Drug Possession by a Minor: What Does the Law Provide?
What applies when a minor is found in possession of drugs? How are such cases handled by the Juvenile Courts and what factors are taken into consideration?
Drug possession by a minor is a particularly sensitive legal and social matter, as it involves both Criminal Law and Juvenile Justice. Such cases are not handled in the same way as cases involving adults, as Juvenile Justice follows a different approach, placing particular emphasis on the minor’s age, the circumstances of the offence and the specific characteristics of each case.
In this article, we examine what is provided under Greek legislation, which factors are taken into consideration, what the possible consequences of a drug possession case may be for a minor, and what role the family and legal representation may play.
How does the law treat minors?
Greek law does not treat minors in the same way as adults. The criminal treatment of minors is governed by specific provisions of the Greek Criminal Code, which take into consideration the minor’s age at the time the offence was committed.
Particular importance is placed on the protection of the minor, education, social reintegration and the prevention of repeated offending. For this reason, the system of educational and therapeutic measures occupies a central position in Juvenile Justice.
Age, therefore, is not merely a formal detail. It may substantially affect the criminal treatment of the minor, as well as the type of proceedings and measures that may be applied.
Read below our law firm’s article and learn more about Juvenile Justice:
What applies to drug possession?
Drug possession is not treated in the same way in every case. When assessing a particular case, the factual circumstances are important, including, among other things, the minor’s age, the type and quantity of the substance, the manner in which it was found in the minor’s possession and the circumstances in which it was possessed.
The purpose of possession may also be of particular importance. Law 4139/2013 distinguishes, among other matters, between possession of drugs exclusively for personal use and cases falling within the provisions concerning drug trafficking. For the assessment of personal use, the law provides for consideration of factors such as the type, purity and quantity of the substance, together with the frequency and duration of use and the particular needs of the user.
In our article below, you can learn how the law treats persons dependent on drugs, how dependency is established and how it may affect the sentence:
Therefore, merely referring to a “small quantity” is not sufficient to provide a reliable answer as to the legal characterisation of a case. The factual circumstances must be assessed as a whole.
In cases involving minors, this assessment is further connected with the specific framework of Juvenile Justice and with the age of the person at the time of the offence.
Criminal consequences for minors
The consequences of a drug-related case for a minor depend on the legal characterisation of the offence, the minor’s age and the specific circumstances of the case.
Juvenile Justice provides for a specific framework for dealing with minors, in which educational and therapeutic measures play a particularly important role. In certain cases and subject to the specific conditions laid down by law, placement in a Special Detention Facility for Young Offenders may also be considered.
The treatment of such cases is therefore not the same in every situation, nor is it determined solely by the type or quantity of the substance. The factual and legal circumstances of the particular case, as well as the individual characteristics of the minor, are assessed as a whole.
It is therefore incorrect to assume that every case of drug possession by a minor automatically leads to detention or to the imposition of a specific measure. The precise legal treatment depends on the circumstances of each case and, where criminal proceedings have already been initiated, it is important for the matter to be assessed at an early stage by a lawyer with experience in Criminal Law and drug-related cases.
The role of parents in a drug case involving a minor
The involvement of a minor in a drug-related case often concerns the entire family. Parents or persons exercising parental responsibility may have an important role in the course of the proceedings and in supporting the minor.
The applicable framework for minors who are suspects or accused persons provides specific procedural safeguards during criminal proceedings and takes into consideration the minor’s family and social environment. Individual assessment may include information concerning the minor’s personality, family and social environment, as well as the minor’s mental, physical and intellectual condition.
This means that the handling of such a case is not limited exclusively to the incident of possession. The minor’s age, family circumstances, school and social environment, as well as other factors concerning the minor, may form part of the overall assessment of the case.
For parents, it is therefore important to receive calm and timely information regarding the proceedings and the minor’s rights, particularly where an arrest has already taken place or the minor has been summoned by a police, prosecutorial or judicial authority.
What is examined in practice in a case involving drug possession by a minor?
In practice, each case is assessed on the basis of the factual circumstances as a whole and not solely on the quantity of the substance found.
Among other things, the following may be examined:
the minor’s age at the time of the incident
the type and quantity of the drug
the manner and location in which the substance was found
the circumstances in which the substance came into the minor’s possession
any evidence relating to the purpose of possession
whether there are indications of drug use or dependency
the involvement of other persons in the incident
... as well as the minor’s particular personal, family, educational and social circumstances.
Particular attention is required where there are circumstances that may lead to a different legal characterisation of the offence.
Possession exclusively for personal use is regulated differently from acts that may fall within the provisions concerning drug trafficking, and the relevant legal characterisation is not determined solely by an numerical threshold concerning the quantity of the substance.
Frequently Asked Questions (FAQ)
1) What happens if a minor is arrested for drug possession?
The arrest or involvement of a minor in a drug possession case does not mean that the case will follow the same course as a corresponding case involving an adult. The specific provisions of Juvenile Justice apply and, among other factors, the minor’s age and the factual circumstances of the offence are taken into consideration.
Because the early stages of criminal proceedings may be particularly important, obtaining timely advice from a lawyer with experience in Criminal Law and drug-related cases may assist in the proper assessment of the case.
2) What does the law provide if the quantity of drugs is small?
A small quantity, by itself, is not sufficient to determine the ultimate legal treatment of a case.
Law 4139/2013 provides for a specific provision concerning possession of drugs justified exclusively for personal use and sets out specific criteria for assessing the purpose of possession.
Where the person involved is a minor, the minor’s age and the specific framework of Juvenile Justice are additional factors in the assessment of the case.
3) Are the parents informed when a minor is accused of drug possession?
Minors enjoy specific procedural safeguards during criminal proceedings, and the applicable framework provides specific rights for persons exercising parental responsibility. The exact procedure depends on the stage reached by the proceedings and the specific circumstances of the case.
In any event, it is important for parents or persons exercising parental responsibility to be informed at an early stage about the applicable procedure and the minor’s rights.
4) Which court hears a drug case involving a minor?
Criminal offences committed by minors fall within the specific framework of the Juvenile Courts, with jurisdiction allocated depending on the nature of the offence and the provisions of the Greek Code of Criminal Procedure.
Therefore, the procedure is not the same as the procedure that would apply to an adult accused of a corresponding offence.
5) Does the minor’s age matter?
Yes. The minor’s age at the time the offence was committed is a crucial factor in determining the applicable criminal treatment. The Criminal Code provides for different rules for different age groups of minors and establishes a different framework concerning criminal responsibility and the measures that may be imposed.
For this reason, in every case, the minor’s exact age at the time of the incident must be carefully examined.
6) How important is it whether the drugs were intended for personal use?
This is particularly important for the legal characterisation of the offence. Law 4139/2013 provides for specific regulation of the possession of drugs exclusively for personal use and sets out specific factors that are taken into consideration when determining this purpose.
However, whether a particular quantity and the circumstances of possession justify a claim of personal use is a matter that must be assessed on the basis of the factual circumstances of the particular case.
7) Can a minor be placed in a Special Detention Facility for Young Offenders?
Placement in a Special Detention Facility for Young Offenders is provided for by the Criminal Code only under specific conditions and is not an automatic consequence of a drug-related case. The applicable criminal framework sets specific requirements for the imposition of such a measure, while the application of educational or therapeutic measures is established as the primary approach for minors.
Therefore, no reliable answer can be given without examining the minor’s age, the legal characterisation of the offence and the specific circumstances of the case.
8) When is legal assistance useful in a drug case involving a minor?
Legal assistance may be particularly important where there has been an arrest, a preliminary investigation, a summons by a prosecutorial or judicial authority, or, more generally, where criminal proceedings have already been initiated against the minor.
A lawyer with experience in Criminal Law and drug-related cases can assess the factual circumstances, the case file and the stage of the proceedings and inform the minor and the family about their rights and available options.
Particularly in cases involving minors, where a specific legal framework applies, timely and personalised legal guidance may be of particular importance.
Related articles on Criminal Law and drug-related cases
Drug possession by a minor is only one of the issues that may arise in a Criminal Law case. Drug legislation includes different provisions depending on the nature of the act, the purpose of possession or trafficking, the existence of dependency and the specific factual circumstances of each case.
For further information regarding drug-related cases and criminal proceedings, you can also read the following articles published by our law firm:
Legal support in Criminal Law and drug-related cases
Dealing with a drug-related case requires careful assessment of the factual circumstances and legal aspects of each individual case. Particularly where a minor is involved, the minor’s age, the stage of the proceedings, the legal characterisation of the offence and the individual circumstances of the person concerned must be assessed as a whole.
Obtaining timely advice from a lawyer with experience in Criminal Law and specialised expertise in drug-related cases may contribute to the proper handling of the case, particularly during the early stages of the proceedings, when important decisions concerning the defence of the accused are made.
Christos Terzidis, Attorney at Law before the Supreme Civil and Criminal Court of Greece (Areios Pagos), Criminal Lawyer and Doctor of Law at the Aristotle University of Thessaloniki, specialising in the field of drugs, has in-depth knowledge of Criminal Law and extensive courtroom experience in cases concerning the broader field of criminal legislation.
Having also served for many years as a member of the team of lawyers of KETHEA (Therapy Center for Dependent Individuals), he has dealt for many years with cases relating to drug legislation and the criminal treatment of related matters.
Our law firm in Thessaloniki handles Criminal Law cases, with particular focus on drug-related cases, providing personalised legal support and representation at the various stages of criminal proceedings.
For immediate legal assistance in the event of an arrest or another Criminal Law matter, you may contact our law firm at +30 6977424779 or via Viber / WhatsApp at the same number.
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