Hiring the services of an excellent defense attorney who is an expert in cases of drug trafficking in Europe is not only possible, but, if you see yourself, a family member or friend, involved in an investigation for crimes related to drug trafficking, this becomes a priority.
The defense attorney expert in drug trafficking cases deals with crimes that are different in many aspects to the rest of the criminal concepts that are included in the criminal codes, which makes him a professional that stands out within the guild.
WHAT IS DRUG TRAFFICKING?
Although, in general, everyone knows what we are talking about when using the term drug trafficking, let's take a look at this phenomenon from the legal point of view:
Drug trafficking refers to the trade of illicit toxic substances. It a term composed of the word ¨drug¨, followed by trafficking to indicate racking, transportation, and marketing.
However, for the purposes of punishing this phenomenon as a criminal concept, they are also included in it:
- the production of the raw material- the manufacture of the substances derived from that- its trade- storage- transportation- consumption- the control of the favorable markets for this activity
Most legal systems prohibit or significantly limit drug trafficking in any of its manifestations, and criminal codes include crimes in this kind of nature, carrying severe penalties.
It is important to note that in crimes linked to drug trafficking, the active subject is rarely an individual, except perhaps in the case of distributors or street sellers. Drug trafficking is an activity carried out by groups, mobs or cartels, all manifestations of organized crime.
DRUG TRAFFICKING AND INTERNATIONAL CRIMINAL LAW
Even when drug abuse is globally spread, and, consequently, drug trafficking, this illegal activity is not regulated by International Criminal Law.
This branch of the law deals with specific criminal concepts, to cite but the main ones: genocide, war crimes and crimes against humanity, and aggression between states. Although it is a phenomenon that goes beyond borders, drug trafficking is not included, and therefore, the International Criminal Court is not competent to deal with crimes related to it.
Therefore, the person accused of a crime of this type, will be prosecuted and tried according to the Law of the State in question, and taking into account, however, the rules of International Law, which is responsible for regulating legal relationships between the States. Let us not forget that drug trafficking behaviors entail a transnational flow of substances, as well as huge amounts of monetary assets.
WHY KNOWING ABOUT THE DEFENSE ATTORNEY EXPERT IN CASES OF DRUG TRAFFICKING IS ESPECIALLY IMPORTANT IN EUROPE?
In the commercial flow of any type of goods, two basic components are needed: A producer, and a consumer. Although there are countless intermediaries that perform specific tasks, without these two components, of origin and destination, there is no commercial traffic.
Well, it turns out that when it comes to drugs and narcotics, the main producers of the world are distributed among three main regions: Southeast Asia, South America and the Middle East. Therefore, the traffic of these substances starts in these places, and flows to the consumers, Europe being among the main ones.
Studies carried out by agencies specialized in the subject, linked to the World Health Organization, have concluded that Europe is one of the most favorable markets for the trade of psychoactive substances.
The old continent is therefore a means in which the specialist attorney in cases of drug trafficking becomes a professional who provides highly important and relevant services.
Attorneys specialized in drug trafficking cases in Europe have a possibility which is an invaluable advantage when it comes to working with this type of punishable acts: The Council of Bars and Law Societies of Europe (CCBE). This body includes professionals from the member countries of the European Union, the European Economic Area and Switzerland. It is governed by a code of ethics designed to ensure the seriousness and professionalism of the practitioners, in terms of important aspects such as interaction with clients, professional secrecy, and others of an ethical nature. Membership of The Council of Bars and Law Societies of Europe provides facilities to practice the profession in States other than their own, and for the resolution of conflicts arising from the simultaneous application of different legal systems.
SKILLS OF THE DEFENSE ATTORNEY EXPERT IN CASES OF DRUG TRAFFICKING THAT DISTINGUISH IT FROM OTHER PROFESSIONALS OF THE GUILD.
Taking into account that, as we said before, that crimes related to drug trafficking have as a common feature transnationality in most cases, the specialist attorney in cases of drug trafficking in Europe holds professional and sui generis skills, here are the most significant:
1. Full control of the norms, concepts and legal institutions of International Law, both Public and Private.
2. They deal with cases of people arrested for crimes related to drug trafficking, in countries other than their own, for which they are experts in matters such as extraterritoriality of laws, and in the functioning of legal institutions such as extradition.
3. Knowledge of international documents on substances classified as illicit.
As an example of a document of international scope of obligatory domain by the attorneys specialized in drug trafficking cases, the Single Convention on Narcotic Drugs, an international treaty that dates from March 30, 1961, modified by the Protocol of 1971, a document that constitutes the foundation of the world regime of confrontation to the drug.
In this aspect it is necessary to point out the following:
The conducts that qualify as crimes of the type we are dealing with, are very specifically categorized in the criminal codes, and the composition of each criminal type is going to depend on the State. However, there are elements that are common, and that are subject to the aforementioned international documents.
Some of these defining elements are:
- The amounts of substance that must be found to constitute a criminal concept- The exact kind of behavior that may be punishable. (For example, simple possession is not equally penalized in all countries, in some it is not even unlawful when it comes to personal use)- The chemical composition. Some compounds are not illicit in any of their forms, but when the active principle consists of a specific element and in certain percentage.- The destination of the substance in question. Depending on the State or country, the use of certain substances for medicinal or therapeutic purposes may be legal or prohibited.- The precursors. Some substances or products are drugs in themselves, but their manufacture or distribution may be prohibited because they are considered precursors, meaning they are necessary for the obtaining of penalized narcotics.
SUMMING-UP
It is quite evident that attorneys specialized in drug trafficking cases in Europe are a sign of integrality and dexterity in the performance of their profession, devoted to work in an extremely complex area. The prolonged practice of the legal profession in this matter makes these lawyers the receivers of an impressive wealth of knowledge and an invaluable experience.
It is undeniable that drug trafficking has taken on huge proportions in today's world, and that it constitutes a scourge that unmercifully afflicts humanity. However, this does not in any way detract from the fact that every person accused of a crime linked to drug trafficking has the right to a defense, as proposed by the general principles of law, and this person also deserves, from the part of the legal profession, a service of quality based on the most pristine commitment and ethics.