Database of Legislation

Drug offences
  • Offences

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

UNTOC Articles

  • Organized Crime Convention

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

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 11:

    1. Any person who infringes the provisions of Articles 2, 3 (1)A., B. and D. and 4 (1)A. shall be punished by imprisonment for life or temporarily for a maximum of twenty years and a fine of a maximum of five hundred million Guilders, if he has committed the offence
    deliberately.

    2. Any person who infringes the provisions referred to in paragraph 1 shall be punished by imprisonment for a maximum of nine years and a fine of a maximum of ten million Guilders if he has committed the offence other than deliberately.

    3. Any person who infringes the provisions of Article 3 (1)C., 4 (1)B., C or D, or 5, or the
    rules imposed by Article 3 (4) or Article 4 (3), or fails to comply with the conditions or
    requirements of a consent or statutory exemption referred to in Articles 6, 7 and 8, or those imposed on the revocation of such consent, shall be punished by imprisonment for a maximum of thirteen years and a fine of a maximum of two hundred million Guilders if he has committed the offence deliberately.

    4. Any person who infringes the provisions of Article 3 (1)C., 4 (1)B., C. or D, or 5, or the
    rules imposed by Article 3 (4) or Article 4 (3), or fails to comply with the conditions or
    requirements of a consent or statutory exemption referred to in Articles 6, 7 and 8, or those imposed on the revocation of such consent, shall be punished by imprisonment for a maximum of seven years and a fine of a maximum of five million Guilders if he has
    committed the offence other than deliberately.

    Article 12:

    1. Any person who in order to prepare for or promote an offence referred to Article 11 (1):

    i. tries to persuade another person to commit the offence, to have it committed, to help
    to commit it or to entice its commission, in order to assist therewith or to procure the
    opportunity, resources or information in this connection;

    ii. attempts to provide an opportunity, resources or information towards committing the
    offence for himself or for another;

    iii. possesses articles, means of transport, materials, moneys or other means of payment
    intended for the committing of the offence;

    shall be punished by imprisonment for a maximum of eleven years and a fine of a maximum of ten million Guilders.

    2. Conspiracy to commit an offence referred to in Article 11 (1) shall be subject to the same penalties if it is followed by action towards preparing for its commission.