Rome · Madrid · Rimini
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Qualified defence at every stage of proceedings for narcotics offences, with access to alternative measures, probation and rehabilitation programmes.
The Firm intervenes both in urgent precautionary phases and in rehabilitation pathways and access to alternative measures.
Defence in proceedings under art. 73 D.P.R. 309/1990, which punishes the production, trafficking and unlawful possession of narcotic substances. We handle the most delicate precautionary stages — arrest in flagrante, validation, custodial measures — and build the defence strategy on the basis of the specific circumstances of the case.
Assistance in basic and aggravated cases of drug trafficking, with assessment of the type of substance (ministerial schedules I-IV), the quantity, the continuity of the conduct and any aggravating circumstances linked to sensitive locations, minors or criminal associations. Critical analysis of the sources of evidence, often based on undercover operations and statements of co-defendants.
Defence in proceedings in which the charge is based on the qualification of possession as intended for dealing rather than for personal use. We rigorously assess the distinguishing criteria developed by case law: quantity, manner of storage, possession of weighing instruments, cash in small-denomination banknotes.
Assistance in proceedings for cultivation, with particular reference to the case-law developments on small-scale domestic cultivation, deemed criminally irrelevant when devoid of any projection towards the market. We analyse the number of plants, potential yields and the context of possession.
Defence in proceedings for criminal association under art. 74 D.P.R. 309/1990, one of the offences carrying the heaviest penalties. We assess the existence of a stable associative bond, the distinction between joint participation and organised structure, and the role actually played by the individual defendant.
We actively work on the reclassification of the facts as a minor offence, which allows for a significantly reduced sentence and broader access to alternative proceedings and substitute measures. Combined assessment of the means, modalities, circumstances of the conduct and the quality and quantity of the substance.
Assistance in administrative and criminal proceedings concerning the personal use of narcotic substances, with particular attention to exceeding the maximum quantities that may be held under the ministerial schedules and, when necessary, the reconstruction of the intended use of the seized quantity.
Preparation and management of applications for the suspension of proceedings with probation (messa alla prova), an often decisive tool in less serious narcotics offences. Coordination with the UEPE (Office for the Enforcement of Sentences) for the development of a personalised and credible treatment programme.
Assistance with access to alternatives to detention — probation supervision, therapeutic probation under art. 94 of the Italian Drugs Act — and with conditional suspension and rehabilitation pathways. Particular attention is paid to drug-dependent individuals and to liaison with SerD (Addiction Services) and therapeutic facilities.
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