Simple and serious violations of the LStup
The law on narcotics (LStup) contains criminal provisions whose violations can lead to severe criminal penalties.
The LStup criminalizes a myriad of behaviors such as the use, production, importation, sale or deposit of drugs.
In serious cases, the sentences will frequently be custodial sentences of several years, the law providing for a minimum custodial sentence of 1 year in these cases.
Criminal drug cases often involve many participants and are particularly time consuming. Most of the time, they involve the use of secret surveillance measures with strict procedural conditions for implementation.
Therefore, the use of a team of defenders, available at all times and regularly practicing criminal procedure law, is recommended to guarantee the rights of the accused.
Our lawyers are also developing a research activity in this field, as Mr. Ludovic Tirelli teaches the penal aspects of the law on drugs at the University.
The use of narcotics is punished by a fine
(19a LStup). But a simple reprimand can be pronounced instead of a penalty in benign cases (19a para. 2 LStup).
- Offence For example, the production, importation, storage, marketing, possession, incitement to consumption and financing of narcotics, as well as the preparatory acts to carry out these behaviors, can lead to a custodial sentence of up to 3 years (19 ch. 1 LStup).
- Crime In serious cases, i.e. when the perpetrator acts as an affiliate of a gang, acts by profession, commits the offence in the immediate vicinity of training facilities mainly reserved for minors, or risks endangering the health of many people because of the quantities of drugs involved (18 grams of cocaine, 12 grams of heroin, 200 trips of LSD, 36 grams of amphetamines), the
sentence will be between 1 and 20 years of imprisonment
(19 ch. 2 LStup).