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Drugs | How Many Years Can You Get for Drug Trafficking? It's Not Too Late to Seek Probation!
In society, drug-related crimes have long been a serious issue, and the laws and penalties associated with them are very strict. This article will explore the penalties for drug trafficking and the possibility of obtaining probation when facing such charges in Taiwan!
Are the Penalties for Drug Trafficking Severe?
Drug trafficking is a serious crime, and the penalties vary depending on the laws of different countries and regions. In Taiwan, under the Narcotics Hazard Prevention Act, the penalty for drug trafficking can be as severe as the death penalty or life imprisonment. However, if someone is manipulated or deceived into acting as a courier to transport drugs, does that count as drug trafficking? What exactly constitutes drug trafficking?
Elements of Drug Trafficking
Subjective Aspect - Intent to Profit:
This concept, also known as "intent to profit," simply refers to whether the perpetrator intended to exchange the drugs for a benefit. In practice, the best way to determine if there was intent to profit is to check if any payment was received. However, there are many ways to traffic or transfer drugs, and determining whether it falls under the intent to profit category must be judged on a case-by-case basis by legal professionals.
It is important to note that judges have a certain degree of flexibility when determining intent to profit. While most judges might infer the subjective intent based on the facts, in some cases, the evidence may not be sufficient to prove intent. The court may then re-evaluate and consider lesser charges, such as drug transfer.
Objective Aspect - Trafficking Actions:
Concretely, the perpetrator must actually hand over the drugs to the buyer for the transaction to be considered complete. Simply put, the drugs must leave the perpetrator's control and become the buyer's property in an "exchange of goods for money."
Additionally, if no payment is received, and there is no exchange of value, it might be considered "drug transfer," which carries a lighter criminal responsibility than drug trafficking. If someone is prosecuted for drug trafficking in a drug transfer case, legal defense during litigation will be necessary.
Penalty Differences for Various Drug Classes
Different types of drugs result in varying penalties. For instance, lighter drugs like Ketamine carry lighter penalties, while more severe drugs like heroin have harsher penalties. The law defines and penalizes different drugs based on their addictiveness, potential for abuse, and social harm. Below are the common drug classifications and penalty guidelines in Taiwan:
According to Article 2, Paragraph 2 of the Narcotics Hazard Prevention Act:
Drugs are classified into four levels based on their addictiveness, potential for abuse, and social harm. The classifications are as follows:
- Schedule I: Heroin, morphine, opium, cocaine, and related products.
- Schedule II: Poppy, coca, marijuana, amphetamines, pethidine, pentazocine, and related products.
- Schedule III: Secobarbital, amobarbital, nalorphine, and related products (commonly including Ketamine, FM2, etc.).
- Schedule IV: Diethylpropion, alprazolam, and related products (commonly including sleeping pills, diazepam, Valium, etc.).
The penalties for drug trafficking are not fixed and may vary based on the severity of the crime, type of drug, quantity, and other factors. Relevant penalty guidelines are as follows:
Under various provisions of Article 4 of the Narcotics Hazard Prevention Act:
- Schedule I drugs: Death penalty or life imprisonment; if sentenced to life imprisonment, a fine of up to NT$30 million may be imposed.
- Schedule II drugs: Life imprisonment or a fixed term of more than ten years; a fine of up to NT$15 million may be imposed.
- Schedule III drugs: Fixed term of more than seven years; a fine of up to NT$10 million may be imposed.
- Schedule IV drugs: Fixed term of five to twelve years; a fine of up to NT$5 million may be imposed.
Trafficking equipment used for manufacturing or using drugs: Fixed term of one to seven years; a fine of up to NT$1.5 million may be imposed.
Possibility of Probation
Despite the strict penalties for drug-related crimes, in certain circumstances, the defendant may have a chance of obtaining probation. The conditions for probation are stipulated in Article 74 of the Criminal Code. Factors that may influence the chance of probation include:
Voluntary Surrender and Confession:
Surrendering and confessing can significantly impact the chance of probation. If the defendant voluntarily surrenders and admits their crime, the judge may consider these factors and reduce the sentence. Surrender not only shows remorse but may also aid the police in combating drug crimes, which is seen as a contribution to society.
Severity of the Crime:
The severity of the crime directly affects the chance of probation. If the defendant is involved in small-scale drug transactions rather than large-scale trafficking, they may have a higher chance of obtaining probation. Judges may consider the type, quantity, and frequency of drug transactions when assessing the severity of the crime.
Cooperation in Apprehending Other Offenders (Revealing the Supplier):
If the defendant can provide critical information about other drug offenders, such as identifying suppliers, and assists the police in solving drug cases, this could also be a factor in obtaining probation. Cooperation in combating drug crimes shows a positive attitude and helps overall social safety, which may lead to a lighter sentence.
Consulting a Professional Lawyer:
Defendants facing drug trafficking charges should seek the help of a professional lawyer. Lawyers can provide appropriate legal advice and strategies based on the specific case details. Our firm’s lawyers will help defendants understand their rights, provide effective defense strategies, and assist in seeking probation if necessary. (For any related questions, feel free to click the button in the bottom right corner to message us for consultation or call 02-2396-8396 for immediate consultation with a lawyer.)
Other Practical Issues in Drug Cases
What to Do if Probation is Revoked Due to Reusing Drugs?
The current criminal justice policy treats drug users as "patients" needing treatment. Practically, the prosecutor's office may grant conditional deferment for first-time users requiring addiction treatment. However, resisting drug temptation is tough, and if a person uses drugs again during the treatment period, the conditional deferment might be revoked, leading to prosecution. Recent interpretations from the Supreme Court have affected local court views.
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Will Confessing the Source of Drugs Resolve Everything?
Article 17, Paragraph 1 of the Narcotics Hazard Prevention Act states, "If the source of the drugs is provided, resulting in the arrest of other offenders, the sentence may be reduced or exempted." But does confessing the source guarantee legal leniency? The Supreme Court provided a clear explanation in the 109 Tai Shang Zi No. 3611 criminal ruling!
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Does Acting as a Middleman Count as Drug Trafficking?
There have been cases widely discussed online influencers were involved in drug transactions. Xiao Ming, who has a drug addiction, tried to avoid police detection by asking his friend Xiao Shuai to purchase marijuana for him. After Xiao Shuai bought the marijuana from the supplier, he was caught by the police. The police charged Xiao Shuai with drug trafficking, but Xiao Shuai felt wronged, thinking he was only helping a friend. Does middleman activity count as drug trafficking?
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