Digitalization is finding its way into all areas of our lives – including crime. The darknet in particular offers many opportunities for ordering drugs that almost invite criminal acts, as products and services in this context are usually outside the legal realm.
However, cases are currently making headlines in which drugs were offered not on the darknet, but on the “perfectly normal” internet via online shops. The “Shiny Flakes” case is particularly well-known, and its story even made it into a Netflix documentary. But even if ordering drugs online seems too easy to be true, it often carries criminal consequences. We show what suspects can face when ordering drugs over the internet.
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Ordering drugs online: To what extent is it a criminal offense?
Surfing the darknet is generally not a criminal offense. However, this does not mean that purchasing drugs on the darknet goes unpunished. Legally, the situation is no different from buying drugs on the street. For example, Section 29 of the Narcotics Act (BtMG) lists various criminal acts that can also be committed by purchasing drugs online:
- Trafficking
- Import or export
- Distribution
- Placing on the market
- Acquisition
- Otherwise procuring
- Possession
- Sale
- Otherwise transferring
For instance, criminal liability for the acquisition of narcotics may be considered in the case of an online order. It is disputed whether an order placed with a click already constitutes an acquisition or merely a non-punishable preparation for acquisition. At the latest, however, when the goods arrive, it constitutes a punishable acquisition, as well as punishable possession.
If the delivered goods are resold, trafficking may also be present. Furthermore, importation can also be established if the narcotics entered Germany from abroad.
What is the penalty for ordering drugs virtually?
The penalty depends on the circumstances of each individual case. For the above-mentioned acts within the meaning of Section 29 BtMG, the law provides for a sentencing range of up to 5 years imprisonment or a fine.
In especially serious cases (e.g., commercial trafficking), the prison sentence is not less than one year; a fine is then excluded. The same applies to acts involving significant quantities or distribution to minors (Section 29a BtMG). Anyone who also acts as part of a gang or on a commercial basis must expect at least 2 years’ imprisonment (Section 30 BtMG).
Caution: It is a misconception to think that investigative authorities cannot track down a crime committed online. Even if the state sometimes appears inexperienced in dealing with the digital world, there are already special units in operation, particularly in the online environment. Many actions where suspects feel safe on the darknet can be tracked and reconstructed.
Is the quantity of drugs relevant for criminal liability?
In narcotics law, a distinction is made between small and significant quantities. The limits are defined both by legal requirements and by case law. These limits do not concern the quantity of the substance itself, but the active ingredient contained within it.
The fact is: both possession and trafficking of small as well as significant quantities are punishable. However, the public prosecutor’s office has the option to refrain from prosecution in the case of small quantities and to order the dismissal of the proceedings. However, suspects do not have a right to a dismissal of the proceedings. Especially in the case of repeat offenders, a conviction can therefore occur despite small quantities.
How do suspects come to the attention of the police?
Not only streaming services, but also law enforcement authorities are now aware of the online distribution channels of the drug trade. This also means that there are more and more ways and means to prove criminal behavior by buyers.
Important in this context is the interception or seizure of mail or customs goods. Through monitored mailboxes or seized letters and parcels, the police can in many cases prove to whom a package with illegal content was addressed. Nevertheless, it should be noted that such matters also have points of contact with the secrecy of post and telecommunications.
Furthermore, a mere address or name on a letter or package is not necessarily sufficient proof of a crime committed. It is not proven that the package was addressed to the rightful recipient and intended to remain there. Many buyers try to hide their orders and may forward them to other addresses.
It becomes more difficult if certain customer data and order documentation are found during the search of the dealer’s premises. This not only allows the name and address of the package recipient to be found, but also proves exactly when and, under certain circumstances, by whom the order was placed.
Tips from a lawyer: How to behave correctly
In the event of an allegation of a criminal offense, suspects should definitely take the allegation seriously. Even at an early stage of the proceedings, evidence such as order records from a search of the seller or dealer is often already available. In this case, contact your defense attorney and seek advice as early as possible regarding the further course of action.
At the same time, you should not let an investigation against you unsettle you. Darknet access or a package with your address is not necessarily sufficient proof of a criminal act. Do not be pressured into making a statement to the police and remain silent until you have spoken to a criminal defense lawyer spoken to.
By making a statement during a police summons, you may incriminate yourself in case of doubt. Therefore, always exercise your right to remain silent and ask for a lawyer to support you in this matter and first request access to the case files.
In the event of suspicion of violations of the BtMG, searches often occur, not only at the dealers but also at the buyers. The following applies: ask to see the search warrant and behave cooperatively. However, under no circumstances should you actively assist in the search or hand over objects or data. Here, too, contact an experienced defense attorney as soon as possible.
Engaging a defense attorney early gives you the opportunity to develop a sensible defense strategy from the start and thus ensure that the proceedings are concluded in the best possible way for you.
Therefore, do not hesitate to contact us as defense attorneys at the first allegation against you. We will advise you comprehensively and represent you throughout the entire proceedings!
