An organized group has the following Proving an organized characteristics:
A prior conspiracy between its participants.
Distribution of roles (organizer! performer! facilitator).
A clear plan and stability of activities.
Evidence includes:
Recordings of negotiations that show coordination of the participants’ actions.
Testimony of individuals confirming the existence of the group.
Facts of repetition of actions! indicating the continuity of criminal Proving an organized activity.
The role of covert investigative actions
A large role in the investigation is play by covert investigative (search) actions (CIAs)! provid for in Article 246 of the Criminal Procedure Code of Ukraine. These may include:
Controlled purchasing.
Video and audio recording.
Monitoring telephone conversations.
Important: data obtained during the NSRD must be obtained in activities that support seo success accordance with the law! otherwise it may be considered Proving an organized inadmissible evidence.
Typical errors in proof
Failure to prove the purpose of sale: If drugs are seized in large quantities! but there is no evidence of intent to sell! the court may reclassify the act as possession without the purpose of sale (Part 1 or Part 2 of Article 309 of the Criminal Code of Ukraine).
Lack of evidence of an organized group
It is necessary to clearly prove the existence of conspiracy! structure and roles. Without these elements! the qualification under Part 3 of Article 307 of the Criminal Code of Ukraine will be incorrect.
Violation of the NSRD procedure: Failure to follow the track your email performance with procedure for conducting an operational procurement or hearing may result in the recognition of evidence as inadmissible.
Jurisprudence
Case law indicates that courts carefully review both the relevance and admissibility of evidence. For example! Supreme Court decisions indicate that the purpose of sale must be confirmed by specific actions of the person aimed at transferring narcotics.
Can the large amount of seized drugs or their packaging be considered an intent to sell? At first glance! this seems obvious. But when you delve into the intricacies of criminal law! you suddenly realize that the truth is always hidden european union email list behind a multitude of details. The recent decision of the Criminal Court of Cassation in a case related to illegal drug trafficking once again reminds us of how important it is to separate fact from assumption.
