Criminal defense for Drug Importation in Bonn

Legal Basis

§ 30 Abs. 1 Nr. 4 BtMG

Sentencing Range

Imprisonment of no less than two years (for a not-insignificant quantity)

Summary

Importing narcotics into the federal territory without authorisation

Importing Narcotics (Section 30(1) No. 4 BtMG)

Importing narcotics into Germany is among the most severely punished drug offences under German law. Even bringing small quantities across the federal border can result in a substantial prison sentence. Law enforcement agencies work closely with German customs, making border checks, postal surveillance, and international legal assistance common triggers for criminal investigations — a reality that affects expats and international travellers in particular.

Legal Basis

Section 30(1) No. 4 of the German Narcotics Act (BtMG) provides:

“Anyone who imports narcotics in a not insignificant quantity without authorisation shall be punished with imprisonment of not less than two years.”

For smaller quantities, Section 29(1) No. 1 BtMG applies, carrying a penalty of up to five years’ imprisonment or a fine. A less serious case under Section 30(2) BtMG provides for imprisonment from three months to five years.

Elements of the Offence

Narcotics: The substance must be listed in one of the Annexes I to III of the BtMG. This includes cannabis, cocaine, heroin, amphetamines, MDMA, and synthetic cannabinoids (so-called “legal highs” insofar as they fall under the BtMG).

Importing: Import means bringing a narcotic substance from abroad across the border into German territory. The offence is complete the moment the national border is crossed — regardless of whether the accused personally crosses the border or the substance enters Germany through third parties or postal delivery.

Not insignificant quantity: For the aggravated offence under Section 30(1) No. 4 BtMG, the quantity must exceed the judicially established threshold of a “not insignificant quantity.” Examples: 7.5 g THC (cannabis), 5 g cocaine hydrochloride, 1.5 g heroin hydrochloride, 10 g amphetamine base.

Without authorisation: Without the permit required under Section 3 BtMG. A medical prescription alone is insufficient for cross-border transport; a special permit under Section 4 BtMG or the Schengen Implementation Convention is required.

Intent: The perpetrator must at least accept the possibility of bringing narcotics across the border. For courier trips, conditional intent regarding the type and quantity of the transported substance suffices.

Typical Methods of Commission

Common scenarios include personal importation in luggage or on the body (so-called “body packing”), ordering via the darknet with postal delivery from abroad, use of transport vehicles with hidden compartments, organised courier transports across the border, and importation via EU transit countries to obscure the origin of the substances.

Sentencing Range

Importation of a not insignificant quantity (Section 30(1) No. 4 BtMG) carries a minimum sentence of two years’ imprisonment. In less serious cases (Section 30(2) BtMG), the sentence ranges from three months to five years’ imprisonment. For smaller quantities (Section 29(1) No. 1 BtMG), the penalty is up to five years’ imprisonment or a fine. In particularly serious cases, such as gang-related importation (Section 30a BtMG), the minimum sentence is five years’ imprisonment.

Typical Defense Strategies

A key starting point is scrutinising the quantity determination. What matters is the active substance content, not the gross weight — a flawed analysis can make the difference between the basic offence and the aggravated form. Furthermore, the accused’s knowledge of what was being transported is critically examined: did the courier actually know what they were carrying? Exclusionary rules for unlawfully obtained evidence also play a major role, for example in cases of unlawful searches, impermissible telecommunications surveillance, or violations of the right to be informed. For first-time offenders and smaller quantities, suspended sentences or deferral of sentence execution in favour of therapy (Section 35 BtMG) may be pursued.

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

Is bringing drugs across the border always import? Crossing the German border with drugs fulfils the offence – including arrivals by plane, car or post; the quantity determines the severity.

What if a parcel was addressed to me? An addressed parcel alone does not prove that you ordered it or knew its contents – attribution is a key defense issue.

What penalty do I face? Import of a not insignificant quantity carries a minimum of two years – a serious charge with a mandatory defense lawyer.

Should I make a statement at the airport or border? No – provide your personal details only; everything else should wait until the case file has been reviewed.

Summons or accusation of Drug Importation? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Drug Importation requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

For an offence classified as a serious crime (Verbrechen), a penalty order and a discontinuation under Sections 153 or 153a of the Code of Criminal Procedure are excluded by law. Without an indictment, the case only ends if the prosecution discontinues it for lack of sufficient suspicion (Section 170 II) – for example because the allegation cannot be substantiated. If charges are brought, a trial follows, in serious cases before the Regional Court. This makes the defense during the investigation stage all the more important.

Mitigated case, Section 31 Narcotics Act, and sentencing

In drug-offence cases, sentencing often matters more than the question of guilt. The decisive factors are the mitigated case (minder schwerer Fall), the active-ingredient quantity rather than the gross weight, the specific contribution to the offence and intent. Cooperation under Section 31 of the German Narcotics Act can substantially reduce the sentence or allow the court to refrain from punishment – but it must be weighed carefully. We assess which of these apply after reviewing the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.