Trafficking in narcotics
Criminal defense attorney Munich

Your legal assistance for drug offenses

Dealing in Narcotics

Dealing in narcotics is defined as a criminal offense in Section 29 of the Narcotics Act (BtMG). If this offense is suspected, particularly severe penalties may be imposed. The responsible public prosecutor’s office usually demands substantial minimum sentences. In addition, the offense of “dealing” is much more likely to be committed than many people suspect.

What is legally considered “trafficking in narcotics”?

The Narcotics Act does not provide a clear answer to the question of what exactly is meant by “trafficking.” There is no clear, precise definition. However, courts have established various criteria in their rulings for the existence of the offense of “trafficking in narcotics.”

In its ruling 1 StR 433/00 of November 21, 2000, the Federal Court of Justice stated:
“According to the consistent case law of the Federal Court of Justice, illicit trafficking is any self-serving effort aimed at facilitating and promoting the sale of narcotics, even if it is a one-time, occasional, or intermediary activity.”

This corresponds to an extremely broad interpretation of the term “trafficking.” Accordingly, trafficking already occurs when the accused merely engages in preparatory activities or carries out secondary activities beyond traditional dealing. These include, for example, the search for a supplier, researching purchase prices, negotiating intended purchases or sales, passing on narcotics to an acquaintance, or transferring money as support/favors for other people.

It is therefore completely irrelevant whether an accused person actually traded in narcotics and whether they actually made a profit – this is not a crime of success, but a corporate crime.

The mere attempt or intention to traffic is sufficient for charges and criminal liability.

The best possible defense strategy in the interests of our clients.

What can H2 Attorneys at Law do for you if you are accused of “trafficking in narcotics”?

Drug trafficking is a serious offense under drug law. Consequently, very harsh penalties are possible. This is especially true when it involves gang-related trafficking, the involvement of minors, or the carrying of weapons. However, even in cases that may not seem “so serious” to legal laypeople, the offense of trafficking is still committed, such as drug dealing in a private setting. Therefore, engaging a highly competent and extremely experienced criminal defense attorney specializing in narcotics law is essential in every case when accused of trafficking in narcotics.

Only a proven expert in drug law can prevent the worst for defendants: The criminal defense attorneys at the Munich criminal law firm “H2 Attorneys at law” are luminaries in the field of drug law and fight with all legal means to avoid penalties for their clients entirely or to obtain lower sentences.
Good arguments are crucial here.

These include, for example:

• Trafficking requires selfishness, i.e., an intention to make a profit. If a defendant provides drugs to a friend at the purchase price, then they do not intend to make a profit. Therefore, the offense of trafficking is not fulfilled here.
• In the case of the sale of narcotics to minors, the intent must be questioned.
• A “suspended sentence” can only be imposed for prison sentences of up to two years. In the case of a conviction under Section 30a of the Narcotics Act (at least five years’ imprisonment), probation is not actually possible. Attorney Heindl is doggedly pushing for a less serious case in order to, in the best case scenario, obtain a suspended sentence of less than two years for his client.

Our specialist attorneys develop the respective defense strategy based on a meticulous review of the relevant investigation file; they examine every last detail of the individual case. The primary goal of their defense is always to prevent a court hearing and have the proceedings dismissed through well-founded motions. They have already succeeded in doing this in numerous cases. If charges cannot be avoided, our criminal defense attorneys will do everything in their power to keep the penalty for their clients as low as possible – with skillful negotiation tactics, tenacity, and brilliant expertise.