Drug smuggling (import and export of drugs)
Drug smuggling is the bringing of soft or hard drugs into or out of the territory of the Netherlands. This comes in many shapes and sizes: one person may be stopped at the border on their way to a vacation destination with friends; another is suspected of involvement in an international organization. In these situations - and everything in between - you have an interest in good legal assistance. Van Meekren Advocatuur can provide that. Please contact us if you or someone close to you is suspected of drug smuggling.
What exactly is prohibited?
The ban on the import and export of hard and soft drugs is contained in Articles 2 and 3 under A of the Opium Act. These provisions read as follows:
"Article 2(A)
It shall be prohibited to use a drug as referred to in List I attached to this Act or designated pursuant to Section 3a(5)
A. within or outside the territory of the Netherlands;
(...)
Article 3(A)
It is prohibited to use a drug referred to in List II attached to this Act or designated pursuant to Section 3a(5):
A. within or outside the territory of the Netherlands;
(...)"
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Van Meekren Advocatuur litigates throughout the Netherlands, including the courts in Alkmaar, Almelo, Amsterdam, Arnhem, Assen, Breda, Dordrecht, The Hague, Groningen, Haarlem, 's-Hertogenbosch, Leeuwarden, Lelystad, Maastricht, Middelburg, Roermond, Rotterdam, Utrecht, Zutphen and Zwolle, the courts of appeal in Amsterdam, Arnhem, The Hague, 's-Hertogenbosch and Leeuwarden, the Supreme Court of the Netherlands in The Hague. Van Meekren Advocatuur also litigates at the European Court of Human Rights in Strasbourg.
What are the penalties for drug smuggling?
A fixed punishment for drug smuggling, does not exist. In each individual case, the judge must decide what punishment is appropriate and necessary if he reaches a conviction.
However, case law does use landmarks for the import and export of hard drugs. These can be found here. The jurisprudence itself has no guidelines for the import and export of soft drugs. An indication of the expected punishment can be derived from the applicable sentencing guidelines of the Public Prosecutor's Office. This can be found here.
The judge can always deviate from the above mentioned landmarks and sentencing guidelines. A specialized lawyer can help you with this.