Friday, April 28, 2017

Probation Sentence Imposed On German For Commercial Trafficking Of Amphetamine

The Sigmaringen District Court sentenced a German citizen to probation for ordering amphetamine from the darknet in large quantities and selling them to customers for a profit.

According to the court documents, two trials were held by the jury and four witnesses had been heard in the case of the 39-year-old accused from Pfullendorf, Germany. The defendant was accused of the commercial trafficking of narcotics in three cases.

“He [the defendant] stands on the knife’s edge”, the 39-year-old’s lawyer said about his client’s case, after the prosecutor’s office demanded a two-year prison sentence without parole.

At his court hearing, the accused spoke openly about his narcotic addiction, which began, according to him, since he was 15-years-old. Without an apprenticeship, he worked part-time at occasional jobs. That was the time he became addicted to drugs. According to the defendant, after he discovered the dangers and the problems with the whole addiction, he completed a nine-month long-term therapy and remained abstinent for five years. He returned to Pfullendorf, where, according to his own statements, he fell back into the old circle of friends and the “old water”, that is, drug consumption. With his roommate, they discovered the dark web. They made a plan to order large amounts of amphetamine from different sellers, which they could resell for a better price in order to make profits. According to the 39-year-old’s confession, all orders were conducted on the dark side of the internet, and he paid for the narcotics in bitcoins. Since he purchased amphetamine in bulk quantities, the price per gram ranged from two to three euros. The accused made advantage of the price gap and sold the substance to customers locally for 5-10 euros per gram.

The court heard that on several occasions, the customs authorities seized packages addressed to the suspect with about 100 grams of amphetamine in each parcel, which resulted in law enforcement authorities investigating the defendant, and the prosecution charging him with the commercial trafficking in narcotic drugs in three cases. Recently, investigators arrested a courier from the Netherlands who, according to the prosecutor, had a total of 22 “consignments”. Despite the fact that the courier had been caught, there is no information on whether the 39-year-old was connected to the arrested man. Court documents only provided information on the fact that the man allegedly carried out 22 “consignments”.

The accused admitted that he still occasionally smokes marijuana, however, he feels strong enough to “defy the addictive danger”, thanks to a new relationship and family retention. The 39-year-old stated that he is not an addict anymore and has no need for professional help.

The defendant’s lawyer pleaded for a probation penalty for his client. He commended the courage of the suspect since he spoke so openly about his addiction and that he honestly admitted the fact that there is never a 100 percent security against a relapse in the case of an ex-addict. Unlike the prosecutor, the defender had seen a positive social prognosis. According to the lawyer, the prosecutor’s recommended sentence of two-year of imprisonment would be too harsh for his client.

“In the smallest offense, the calling will be revoked!” these were the last words of the accused on his court trial. The defendant claimed that he “made his own addiction therapy” with the help of his girlfriend and family.

“We have honored your great honesty,” Judge J├╝rgen Dorner said after a 20-minute consultation. The judge sentenced the 39-year-old to 18-months of prison, suspended to four years on probation. The fact that the accused had not been previously convicted was also a mitigating factor.

“You have to show that you are able to do that,” Dorner added that the accused, who accepted the verdict in the courtroom, had to do 160 hours of non-profit work additionally to the probation sentence. The court trial ended really quickly since the accused and his lawyer decided to plead guilty to all charges against the defendant.

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