- I was questioned by the police at a park in Shibuya-ward, Tokyo. A dangerous drug was found in my jacket during police inspection of personal property, and then I was questioned at Harajuku Police Station of the Metropolitan Police Department. I was afraid of being arrested if designated substances are detected from the drug…
- I snorted dangerous drug which includes designated substances. After that, I caused a traffic accident near Ikebukuro Station, and injured 5 persons. I was arrested and am under detention in Ikebukuro Police Station of the Metropolitan Police Department…
1. What is Dangerous Drug and Legal Intoxicant?
In late years, possession and use of “dangerous drug” become problem, and the number of crimes committed by “dangerous drug” users is on the increase.
The name of “dangerous drug” has been used since around July 2014. Before that, it was called “legal intoxicant” or “synthetic cannabis”. It has been sold in a shop and on the Internet as “incense” or “legal herb”. While “dangerous drug” was called “legal drug” or “legal herb”, actually the drug including illegal drug is distributed in large quantities.
“Dangerous drug” has ingredients similar to narcotics, stimulants, etc., and has a risk of causing symptoms such as disturbed consciousness, vomiting, spasm, and breathing difficulty. There are various types of “dangerous drug”, powder, spathic, and liquid.
2. Criminal Punishment for Dangerous Drug and Legal Intoxicant
“The Law on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (so-called, “Pharmaceutical Affairs Law”) prohibits the possession and use of “dangerous drug”. The law was called “Yakuji hou” before the amendment.
The Pharmaceutical Affairs Law prohibits manufacturing, importing, selling, providing, possessing, purchasing, receiving, using of the designated substances for any purpose other than medical purposes. (Article 76-4 of the Pharmaceutical Affairs Law)
A person who violates these prohibitions is to be punished by imprisonment with work for not more than 3 years, a fine of not more than 3,000,000 yen, or both. (Article 84-26 of the Pharmaceutical Affairs Law)
Manufacturing, importing, selling, providing of the designated substances or possessing (limited to the cases of storing or exhibiting them for the purpose of the sale) for profit is to be punished by imprisonment with work for not more than 5 years, a fine of not more than 5,000,000 yen, or both. (Article 83-9 of the Pharmaceutical Affairs Law)
Besides, a person who imports the substances designated under the Pharmaceutical Affairs Law is to be punished by imprisonment with work for not more than 10 years, a fine of not more than 30,000,000 yen, or both, according to the Customs Act (Article 109(1) and 69-11(1)(1)(2) of the Customs Act) These provision on prohibition and punishment were added to the Customs Act from 1 st April 2015 because an increase of traffic accidents cause by dangerous drug users becomes a social problem.
▼Summary of Dangerous Drug Case
|Act||Criminal Punishment & Statutory Penalty|
|Manufacturing, importing, selling, providing, possessing, buying, receiving, using the designated substances (Article 84, item 26 of the Pharmaceutical Affairs Law)||Imprisonment with work for not more than 3 years, a fine of not more than 3,000,000 yen, or both|
|Manufacturing, importing, selling, providing, possessing the designated substances for profit (Article 83-9 of the Pharmaceutical Affairs Law)||Imprisonment with work for not more than 5 years, a fine of not more than 5,000,000 yen, or both|
|Importing the designated substances (Article 109(1) and 69-11(1)(1)(2) of the Customs Act)||Imprisonment with work for not more than 10 years, a fine of not more than 3,000,000 yen, or both|
~Defense in Dangerous Drug and Legal Intoxicant Case~
1. Decision Not to Prosecute and Suspended Sentence in Dangerous Drug and Legal Intoxicant Case
There are numerous cases that the offenders got arrested for possession or use of drugs in dangerous drug and legal intoxicant cases. The use of dangerous drug is recognized as a gateway to drug crimes such as stimulant or cannabis. In a case of first offense, there is a possibility that a public prosecutor decides not to prosecute or a judge hands down suspended sentence by taking preventive measures. However, a judge may give a harsh sentence where the accused committed drug crimes many times.
A lawyer persuasively asserts that the suspect or accused should be rehabilitated in society by calling on him/her to reflect on his/her past conducts, and organizing environment that he/she can receive treatment for drug dependence and that the family supervises him/her, in order to get a decision not to prosecute or suspended sentence. Prison sentence has negative sides that it takes time to rehabilitate after coming out of jail, it is difficult to get a job again, etc. Please consult a lawyer promptly when you or your family got arrested in the dangerous drug and legal intoxicant case.
2. Assertion that the Suspect /Accused Did Not Recognize that the Drug Had Designated Substances
The dangerous drag and legal intoxicant case is the intentional crime. Thus, it is an important point whether the suspect or accused recognized that the drug was illegal at the time when he/she committed the crime. A lawyer argues and demonstrates that the suspect or accused did not find out about the designated substances or did not know that the drug was illegal based on the objective evidence. If these arguments are accepted, it is possible to get a decision not to prosecute or acquittal. Once the suspect gets a decision not to prosecute, he/she will not have criminal records and can return into society.
3. Release in Dangerous Drug and Legal Intoxicant Case
It can be said that the term of physical restraint, in the dangerous drug and legal intoxicant case, is likely to be extended for a long period of time, from arrest to detention, prosecution, detention after prosecution. It is because that there is objective evidence and the suspect or accused may destroy or conceal the evidence on the investigation of the route of drug acquisition or accomplice. However, the long-term physical restraint has harmful effects on the following rehabilitation.
A lawyer who has rich experience in criminal and juvenile cases files complaints from the stage of arrest and detention. In an criminal case of adult, the lawyer does defense to release the accused early by requesting bail after prosecuted.
You can receive the best advice from lawyers of AICHI Criminal Cases Law Firm who have rich experience in the dangerous drug and legal intoxicant case. Lawyers specializing in criminal and juvenile cases provide for “the free consultation”. Where the suspect got arrested, we also provide with “the first interview service” that our lawyers go to a detention cell where the suspect is detained.