The Waiblingen District Court sentenced 37-year-old Toni M. to a 23-month suspended prison sentence for commercial trafficking of cocaine, medication, and doping agents. The conviction was part of a plea bargain (“Verständigung im Strafverfahren” / deal) after the defendant had confessed.
Charges and Sentence
Between 2017 and 2020, Toni M. had acquired cocaine in quantities of 200 grams each, as well as medications such as sildenafil and the doping agent testosterone enanthate, from a dealer in Hamburg. According to the public prosecutor’s office, the sheer quantity of cocaine would have warranted a prison sentence of at least 2.5 years. The sentencing range was limited to a maximum two-year suspended sentence through an agreement with the court.
Defense Strategy and Verdict
The defense, represented by attorney Mathias Brenner, argued that the evidence regarding the cocaine purchases was insufficient and questioned the basis for calculating the market value. Part of the strategy involved setting a lower purchase price for the drugs, which reduced the value compensation for the defendant. The public prosecutor’s office ultimately set the repayment amount at 22,005 euros, including 16,000 euros for the cocaine.
The court largely followed the public prosecutor’s demand and imposed a 23-month suspended prison sentence with a three-year probationary period. In addition, Toni M. was ordered to complete 200 hours of community service, which cannot be converted into a fine.
Assessment of the Decision
The conviction highlights the importance of plea bargaining in criminal proceedings and the defense strategy in serious drug offenses. Despite Toni M.’s prior convictions – including drug trafficking convictions in 2007 – the defense was able to prevent an unconditional prison sentence. The court also justified the imposed sentence by citing the financial burden of the repayments and court costs.
Click here for the article: https://www.zvw.de/lokales/waiblingen/kokain-und-dopingmittel-waiblinger-dealer-gesteht-gegen-straferleichterung_arid-704641
