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Therapie statt Strafe – Criminal Law Attorney Munich

Therapy instead of punishment § 35 BtMG
Criminal defense attorney Munich

Your specialists in drug law
Your legal assistance in drug-related offenses

Odeonsplatz 2 | 80539 München SOS +49 (0) 160 96 86 40 11 info@h2-rechtsanwaelte.de WhatsApp Chat

Your legal assistance for drug offenses

Therapy instead of punishment

Under drug law, the execution of a prison sentence can be replaced by therapy under certain conditions. According to Section 35 of the Narcotics Act, the execution of the sentence can be deferred if the criminal offense was committed due to drug addiction. This special regulation means two things for the defendant: He does not have to be detained, and he can overcome his drug addiction through professional therapy.

In the event of an arrest, house search,
or other restrictions, WE WILL HELP IMMEDIATELY.

  1. Remain calm
  2. Remain silent about the charges
  3. Contact a criminal defense attorney
  4. Do not sign anything
  5. Objection to identification measures
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Refuse to testify,
call a lawyer.

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What requirements must be met?

Deferred sentence according to Section 35 of the Narcotics Act (BtMG)

  • A final judgment has been issued. (“Therapy instead of punishment” cannot be pronounced in the verdict; deferral is only possible during the execution proceedings.)
  • The remaining prison sentence to be served is no more than two years.
  • There is a causal connection between the crimes committed and the defendant’s drug addiction. The offenses can arise either from drug law (e.g., trafficking, importing drugs) or from general criminal law (e.g., burglaries as part of drug-related crime).
  • The therapy must be suitable for the rehabilitation of the person concerned; it must take place in an officially recognized addiction treatment facility – outpatient or inpatient.
  • The start of therapy must be ensured. A suitable therapy placement must either already exist or therapy must demonstrably begin shortly.
  • A cost commitment from the funding agency must be available.
  • The court of first instance must have approved the deferral of sentence execution.

How does H2 Attorneys advocate for the deferral of sentence execution?

First of all: As experienced and first-class criminal defense attorneys in Drug Law, our primary goal is always to avoid criminal proceedings. The “Therapy instead of punishment” request can also be submitted before a public charge is filed. H2 Attorneys at law makes every effort to ensure the success of such a request. We also clarify with the public prosecutor’s office at an early stage whether a temporary suspension of the proceedings is possible.

If charges cannot be avoided and proceedings are initiated, the next goal of our criminal defense attorneys is to obtain a suspended sentence. Since there is no 100% guarantee for this outcome, we incorporate all findings relevant to the topic of “therapy instead of punishment” into the main proceedings from the very beginning – this ensures that the reasons for the verdict explicitly state that the offense was committed due to drug addiction. This reference, included in the verdict, facilitates the potential enforcement of the suspension of sentence in the enforcement proceedings.

Sometimes our criminal defense attorneys must demonstrate great tactical skill in court and perform extensive persuasive work to prove the direct connection between the offense and their client’s existing drug addiction. In these cases, H2 Attorneys at law draws on its in-depth knowledge of drug law as well as its diverse negotiation experience in drug-related criminal law. Supported by the highly qualified team of lawyers at the Munich criminal law firm specializing in the Narcotics Act (BtMG).

The most important tip in criminal law – Therapy instead of punishment § 35 BtMG

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to drug law (Therapy instead of punishment § 35 BtMG) just as it does to general criminal law: Accused persons should not testify. Indiscriminate statements usually lead to self-incrimination, which greatly complicates the defense’s subsequent work.

Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. The attorneys are available 24/7 via the emergency number. Our drug law specialists will develop a prudent trial strategy.

These considerations also include questions such as:

  • Is therapy considered instead of punishment under Section 35 of the Narcotics Act?
  • Can measures of reform and security be avoided?
  • Is the leniency program under Section 31 of the Narcotics Act suitable?