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International Drug Trafficking: What is international drug trafficking?
Drug trafficking is considered "international" when the unlawful activity contains an element of transnationality, meaning it involves more than one State from a material, personal, or legal standpoint.
In detail.
International drug trafficking exists when the production, transport, transfer, sale, or organization of drug trafficking goes beyond the borders of a single Countryor produces effects in multiple States. It is not necessary for the entire operation to take place abroad: a legally relevant connection with another State is sufficient.
Several factors may qualify drug trafficking as international:
- transport across the physical and legal borders of different countries;
- the existence of a criminal organization operating in more than one State;
- trafficking intended to produce effects abroad, meaning the drugs are destined for a country other than that of production;
- the use of international means of transport.
In maritime drug trafficking, it is sufficient that the narcotic substance is on board a vessel traveling between States to establish the international dimension of the offense.
It is also important to note that the crime is considered international even if the drugs are intercepted before crossing a national border, provided that a foreign destination or inclusion in a transnational network can be proven.
International Drug Trafficking: What is the penalty for drug trafficking in Italy?
In Italy, international drug trafficking is governed by Presidential Decree No. 309/90, known as the Consolidated Law on Narcotics (Testo Unico sugli Stupefacenti), which serves as the primary legal framework in this field. The penalty system is particularly severe and distinguishes between different types of substances and levels of involvement.
With regard to the basic offense of drug trafficking, Article 73 provides for penalties that vary depending on the nature of the substance. For so-called "hard" drugs, such as cocaine and heroin, the penalty is imprisonment from six to twenty years. For "soft" drugs, such as cannabis, the penalty ranges from two to six years' imprisonment.
When trafficking takes on an international dimension, specific aggravating circumstances apply. Article 80 provides for an increase in the sentence by one-third to one-half where the trafficking activity has a transnational character. Penalties may be further increased if the offense involves criminal organizations or particularly large quantities of substances. In cases of international trafficking involving significant quantities, the sentence may reach very high levels, potentially up to 24 or even 30 years' imprisonment.
An even more serious framework is provided in cases of criminal association aimed at drug trafficking, governed by Article 74 of the Consolidated Law. Where a stable and structured organization dedicated to international drug trafficking is involved, promoters, organizers, or leaders face imprisonment from twenty to thirty years. Participants, even if in a subordinate role, are nonetheless subject to very severe penalties, ranging from ten to twenty-four years' imprisonment.
International drug trafficking: Illicit Drug Trafficking in International Waters
International drug trafficking increasingly relies on maritime transport as its primary logistical channel. Commercial containers, cargo ships, and intercontinental routes offer criminal organizations the opportunity to move large quantities of narcotic substances with a relatively low operational risk.
Maritime routes, in fact, allow the movement of enormous volumes of goods and represent the main gateway for drugs entering the European market. Trafficking flows are concentrated in two major strategic port areas: on one side, the Iberian Peninsula, with Spain and Portugal serving as southern entry points; on the other, Northern Europe, with logistical hubs in the Netherlands and Belgium. As for cocaine, the dominant route is the Atlantic corridor, linking Europe to South American regions where coca cultivation is concentrated, particularly Colombia, Peru, and Bolivia.
The use of vessels also makes it easier to conceal drugs inside containers which, once loaded, are sealed (container contamination), often without the shipowner's involvement. In many cases, the transfer of drugs then takes place on the high seas, using smaller boats as logistical support for moving the cargo.
International Drug Trafficking: Criminal Liability of the Shipowner
The phenomenon of international drug trafficking involves a very large number of structured criminal organizations and is reflected in increasingly frequent seizures in major Italian ports, including Palermo, Gioia Tauro, Naples, and Livorno. Law enforcement operations do not only concern the seizure of narcotic substances, but generally also extend to the means of transport used.
Indeed, it is not uncommon for a shipowner to have a vessel seized due to unlawful conduct carried out by members of the crew. In such circumstances, the owner of the ship is often required to face legal proceedings in order to prove complete non-involvement in the alleged offences, with the aim of obtaining the return of the vessel.
In detail, a shipowner may be held liable for international drug trafficking when the following is established:
" direct involvement or participation in the offence
" awareness of the concealment of the drugs
" serious failure to carry out controls in the presence of risk indicators
Arnone&Sicomo – International Law Firm: How can help you
The international law firm Arnone & Sicomo, based in Italy and active in international criminal law and maritime law, has a team of lawyers who have been handling the most complex international drug trafficking cases for years.
We assist shipowners, crew members, shipping companies, and logistics operators in prevention and defense in proceedings related to international drug trafficking, vessel seizures, and multi-jurisdictional investigations.
Are you looking for a drug criminal defense attorneyin Italy?Contact us.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
