Criminal defense for Drug Trafficking in Bonn

Legal Basis

§ 29 Abs. 1 Nr. 1, § 29a, § 30 BtMG

Sentencing Range

Imprisonment of up to five years; in nicht lower Menge: mindestens ein Jahr

Summary

Unlawful trafficking in narcotic substances

Drug Trafficking under Section 29 of the German Narcotics Act – Overview

Drug trafficking (Handeltreiben) is a catch-all offence under German narcotics law with far-reaching interpretation by the courts. Any self-serving activity directed at the turnover of narcotics can be classified as trafficking. Criminal liability ranges from small-scale dealing to internationally organised drug trade.

Statutory Text (Section 29(1) No. 1 BtMG – Excerpt)

Section 29(1) No. 1: Whoever unlawfully cultivates, produces, trades in, imports, exports, sells, supplies, otherwise places on the market, acquires, or otherwise procures narcotics shall be liable to imprisonment of up to five years or a fine.
Section 29a(1) No. 2: Whoever unlawfully trades in narcotics in quantities that are not small shall be liable to imprisonment of not less than one year.

Elements of the Offence in Detail

Trafficking

Trafficking encompasses any self-serving activity directed at the turnover of narcotics. The courts interpret this broadly to include purchasing, selling, brokering, transporting, storing, and any other profit-oriented involvement in the narcotics trade.

Self-Interest

The perpetrator must act in self-interest, seeking a material advantage for themselves. Even the expectation of a minor benefit, such as a discount on personal consumption, suffices.

Quantities That Are Not Small

The aggravated form under Section 29a(1) No. 2 BtMG applies to trafficking in quantities that are not small. Threshold values are established by the Federal Court of Justice for each substance (e.g. 5 g cocaine hydrochloride, 7.5 g THC, 1.5 g heroin hydrochloride).

Typical Methods of Commission

Common forms include: street dealing (small-scale), trading via encrypted messenger services, darknet trading, wholesale and intermediate dealing, courier activities, stash keeping, and organised international drug trafficking.

Sentencing Range

The basic offence carries imprisonment of up to five years or a fine. For quantities that are not small (Section 29a BtMG), the minimum sentence is one year. Gang trafficking in quantities that are not small (Section 30a BtMG) carries a minimum of five years. Sentences increase with quantity, degree of organisation, and commercial nature.

Typical Defense Strategies

Defense approaches include: distinguishing between trafficking and non-punishable personal use, challenging the element of self-interest (altruistic procurement for others), questioning quantity attribution and active ingredient calculation, cooperating witness provisions (Section 31 BtMG) for substantial sentence reduction, exclusion of evidence from telecommunications surveillance or undercover investigations, establishing a less serious case with low profit and minimal organisation, and therapy instead of punishment (Section 35 BtMG).

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

What counts as drug trafficking? Any self-interested activity aimed at the sale of drugs – even a single brokered deal can qualify; personal consumption alone is not trafficking.

What role do chat messages play? Chats from seized phones are often the central evidence; their interpretation (own deals vs. talk, quantities, roles) offers substantial defense potential.

Do I need a defense lawyer in any event? Trafficking in not insignificant quantities is a serious charge (Verbrechen) with a mandatory defense lawyer – you may and should name a lawyer of your choice.

What penalty do I face? The range depends heavily on quantity, substance and role; from one year upwards for not insignificant quantities, with mitigated ranges in many constellations.

Summons or accusation of Drug Trafficking? 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 Trafficking 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

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

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.