Drug Trafficking Offense: Possibility of Applying the Minor Degree

In the context of Italian criminal law, the crime of drug trafficking is a highly relevant issue. However, not all trafficking cases are treated the same way. The law indeed provides the possibility of recognizing a 'minor degree' of the act, with significant consequences on the applicable penalty.

When is Minor Degree Discussed?

The 'minor degree' in the drug trafficking offense is considered when the quantity of substance held is minimal and not intended for large-scale distribution to third parties. This concept usually applies to situations where the context and circumstances of the crime show a low social danger of the behavior.

• Quantity: The quantity of substance is a determining factor. Small amounts may suggest personal use rather than commercial intent.
• Method: The methods by which the crime occurs influence the assessment of the minor degree. If the activity is sporadic or linked to particular circumstances, the minor degree may be considered.
• Context: The context in which the crime occurs, including any previous offenses of the defendant, can impact the judge's decision.

"The assessment of the minor degree is complex and requires careful analysis of all elements of the case."

Legal Consequences

Recognizing the minor degree of a drug trafficking offense can lead to a reduction in the penalty. This recognition does not eliminate criminal responsibility but affects the severity of the sanction, often limiting custodial sentences and paving the way for alternative measures.

It is essential to understand that the minor degree is not automatic and must be demonstrated with solid documentation and arguments. Legal assistance thus becomes crucial to navigate the regulations and present a convincing case.

How We Can Help You

Facing a trafficking charge requires expertise and a well-defined strategy. The Bianucci Law Firm is here to provide you with support. Thanks to our experience, we can help you assess your situation and work towards obtaining recognition of the minor degree when applicable. Don’t hesitate to contact us for personalized advice and support from our team of experts.