Criminal Treatment of Drug-Dependent Offenders in Greece | Drug Defence Lawyer Thessaloniki


Learn how Greek law treats drug-dependent offenders, how drug dependence is established, and how it may affect criminal sentencing. Specialist legal representation in drug-related criminal cases in Greece








Greek law recognises that drug dependence is a complex medical and social condition that may substantially affect the criminal assessment of an offence. For this reason, the law contains specific provisions that distinguish the criminal treatment of drug-dependent offenders from that of other categories of defendants.



Drug-related criminal cases—and particularly those involving individuals suffering from drug dependence—require careful legal assessment, as the recognition of drug dependence may play a decisive role in the outcome of the case.









What Does Greek Law Provide for Drug-Dependent Offenders? (Law 4139/2013)


The principal legislation governing drug-related offences in Greece is Law 4139/2013. This legislation establishes a clear distinction, on the one hand, between individuals who possess controlled substances exclusively for personal use and those involved in drug trafficking, and, on the other hand, between drug-dependent and non-dependent individuals.



More specifically, Greek law recognises that a drug-dependent offender should not be viewed solely as a person who has committed a criminal offence, but also as an individual in need of treatment, rehabilitation and support. Accordingly, the law provides the possibility of more favourable criminal treatment, provided that drug dependence is established through the appropriate evidentiary means.



Correctly determining whether a case falls within the relevant provisions of the law is a crucial aspect of the defence strategy, as it may significantly influence both the legal assessment of the case and the criminal treatment ultimately applied to the defendant.










What Is Considered Drug Dependence?


Drug dependence is a complex medical and psychosocial condition characterised by the systematic and repeated use of substances.



Within this context, drug dependence may be manifested through:


  • Physical symptoms resulting from the absence of the substance (withdrawal syndrome)


  • Psychological dependence, which is expressed through the individual's strong attachment to daily substance use, making it the central focus of their life while neglecting other aspects of their social existence, such as professional, family or social activities.



The assessment and proof of drug dependence is not always straightforward and often constitutes a critical issue in criminal proceedings. It requires careful legal handling, particularly where it is connected with serious criminal charges.










How Is Drug Dependence Proven?


The proof of drug dependence is a decisive factor for the criminal treatment of the defendant and may be supported by various forms of evidence.






Medical Assessment


The existence of drug dependence is primarily established through a medical assessment carried out by competent specialists, who examine the individual's medical history and current condition.







Participation in Treatment Programmes


Participation in rehabilitation or treatment programmes may be taken into consideration when assessing the case.


Admission to and participation in recognised drug rehabilitation programmes constitutes an important factor considered by the Criminal Court, as it demonstrates the individual's effort and commitment towards overcoming dependence.








Forensic Medical Expert Examination


In certain cases, an expert examination may be ordered within the framework of the criminal proceedings in order to establish the existence of drug dependence through scientific assessment.


The proper collection, presentation and evaluation of the above evidence may have a decisive impact on the course of the case and on the final judgment of the Criminal Court.









How Does Drug Dependence Affect Criminal Sentencing?


The finding that a defendant suffers from drug dependence may affect the criminal treatment applied in the case. The Criminal Court examines the specific circumstances of each individual case.



In particular, drug dependence may lead to:


  • the imposition of a reduced sentence

  • the application of more favourable legal provisions  and

  • consideration of alternative measures, such as participation in treatment programmes




The Criminal Court assesses each case individually, taking into account the seriousness of the offence, the circumstances in which it was committed and the personal characteristics of the defendant.


In practice, identifying the evidence demonstrating drug dependence and properly using such evidence within the defence strategy may play a decisive role in the final outcome of the proceedings.










Difference Between a Drug-Dependent Offender and a Drug Trafficker


The distinction between a drug-dependent offender and a drug trafficker is a crucial element in the criminal assessment of drug-related cases.



A drug-dependent offender is treated differently under Greek law, as the law recognises that such a person may require treatment and support, whereas drug trafficking is treated as a significantly more serious criminal offence and is subject to stricter penalties.



An incorrect legal assessment or failure to properly distinguish between these two categories may lead to particularly adverse consequences for the defendant.



For this reason, the correct evaluation of the facts of the case, the available evidence and the legal classification of the conduct is of fundamental importance when developing an effective defence strategy.










Frequently Asked Questions About the Criminal Treatment of Drug-Dependent Offenders


1. Who decides whether a person is drug-dependent?


The assessment of whether a person is drug-dependent is carried out by competent medical and scientific bodies, as well as through expert examinations ordered within the framework of the criminal proceedings.


In any event, the findings and conclusions of the above medical and scientific bodies are ultimately submitted for evaluation by the Criminal Court hearing the specific case.


The Criminal Court retains the discretion to either accept or reject such findings, taking into account the entirety of the evidence presented before it.










2. Can drug dependence affect the sentence imposed?


Yes.


Drug dependence may be taken into consideration when assessing the criminal case and may lead to more favourable criminal treatment, provided that it is established in accordance with the requirements of the law.


The recognition of drug dependence may therefore have a significant impact on the sentence imposed and on the overall legal assessment of the defendant's conduct.









3. How important is proving drug dependence?


Proving drug dependence is a decisive factor in the development of the case and may substantially affect the sentence imposed.


The proper presentation and evaluation of evidence demonstrating dependence may influence the way the Criminal Court approaches the defendant's situation and the applicable legal provisions.









4. Can a drug-dependent person avoid imprisonment?


In certain cases, participation in treatment programmes and the overall assessment of the circumstances of the case may influence the criminal treatment applied.


The Criminal Court examines each case individually, taking into consideration the nature of the offence, the evidence available and the personal circumstances of the defendant.









5. What does a Criminal Defence Lawyer handle in drug-related cases?


A criminal defence lawyer handling drug-related cases undertakes the overall legal support and representation of the defendant throughout all stages of the criminal proceedings.



In particular, the lawyer may assist with:


  • assessing the case and the relevant factual circumstances

  • reviewing and analysing the documents contained in the criminal case file

  • providing guidance regarding the collection and presentation of evidence, such as medical reports or evidence relating to drug dependence

  • representing the defendant before investigative authorities and Criminal Courts  and

  • developing the appropriate defence strategy.



The role of a criminal defence lawyer is crucial, as the correct legal approach may substantially influence the course and outcome of the case.









6. Is a lawyer necessary in drug-related cases?


Drug-related criminal cases are particularly complex and require specialised knowledge of Criminal Law.


Legal assistance from a lawyer with experience in this field is essential for the effective protection and defence of the defendant's rights.










Drug-Related Cases – Legal Support


Cases involving drug offences and drug-dependent offenders are complex and require specialised legal knowledge and experience in Criminal Law.



Our law firm, based in Thessaloniki, Greece, has significant experience in handling drug-related criminal cases, with an in-depth understanding of the criminal procedure and the specific legal and factual issues that may arise in each case.



We provide personalised legal support and representation, with the aim of effectively defending the rights and interests of our clients throughout every stage of the criminal proceedings.











Read More About Drug-Related Cases


If you wish to obtain more detailed information about drug-related criminal cases and their legal treatment under Greek law, you may also read the following related articles:









For specialised legal guidance and defence representation in Criminal Law and drug-related cases, assistance from a lawyer with experience in this field may prove crucial for the proper handling and outcome of the case.

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