If you are facing drug trafficking charges in Milan, it’s crucial to understand the possibilities of obtaining release on bail or acquittal. Our Legal Firm has extensive experience in this field and can effectively defend you against drug trafficking allegations. In this article, we will examine the key articles of Legislative Decree No. 309 of 1990 that regulate penalties for drug trafficking and discuss avenues for obtaining bail or acquittal.
The Key Articles of the Consolidated Law n. 309 of 1990
In the context of criminal law, the two most relevant articles of the Consolidated Law no. 309 of 1990 are:
Article 73: Illicit Production, Trafficking, and Possession of Narcotic or Psychotropic Substances This article governs penalties for the illicit production, trafficking, and possession of narcotic or psychotropic substances.
Article 74: Association Aimed at Illicit Trafficking of Narcotic or Psychotropic Substances Article 74 pertains to associations aimed at the illicit trafficking of narcotic or psychotropic substances.
Possibilities of Bail or Acquittal
If you are accused of drug trafficking or if you know someone who has been detained for this offense, it’s important to understand the specific circumstances of the case to assess the possibilities of obtaining bail or acquittal.
An Example of Possible Acquittal or Release on Bail
Let’s consider a scenario where a person is found in possession of a small quantity of cocaine, which nonetheless exceeds the minimum quantity legally allowed for narcotic substances. According to Article 73 of Legislative Decree No. 309 of 1990, this person faces a penalty of imprisonment ranging from 6 to 20 years and a fine ranging from €26,000 to €260,000.
However, if the person had the substance in a rudimentary manner, did not possess scales or other packaging tools, cooperated with law enforcement by voluntarily surrendering the narcotic substance, and is a habitual drug user, they may be acquitted or receive a more favorable treatment under the provisions of Article 73, paragraph 5.
Furthermore, Article 73, paragraph 5bis, stipulates that in cases of minor offenses and if the individual is a habitual drug user, the judge may opt for community service instead of custodial and pecuniary penalties, thus avoiding imprisonment.
Why Consult an Experienced Criminal Defense Attorney
Securing release on bail or acquittal for drug trafficking charges requires expertise and a deep understanding of legal regulations. It’s essential to have an in-depth knowledge of Legislative Decree No. 309/90 and its subsequent amendments, as well as accumulated experience over the years.
When facing drug trafficking accusations, it is crucial to seek the counsel of an experienced Criminal Defense Attorney specialized in handling such cases in Milan. Competent legal guidance can make a significant difference in your defense and the prospects of obtaining release on bail or acquittal.
