Criminal narcotics law
A complex area of law with high penalties
The Narcotics Act regulates the handling of various drugs and substances. The law contains criminal offenses for the unauthorized handling of narcotics, some of which open up extremely high sentences with a minimum sentence of five years.
The terminology and facts are complex and an appropriate defense requires a thorough knowledge of substantive law. The attorneys at H2W Criminal Law have many years of experience with narcotics proceedings and excellent legal knowledge so we can achieve the best possible outcome for you.
Complicated case law – legal defense requires experience
Experience with narcotics litigation and a precise evaluation of the complex jurisprudence are essential for an optimal outcome. More than in any other criminal law area, the outcome of the proceedings depends on choosing the right strategy early on.
A popular misconception: Possession for personal consumption does not protect you against punishment
A number of myths have arisen around narcotics law, the most popular of which is that possession for personal consumption is always unpunished. However, the self-consumption regulation only applies to soft drugs such as cannabis and only under the strict requirements of Section 31a BtMG, whereby possession is technically not exempt from punishment, but simply not pursued further.
These regulations are interpreted differently from state to state and always require consideration of the individual case.
Drastic side effects: Asset seizure according to the gross principle
In addition to the threat of imprisonment, convicts under narcotics law are often subject to high seizures by the courts, which can ruin their economic existence for years.
The so-called gross principle applies, which states that expenses incurred in committing the act are not taken into account. In concrete terms, this means that both the value of the narcotics and the sales proceeds are confiscated, although in most cases the proceeds were used to purchase new goods and are no longer in the possession of the convicted person.
Already during the trial, but also after a conviction, we keep an eye on the issue of asset seizures in order to avoid or subsequently mitigate seizure claims with the right strategy.