Narcotics and Drug Offences: Possession, Trafficking and Defence Strategies"},"content":{"rendered":"\n\n\t
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Narcotics Offences: The Distinction Between User and Trafficker<\/h2>\n

In the Greek legal order, the line separating a\u00a0user<\/strong>\u00a0from a\u00a0drug trafficker<\/strong>\u00a0is often blurred. As a result, defendants frequently face heavy felony charges for\u00a0trafficking<\/strong>, regardless of their true intent. Under the law, any act\u2014from simple possession and storage to sale\u2014can 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.<\/p>\n

The “Trap” of Automatic Trafficking Prosecution<\/h3>\n

It is a common phenomenon for the\u00a0quantity<\/strong>\u00a0or the\u00a0method of storage<\/strong>\u00a0to 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\u00a0not<\/strong>\u00a0part of a profit-driven cycle.<\/p>\n

Legal Safeguards and Mitigation Strategies<\/h3>\n

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.<\/p>\n

1. Personal Use<\/h4>\n

This is the primary line of defense. By analyzing the circumstances, we seek to downgrade the felony to a misdemeanor.<\/p>\n

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  • Key Evidence:<\/strong>Lack of weighing equipment, absence of large sums of cash, and the defendant’s documented history of use.<\/li>\n
  • Outcome:<\/strong>If successful, the act is punishable by up to five months’ imprisonment, which is typically suspended.<\/li>\n<\/ul>\n

    2. The Legal Significance of Addict Status (Article 30)<\/h4>\n

    Proving\u00a0addiction<\/strong>\u00a0via forensic psychiatric expertise is the most powerful legal tool in narcotics defense. Certification of addiction\u00a0at the time of the offence<\/strong>\u00a0radically alters the legal landscape:<\/p>\n

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    • Immunity for Personal Use:<\/strong>For acts concerning the procurement or possession of drugs exclusively for personal needs (Article 29), an addicted offender remains\u00a0unpunished<\/strong>. The law views the act as a symptom of illness rather than criminal intent.<\/li>\n
    • Felony Downgrade:<\/strong>Under\u00a0Article 20 (Trafficking)<\/strong>, while a non-addict faces many years of imprisonment, an addict\u2019s penalty is reduced to a minimum of\u00a0one (1) year<\/strong>. This transforms the act from a felony into a\u00a0misdemeanor<\/strong>, allowing for a\u00a0suspended sentence<\/strong>\u00a0or a financial buyout.<\/li>\n
    • Leniency in Distribution:<\/strong>For distributing substances within a limited social circle (Article 21), the penalty is limited to up to one year of imprisonment. Even in\u00a0aggravating circumstances<\/strong>\u00a0(Article 22), where sentences are typically extreme, the addict avoids life imprisonment, with the framework capped at 10 years.<\/li>\n<\/ul>\n

      The Strategy of Proof<\/h3>\n

      The application of these beneficial provisions is not automatic. It requires:<\/p>\n

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      • Forensic Expertise:<\/strong>Conducted by specialized medical professionals and psychiatrists.<\/li>\n
      • Certification:<\/strong>Documentation from recognized rehabilitation centers (e.g., KETHEA, OKANA).<\/li>\n
      • Substantiation:<\/strong>Proving a long-term history of substance use.<\/li>\n<\/ul>\n

        “Minor Trafficking” and Mitigating Factors<\/h3>\n

        In cases where trafficking is characterized as\u00a0“minor”<\/strong>\u00a0(involving small quantities or non-profit motives between users), the court may impose the minimum possible penalties. Furthermore, we emphasize\u00a0Mitigating Circumstances<\/strong>\u00a0to further reduce sentences:<\/p>\n

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        • Prior lawful life.<\/li>\n
        • Sincere remorse.<\/li>\n
        • Post-offence efforts toward rehabilitation.<\/li>\n<\/ul>\n

          Our Philosophy<\/h3>\n

          At our Law Firm, we understand that\u00a0justice is not black and white<\/strong>. Our experience allows us to deconstruct trafficking indictments by highlighting the actual facts, thereby protecting the\u00a0liberty and future<\/strong>\u00a0of our clients.<\/p>\n

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