Attendance to detainees for Drug traffic in France

English Speaking Swiss Lawyers

We have a group of professionals highly qualified in France with international experience and competition in the whole territory to exercise the profession. Our office lends consulting services and legal representation, since not only we represent those who are involved in a process, but we also offer information on the different criminal types that regulate the Penal Code, like it is the case of the Crime of Traffic of Drugs.

Which are the activities that incur in the crime of Drug traffic?

Still and when this is one of the mentioned crimes and published at international level, artificial lack of culture still exists regarding the topic, because the taboos and the ¨Hollywood-like image¨ that exists on this crime can end up distorting the reality. In contrary to what many know and they say, not exclusively the drug should be sold to incur in this crime, because other acts that also convert directly the person who carries them out in author of the crime of Drug traffic existing. Therefore if he executes the cultivation, elaboration or traffic of the substance narcotic, the same as if he favors and facilitates the illegal consumption of the same ones or he possesses them under his custody with that purpose, of equal forms he is involved in this criminal figure.

Why is the literate representation important on the event of being stopped by Drug traffic?

It is an important reality the presence of a lawyer that represents him in this situation, because other criminal figures exist a similar point to the crime of Drug traffic, and although they present marked differences, it is huge that the lawyer has the theoretical and practical knowledge to identify each element settled down in the Code that are really the constitution of the crime of Drug traffic and not other, the crime of illegal Holding of drugs for example. In case he is to be detained for this crime and the necessary elements are not really eulogized for him, then the lawyer of our office will take charge of destroying the allegations against him, demonstrating the nonexistence of legal causes for his detention.

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How does the French legislation pronounce in this respect?

This crime is regulated in the Code of the public sanity; in the Penal Code and in the Circular of the Ministry of Justice of the 8 April 2005. The penal Code settles down for the criminal figure of Sale or supply of drugs for personal use, a prison sanction up to 5 years and for the case of Production or production of illicit drugs, the prison condemnation up to 20 years.

The same as with all the drugs, the personal use is punishable with a ticket or prison pain of until one year, the possession is punished with up to 10 years. If he is stopped consuming for the first time, a simple warning can be given, if the consumption is occasional and it doesn't justify the accusation. The regular consumers are directed to the service of health or social institutions

The French law doesn't recognize the reasons officially to accuse for possession. But in accordance with the Circular of the 2005, the possession is punished as if it was consumption and although he/she doesn't make distinction with other substances as the legislation mentions the cannabis continually as an example.

In what crimes can incur derivations of the Drug traffic?

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From this criminal activity can come off other behaviors that are also constituent of crimes like it is the case of driving under the consumption of drugs, which is sanctioned with penalty, can also impact in the crime of Laundry of money, Complicity of Homicide or Murder (in their increased figure), it can also incur in Bribe to the authorities or Blackmail.

What benefits does contribute our office to his situation if he is detained for this crime?

Our lawyers have the training required to face this type of conflicts and we also grant several guarantees to his process. Because we analyze his case attentively and in a particular sense, since we consider that any case for fellow man that is, is identical to other, so it corresponds us to study detailed and minutely each peculiarity of his scenario.

On one hand we have to determine the quantity of drug that he/she was in charge of, for the direct incidence that has this element for the outcome of his case, because the Law establishes a minimal doses limit and maximum that you can possess and of being inside this mark the quantity that was him busy, it would bear radical and very favoring consequences, being able to prove the judge that intention doesn't exist of trafficking, but of consuming, that is not constituent of some crime. We should also determine the value of the drug that was in charge of that is also of importance for the process, because this element sustains the impact so in the public order that has this crime, it is decisive the quantitative and qualitative value of the substance that was in charge of to settle down.

Also as his lawyer we will keep in mind the means, the modalities and the circumstances that intervene in his case, to find elements that qualify like an extenuating circumstance in the Law, with the purpose of achieving one that the pain is fair and the flimsiest thing possible.

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