Drug Offence Cases: Strategic Criminal Defence & Technical Analysis

A charge under the Greek Drugs Act (Law 4139/2013) can change your life in an instant. Whether it concerns possession for personal use or serious charges of drug trafficking or participation in a criminal organisation, the successful outcome depends on the details of the evidence.

At ZIAMPARAS & ASSOCIATES, we do not confine ourselves to mere legal representation. We delve into the “backend” of the case.

Our Technological Edge in the Defence

Today, most drug case files rely on digital evidence: conversations on encrypted applications (Viber, Telegram, Signal), GPS coordinates, and the lifting of telephone privacy.

As Criminal Defence Counsel: We translate technical analysis into a strong legal argument, challenging the link between the defendant and the material or the intent to traffic. With his background in Information Technology, Dimitrios Ziamparas analyses the validity of digital extractions and telephone interceptions. We can identify errors in the data-collection process that others overlook.

What we handle:

Possession & Procurement for Personal Use: Strategy for recognition of user status and avoidance of the heavier penalties.
Trafficking & Dealing: Dismantling the indictment through analysis of witness statements and laboratory findings.
Criminal Organisation (Article 187 of the Penal Code (PK)): Defence in multi-defendant cases with emphasis on the role and degree of participation of the accused.
Rehabilitation & Penal Treatment: Legal guidance for the use of the favourable provisions of the law for drug-addicted defendants.

“Under the Drugs Act, the difference between trafficking and personal use is decided in the details. We analyse every detail, both legal and digital.”

In greater detail:

What are illegal drugs?

Drugs are substances of varying chemical structure and diverse action upon the Central Nervous System (CNS), such as stimulant, sedative, hallucinogenic and other effects, sharing however the common property of altering mood and causing psychological or physical dependence. Dependence may be psychological or physical. It manifests through a multitude of symptoms depending on the substance taken, but with a common characteristic urge to continue taking the substance. The illegal addictive or psychotropic substances are the following:

1) Marijuana – Hashish: They are derivatives of cannabis and are inhaled like an ordinary cigarette. Hashish has a pure narcotic content of around 40%. Marijuana has a considerably lower pure-narcotic content, not exceeding 12%. The danger of these substances lies in the fact that they serve as bait used by drug dealers to introduce users to harder narcotic substances.

2) Opium, Heroin, Morphine: These substances belong to the so-called hard drugs, as the addiction they cause is severe, ravaging the user physically and mentally. Indeed, they create serious and irreversible problems for the human body.

3) Cocaine: This substance is produced from the leaves of the coca plant. Its principal characteristics are the psychological addiction it causes in users, as well as its particularly high price.

4) LSD: This narcotic affects the central nervous system in a dangerous manner and produces hallucinations in the user. As a result, it alters the way in which the user perceives reality.

5) Amphetamines: These narcotics have a strong effect on the central nervous system. They cause a short-term increase in mental and physical performance, but their effect after some time on the user’s health is particularly damaging. Another characteristic is that they reduce appetite.

6) Barbiturates: In small doses these substances act as sedatives and serve as sleep-inducers. However, the user very quickly becomes accustomed to the dose taken and desires an ever larger dose. Use of barbiturates in doses exceeding the medical dosage causes physical and psychological dependence in the user, which makes them very dangerous. Combined with alcohol, they can cause death.

Criminal defence lawyer Dimitrios Ziamparas, with many years of extensive experience and specialisation in narcotics cases, handles in depth drug cases such as cannabis, cocaine, heroin and the like, whether as standalone offences or within the framework of a criminal organisation, both at the stage of the criminal pre-trial proceedings — critical for the final formulation of the drug-related charge and for the decision on pre-trial detention — and at the final stage of the trial hearing.

ACQUITTAL JUDGMENTS

Our office indicatively cites a number of characteristic cases successfully handled by our associates:

Acquittal for drug dealing on appeal before the Three-Member Court of Appeals for Felonies: Felony – Dealing – Appeal – Drugs – Three-Member Court of Appeals
Modification of the charge from Criminal Organisation to Gang on appeal before the Five-Member Court of Appeals for Felonies in a particularly aggravated case of drug trafficking: Felony – Drug Dealing – Criminal Organisation – Appeal – Five-Member Court of Appeals
Recognition of two mitigating circumstances on appeal before the Three-Member Court of Appeals for Felonies for drug trafficking (purchase-possession and sale on a continuing basis): Two Mitigating Circumstances – Felony – Drug Dealing – First Instance – Three-Member Court of Appeals.

When is the plea of drug addiction raised?

The prescribed sentences, even those for possession with intent to deal, are significantly reduced when the court accepts the plea of drug addiction. One of the philosophies of the present Act is to treat the drug addict as a patient and not as a criminal, something reflected in his penal treatment.

It is possible to order the admission of the defendant to a special therapeutic rehabilitation facility at the investigation stage in lieu of his pre-trial detention until trial. At the level of penal treatment, the sentences, even that for possession with intent to deal, are significantly reduced when the court accepts the plea of drug addiction. By way of example, for the act of drug dealing, where the basic penalty for non-addicted users is at least 8 years’ imprisonment (felony), in a case of drug addiction the sentencing range "drops" to imprisonment (misdemeanor) of at least 1 year.

The penalty of imprisonment (misdemeanor) means that the offence is classified as a misdemeanor, while the penalty of imprisonment (felony) classifies it as a felony. The practical consequences are extremely serious. It suffices to grasp that a misdemeanor sentence may be converted into a monetary penalty, whereas a felony sentence for dealing offences cannot. It is also important, in cases of drug addiction, to request, already at the investigation stage, that the defendant undergo a Psychiatric Expert Examination in order to determine whether the particular defendant is regarded as a drug addict. It is also important for the defendant to know that, even if he is found to be a drug addict by the expert, the Court is not bound by that finding and may reject it with reasoned justification.

What sentence is provided for possession of a quantity of drugs for personal use?

Specifically, the law provides that the procurement or possession of drugs in quantities justified by personal use, or the cultivation of cannabis plants in a number or area which is also justified solely by his personal use, is punishable by imprisonment of up to five (5) months.

In order to determine whether the particular quantity concerns personal use or not, the Court takes into account the type, purity and quantity of the particular drug, in conjunction with the frequency of use, the time of use, the daily dose, and the particular needs of use of the specific user.

For example, a psychiatric expert examination may be required to prove chronic dependence and thus to justify the quantity for which the person was arrested, while a small quantity, if it is distributed in separate small bags, may suggest that it concerns the purpose of trafficking and not use.

It should be noted that, where someone is convicted of possession of drugs concerning personal use, the conviction is not entered on the copies issued for his criminal record.

Can there be an acquittal for possession of a small quantity of drugs (cannabis-hashish, cocaine, heroin etc)?

Yes, it is expressly provided that a person who is criminally prosecuted for possession of drugs may remain unpunished "if the court, assessing the circumstances in which the act was committed and the personality of the perpetrator, judges that the punishable act was entirely incidental and is not likely to be repeated", regardless of the narcotic substance.

In practice this means that the Court, assessing the personality of the perpetrator (age, living conditions, personal circumstances etc) and the circumstances in which the offence was committed, may acquit the perpetrator.

Can the addicted drug user be acquitted?

If a person is dependent on drugs and is unable to free himself from such dependence, he may be acquitted if the quantity of drugs concerned his personal use.

When is a quantity of drugs considered to be a small quantity?

There is no express statutory distinction or limit between a small quantity for personal use or otherwise. It is for the defendant to prove this, with the assistance of his lawyer, namely that the disputed quantity concerns his personal use, taking into account the particular circumstances (e.g. a relatively large quantity could be justified due to the defendant’s travel and his inability to procure supplies at his destination).

Does the legal distinction between hard and soft drugs exist?

There is no legal distinction or more lenient treatment, at the legislative level, where the case concerns possession of cannabis or heroin. In practice, however, the judge takes into account the type of drug, particularly with regard to the level of the sentence. As mentioned above, if it is proved that the quantity of the drug concerns personal needs, the sentence is up to 5 months’ imprisonment.

How do we achieve a modification of the charge in drug trafficking?

If the perpetrator derives profit from the trafficking of narcotic substances exceeding seventy-five thousand (75,000) euros, then he meets the aggravating element so as to be charged with the aggravated case in which the threatened sentence is life imprisonment. Defence counsel must seek to modify the charge from the aggravated case of profit exceeding €75,000 to the less aggravated case of profit below €75,000, so that the defendant is moved from a life-imprisonment sentence to a felony imprisonment sentence which can reach the lower limit of eight (8) years at the sentencing stage.

Beyond that, he may also be granted the mitigating circumstance of Article 30(4) of Law 4139/2013, in the case where the perpetrator was simultaneously a drug addict, and thus face only a misdemeanor penalty, namely imprisonment from one (1) to five (5) years. The mitigating circumstance of drug addiction is not recognised, even if the defendant is provably a user of narcotic substances, if the conditions of the aggravated case of profit exceeding seventy-five thousand (75,000) euros are met.

In the modification of the charge, how is the expected profit from the trafficking of drugs contested?

The determination of the "profit" from the trafficking of the narcotic substance arises when the value of the previous acquisition is deducted from the sale value of the narcotic substance. The sale and acquisition values arise from the prevailing "market" price, which varies according to the area in which the trafficking takes place, the type of substance, and the quantity. In support of this reasoning, the prices are also indicatively determined by the police authorities, influenced by the wholesale-sale statistical data of each year. Reports are drawn up, for example, by the Narcotics Division of the Hellenic Police, indicating the minimum market value of each drug per gram and per kilo, and correspondingly the maximum. Consequently, the determination of the profit expected by the perpetrator follows a calculation procedure against which defence counsel may raise a multitude of arguments concerning the net weight of the narcotic substances and their "market" prices.

How is the cultivation of cannabis punished by the legislation?

Where the quantities procured or possessed by a person can be justified for his exclusive use, or he uses such small individual quantities, or cultivates cannabis plants which cover his personal use needs, the law provides for him a penalty of imprisonment of up to 5 months or a monetary penalty. If indeed it is proved that the perpetrator is dependent, he remains unpunished. Another case in which the perpetrator may remain unpunished is entirely incidental use which is not going to be repeated in the future.

See also article Drugs: the solution
See also article Plea Bargaining – Settlement for Drugs

FREQUENTLY ASKED QUESTIONS ON DRUG OFFENCE CASES

1. What sentence do I face for drug possession?

The sentence depends on the nature of the charge. Where the quantity is justified by personal use, the law provides for imprisonment of up to five months, while the corresponding conviction does not appear on the criminal record. For drug dealing, the basic sentence starts at eight years’ imprisonment (felony), but if the status of drug addict is recognised, the act is reclassified as a misdemeanor with a penalty of imprisonment from one year. Where profit exceeds €75,000, life imprisonment is threatened, in which case challenging the calculation of profit is critical. With mitigating circumstances (Article 84 of the Penal Code (PK)), recognition of drug addiction and suspension or conversion to a monetary penalty, the consequences are significantly reduced.

2. How is it proved that the quantity was for personal use?

The law does not set express numerical limits. The court weighs the type, purity and quantity of the substance, in combination with the frequency of use, the daily dose, and the particular needs of the defendant. A decisive evidentiary tool is the psychiatric expert examination, which substantiates chronic dependence and justifies the quantity held. The defendant’s living conditions, travel, or inability to procure supplies at his destination are also taken into account. The manner of packaging (many small bags, precision scales) operates in the opposite direction, in favour of the trafficking charge, and must be rebutted with concrete arguments and evidence.

3. Can I avoid pre-trial detention during the investigation?

Pre-trial detention is an exceptional measure and is not imposed automatically, even in felony drug charges. Restrictive measures may be ordered in its place, such as a prohibition on leaving the country, appearance at a police station, house arrest with electronic monitoring, or bail. In cases of drug addiction, the law provides as an alternative for the admission of the defendant to a special therapeutic rehabilitation facility until trial. Proper preparation of the defence statement, the production of documents of social integration and medical certificates significantly increase the chances of avoiding imprisonment during the pre-trial stage.

4. How is digital evidence in the case file challenged?

Most modern drug case files rely on the lifting of telephone privacy, conversations on encrypted applications, GPS coordinates, and data extractions from mobile phones. The defence checks compliance with the procedure of Law 2225/1994 and with the privacy of communications, the existence and reasoning of the judicial council order, the chain of custody of the digital evidence, and the validity of the extraction methods. Unlawfully obtained evidence is not taken into account (Article 19 of the Constitution; Article 177 of the Code of Criminal Procedure (KPD)). The identification of the user of the device and the linking of messages to a specific person are also contested, since possession of a device does not automatically prove intent to deal.

5. How long does a drug case last in the courts?

The time depends on the seriousness of the charge and the number of defendants. In misdemeanor possession for personal use, the trial before the Single-Member Misdemeanor Court usually takes place within six to eighteen months from the bringing of charges. In felony trafficking cases, after completion of the investigation and the issuance of a referral order by the Council of Misdemeanor Judges, the case is heard before the Mixed Sworn Court or the Three-Member Court of Appeals for Felonies, with a total duration of usually two to four years up to the first instance. The hearing on appeal at second instance adds an additional two to three years.

6. What role does the criminal defence lawyer play from the outset?

The presence of criminal defence counsel from the very first hour is critical. At the preliminary investigation and under the flagrante delicto procedure, the defendant has the right to silence and to a lawyer, and any erroneous statement binds him in the further course of proceedings. The lawyer studies the case file, identifies formal violations in the collection of evidence, organises the psychiatric expert examination where a plea of drug addiction is raised, files an application for revocation or replacement of pre-trial detention, and prepares the standalone pleas for mitigating circumstances. ZIAMPARAS D. & ASSOCIATES law firm has many years’ experience in drug cases, with acquittal judgments and successful modifications of charges at all levels of jurisdiction.