Database of Legislation

Drug offences
  • Offences

    • • Offering/ offering for sale/ sale/ brokerage
      • Distribution/ delivery/ dispatch/ transport
      • Importation/ exportation
      • Purchase/ possession
      • Cultivation/ production/ manufacture

UNTOC Articles

  • Organized Crime Convention

  • Article 11: Prosecution, adjudication and sanctions
  • Article 12: Confiscation and seizure
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol


    Original Text

    Article 75:

    (1) The proceeds gained from any criminal act, or a sum equivalent thereto, may, either wholly or in part, be confiscated. Where there is no means of establishing the size of such an amount, a sum thought to be equivalent to the proceeds gained may be confiscated.

    (2) The following objects may also be confiscated where this must be regarded as necessary in order to prevent further offences, or where additional special circumstances make further offences likely:
       (1) Objects which have been used, or were intended to be used, in a criminal act;
       (2) Objects produced by a criminal act; and
       (3) Objects with respect to which a criminal act has otherwise been committed.

    (3) In place of confiscation of the objects referred to in subsection (2) above, a sum may instead be confiscated which is equivalent to their value or a part thereof.

    (4) In place of confiscation under subsection (2) above, arrangements concerning the objects may instead be decided upon for the purpose of preventing further offences.

    (5) When an association is dissolved by judgement, its capital, documents, protocols etc. may be confiscated.

    Article 191:

    (1) Any person who, in contravention of the legislation on euphoriant drugs, supplies such drugs to a considerable number of persons, or in return for a large payment, or in any other particularly aggravating circumstances, shall be liable to imprisonment for any term not exceeding 6 years. If the supply relates to a considerable quantity of a particularly dangerous or harmful drug, or if the transfer of such a drug has otherwise been of a particularly dangerous character, the penalty may be increased to imprisonment for any term not exceeding 10 years.

    (2) Similar punishment shall apply to any person who, in contravention of the legislation on euphoriant drugs, imports, exports, buys, distributes, receives, produces, manufactures or possesses such drugs with intention to supply them as mentioned in subsection (1) above.


    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Proceeds of crime derived from offences covered by the Convention
          • Property, equipment or other instrumentalities
          • Proceeds of crime transformed or converted into other property