Unlawful production and handling of narcotic and psychotropic substances and poisons

Legal definiton 

Section 283 of the Criminal Code:

(1) Whoever unlawfully produces, imports, exports, transits, offers, mediates, sells, or otherwise procures for another, or stores for another, a narcotic or psychotropic substance, a preparation containing a narcotic or psychotropic substance, a precursor, or a poison, shall be punished by imprisonment for one to five years or by a financial penalty.

(2) The perpetrator shall be punished by imprisonment for two to ten years or by forfeiture of property if the act described in paragraph 1 is committed:

a) as a member of an organized group,

b) after having been convicted or punished for such an act within the last three years,

c) on a significant scale, or

d) to a greater extent involving a child or in an amount greater than small involving a child under fifteen years of age.

(3) The perpetrator shall be punished by imprisonment for eight to twelve years or by forfeiture of property if the act described in paragraph 1 is committed:

a) causing serious harm to health,

b) with the intent to obtain significant benefit for themselves or another,

c) on a very large scale, or 

d) to a greater extent involving a child under fifteen years of age.

(4) The perpetrator shall be punished by imprisonment for ten to eighteen years or by forfeiture of property if the act described in paragraph 1 is committed:

a) causing serious harm to the health of at least two persons or death,

b) with the intent to obtain large-scale benefit for themselves or another, or

c) in connection with an organized group operating in multiple countries.

(5) Preparation is criminal. 

Subjective aspect - intent

Unlawful production and handling of narcotic and psychotropic substances and poisons is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• Did the substance in question qualify as a narcotic or psychotropic substance, a precursor, or a poison, considering the relevant legislation?
• Did the individual possess the necessary authorization?
• What quantity was involved?
• In what manner did the individual handle the substance?
• What was the purpose of the individual's actions?
• Were the actions intended solely for the individual's personal use or also for other persons?
• Did the actions involve production or other handling, or were they limited to possession (Section 284 of the Criminal Code) or cultivation (Section 285 of the Criminal Code)?
  
• Was the perpetrator's intent directed towards the decisive facts?