1 kg cocaine penalty Germany: What you need to know
The prosecution of drug trafficking and possession is a serious issue in Germany, which is regulated by the courts and law enforcement agencies with strict laws. The possession and distribution of cocaine - one of the most abused illegal drugs in the world - is punished particularly severely. In this article, we look at the specific issue: What is the penalty for 1 kg of cocaine in Germany? We clarify the legal background, the penalties and the possible consequences for offenders.
Why is cocaine illegal in Germany?
Cocaine is a controlled substance and falls under the Narcotics Act (BtMG). This law prohibits the trade, import, possession and production of cocaine without the appropriate authorization. The Federal Republic of Germany takes strict action against drug-related crime in order to protect public health and safety.
Legal basis: The Narcotics Act (BtMG)
The Narcotics Act (BtMG) is the central legal provision that regulates the handling of illegal drugs. According to Section 29 BtMG, particularly serious cases of trafficking in narcotics are punishable by severe penalties.
§ Section 29 BtMG - Serious case of trafficking in narcotics
It says:
„Anyone who, in a serious case, offers, holds for sale, acquires or otherwise places a narcotic drug on the market shall be sentenced to at least three years“ imprisonment, but at least one year's imprisonment."
The Severe case is assumed in particular if:
- One Large quantity of the narcotic is affected
- The perpetrator commercial intentions pursued
- It is a repeated offense acts
- The perpetrator Weapons or violence uses
How many grams of cocaine is considered a „large quantity“?
The quantity of the narcotic plays a decisive role in sentencing. For cocaine there are in the BtMG Limit values, from which a serious case is assumed.
Quantity levels and the respective penalty categories
| Amount of cocaine | Legal classification | Possible penalty |
|---|---|---|
| Up to 1 g | Minor case (small quantity) | Fine of up to 90 daily rates or imprisonment for up to 3 years |
| 1 g to 5 g | Medium case | Imprisonment for up to 5 years |
| From 5 g | Serious case | Prison sentence of at least 3 years, often up to 10 years |
| From 50 g (particularly serious case) | Particularly serious case | Prison sentence of at least 5 years, up to 15 years or even life imprisonment |
Note: From a quantity of 1 kg (1000 g) Cocaine is undoubtedly one of the most particularly serious case according to § 29 para. 2 BtMG.
Penalty for 1 kg of cocaine in Germany
Minimum requirements and upper limits
With a Possession or trafficking of 1 kg of cocaine is a Very large quantity, which in any case are particularly serious case is categorized.
Penalty range:
- Minimum penalty: 5 years imprisonment
- Regular penalty: 6 to 12 years imprisonment
- Maximum penalty: 15 years imprisonment or Life imprisonment (if there is special aggravation, e.g. gang membership, armed violence, repeat offense)
Possible additional penalties:
- Fines (in combination with detention)
- Confiscation of evidence and profit (Confiscation)
- Forfeiture of profit from the offense
- Placement in a rehab center (with proof of dependency)
- Restriction of freedom of movement (e.g. electronic ankle bracelet after release from prison)
- Occupational ban for certain activities (e.g. in the healthcare sector)
Factors influencing the sentencing
The final penalty is not only influenced by the quantity, but also by other factors. Circumstantial factors:
1. intention of the perpetrator
- Trade with commercial intentions (e.g. to finance a criminal organization) leads to harsher penalties
- Own consumption (even if the quantity is large) may constitute mitigating circumstances under certain circumstances
2. repeat offense
- The sentence is significantly increased for previous convictions for similar offenses
3. involvement of violence or weapons
- If during the action Violence used or Weapons used this can extend the sentence by several years
4. role in a criminal organization
- As Leader or organizer in a drug trafficking structure face even higher penalties than simple accomplices
5. health and social situation of the offender
- In individual cases mitigating circumstances(e.g. addiction, social disadvantage) lead to a lesser sentence - but rarely in the area of particularly serious cases
Procedure for suspected trafficking in 1 kg of cocaine
1. search and arrest
In cases of suspected trafficking in large quantities of cocaine, the police and customs authorities often Searches through. If the substance is seized, it is usually Arrest.
2. pre-trial detention
The defendant may in custody be taken, especially if there is a risk of flight or a risk of concealment.
3. indictment by the public prosecutor's office
The public prosecutor's office charges Indictment at the regional court, as it is a crime with a high penalty.
4. main hearing
It comes to Main hearing before the Special chamber of the regional court. A Court of lay assessors or jury court decides on guilt and punishment.
5 Judgment and enforcement
The court announces the Verdict. In the case of a prison sentence of more than one year, this enforced there is no right of probation.
Cases from case law - What do courts show?
Example judgments:
- BGH, judgment of 14.03.2018 - 1 StR 632/17: The Federal Court of Justice confirmed a 8-year prison sentence for trafficking over 900 g of cocaine in an apartment.
- Regional Court Frankfurt, judgment of 12.05.2020: A International dealer, who imported over 2 kg of cocaine was sentenced to 12 years imprisonment condemned.
These judgments show that 1 kg cocaine usually to sentences ranging from several years to life imprisonment leads.
Conclusion: 1 kg of cocaine in Germany - A criminal offense with severe consequences
Possession of or trade in 1 kg cocaine in Germany is referred to as particularly serious case classified under the Narcotics Act. The Minimum sentence is 5 years imprisonment, however, as a rule a Imprisonment between 6 and 12 years imposed. In special circumstances, the penalty can even be 15 years or life imprisonment are.
Important take-aways:
- Any amount over 5 g of cocaine is classified as a serious case
- 1 kg cocaine falls into the category particularly serious case
- Penalties include Imprisonment, confiscation of evidence, placement, prohibition of appeal
- Repeat offenders or Organized crime lead to even harsher judgments
FAQs - Frequently asked questions
1. can 1 kg of cocaine get you on probation?
No. With a sentence of more than one year, there are no right of probation. Probation is only possible for sentences of up to one year.
2. does the penalty also apply to possession or only to trafficking?
The penalty applies to both the Trade as well as for the Possession with commercial quantity, especially if there is a suspicion of commercial intention exists.
3. are family members also prosecuted if drugs are found?
Only if they involved or know were. Unconscious connivance does not necessarily lead to a penalty.
4. is there a difference between cocaine and coke?
No. „Coke“ is just a colloquial term for Cocaine.
5. can a lawyer reduce the sentence?
An experienced defense lawyer can mitigating circumstances recite, Identifying gaps in evidence or Lodge an appeal, but he cannot guarantee that the sentence will be significantly reduced - especially not for 1 kg of cocaine.
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