The importation of narcotics – colloquially known as drug trafficking – constitutes a criminal offense in Germany when involving a not insignificant quantity, and carries a prison sentence of at least two years. In particularly serious cases, imprisonment of at least five years is imposed. Even when penalties for small quantities can be significantly milder, it is essential to engage a specialized criminal defense attorney early.
The experienced criminal defense lawyers at Schlun & Elseven advise and represent clients nationwide facing drug trafficking allegations – from police questioning through trial. The primary goal is always to achieve case dismissal, particularly in cases involving small quantities, insufficient evidence, procedural errors, or mitigating circumstances. If dismissal is not achievable, we pursue a fair trial and an appropriate, lenient sentence wherever possible.
Drug Trafficking in Germany – Legal Foundations
When facing accusations of narcotics importation under §§ 29, 30 ff BtMG (German Narcotics Act), several offense variations are possible, which determine the extent of the sentence in individual cases. Importation means bringing narcotics from abroad across the German external border into German territory through targeted human action, regardless of whether this occurs personally, through third parties, or by technical means.
The imported quantity is decisive for sentencing. For small quantities, a milder penalty applies, though threshold values vary by narcotic. When a not insignificant quantity is imported, German law provides a minimum sentence of two years, which typically cannot be suspended. The most commonly smuggled narcotics include amphetamines (colloquially, “speed” or pep), cocaine, LSD, and heroin, as well as morphine and opium.
Import of Narcotics as a Member of a Gang
A prison sentence of up to five years is imposed under Section 30a (1) BtMG when the accused acted as a gang member whose purpose is the continued importation of narcotics. A gang, in the context of narcotics importation, means a group of at least three persons who share the will to commit multiple independent, not yet specific acts related to drug trafficking in the future over a particular duration. It is not necessary that participants bindingly agree to commit individual, specifically defined acts. However, the gang agreement must aim at seizing opportunities for continued joint commission of narcotics offenses involving not insignificant quantities. A merely coincidental convergence of gang agreement and a not insignificant quantity does not suffice.
Armed Drug Trafficking
Another qualification under Section 30a (2) No. 2 BtMG is carrying a weapon during the offense. The so-called “carrying” of a firearm or other object suitable or intended by its nature to injure persons has an aggravating effect and also leads to a minimum prison sentence of five years. It is irrelevant whether the perpetrator intended to use it. The mere “carrying” – meaning having the weapon on one’s body – suffices. If the weapon or object was within reach during the offense, the qualification is met, leading to a higher sentence.
Our criminal defense lawyers carefully examine whether any of these qualifications are met, develop an individual defense strategy, and represent your interests in court.
Import of Small Quantities – Possibilities for Case Dismissal
Importing small quantities is not exempt from punishment per se. The importation offense is still completed, but it is punished with a significantly lower penalty. In such cases, it is sometimes possible to dismiss criminal proceedings in exchange for specific conditions or to refrain from punishment or prosecution, as per §§ 29(5) and 31a(1) of the BtMG. However, this must be assessed on a case-by-case basis, so a blanket statement is not possible. The maximum value of a small quantity depends on the individual drug.
Our criminal defense lawyers can assess whether the threshold for a small quantity in drug trafficking was exceeded and whether case dismissal is possible.
Immigration Consequences in Germany – Expulsion and Deportation
Section 53 ff of the Residence Act allows expulsion of foreign nationals from Germany following a final conviction for imprisonment. A particularly serious expulsion interest exists under Section 54(1) No. 1b of the Residence Act when the foreign national has been finally convicted under the Narcotics Act to a prison sentence or youth sentence of at least one year. Therefore, those convicted face expulsion to their country of origin – for example, for unauthorized importation of not insignificant quantities of narcotics (Section 30 (1) No. 4 BtMG) or gang-related commission (Section 30a (1) BtMG). However, this always involves individual case assessment where expulsion and remaining interests must be weighed. Potential deportation prohibitions under Section 60 of the Residence Act must also be considered.
Our criminal defense lawyers thoroughly examine your case and develop an individual defense strategy. They also work closely with our immigration law team, so any questions can be comprehensively answered.
Defense in Case of Allegation of Drug Smuggling in Germany
In a thorough criminal defense, a criminal defense lawyer analyzes the entire offense to identify legal weaknesses that can reduce the penalty. For example, if the accusation involves gang-related conduct, it may be possible to convince the court of accomplice liability instead. The gang qualification would be removed, resulting in a lower penalty.
Additionally, mitigating circumstances are identified – such as voluntary disclosure of knowledge under Section 31 BtMG. Even negligent conduct can reduce the penalty.
Early legal counsel is crucial when facing drug trafficking allegations. An experienced criminal defense lawyer knows your rights as the accused and how investigative authorities work. Our team has extensive experience in criminal defense. We represent you in all phases of criminal proceedings – from advice upon receiving a summons as the accused through trial preparation to courtroom defense. Our criminal defense lawyers support you in national and international cases to protect your rights and achieve the best possible result.
Frequently Asked Questions About Drug Trafficking and Criminal Defense
The penalty is determined by the quantity imported. For not insignificant amounts, a minimum prison sentence of two years threatens, which typically cannot be suspended. For small quantities, the penalty is significantly milder, and case dismissal in exchange for conditions may be possible under certain circumstances. Mitigating factors, such as the disclosure of background information, can also reduce the penalty, as per Section 31 BtMG.
For importing not insignificant quantities of narcotics, both carrying a firearm and acting as a gang member lead to a minimum prison sentence of five years.
- Armed drug trafficking: Merely carrying the weapon on one’s body or having it within reach during the offense suffices – regardless of whether the perpetrator intended to use the weapon.
- Gang-related importation: The prerequisite is an association of at least three persons who share the common will to commit multiple independent acts related to drug trafficking involving not insignificant quantities in the future over a certain duration.
For small quantities, criminal proceedings can be dismissed as insignificant or in exchange for certain conditions, §§ 153, 153a StPO (Criminal Procedure Code). However, this depends on the individual case. Additionally, for importing small quantities for personal use, the court may refrain from imposing punishment or the prosecutor from prosecuting, §§ 29 (5), 31a (1) BtMG.
Under §§ 53 ff. Residence Act, foreign nationals can be expelled from Germany following a final conviction for drug trafficking. The weighing of expulsion and remaining interests in the individual case is decisive. For conviction to at least one year imprisonment, a particularly serious expulsion interest exists (§ 54 (1) No. 1b Residence Act). Additionally, possible deportation prohibitions are considered.
A criminal defense lawyer should be engaged immediately upon suspicion or accusation of drug trafficking. Even during the investigation phase, early legal advice can be decisive in developing the best possible defense strategy and achieving a possible case dismissal.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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