Approximation of the laws of the Member States (2)

1) OBJECTIVE

To more effectively coordinate and improve the European Union's strategy for combating illicit drug-trafficking and in particular to improve cooperation in criminal matters in this area.

2) ACT

Council Resolution 97/C 10/02 of 20 December 1996 on sentencing for serious drug-trafficking [Official Journal C 10 of 11.1.1997].

3) SUMMARY

Member States will ensure that their national laws provide for the possibility of custodial sentences for serious illicit trafficking in drugs that are within the range of the most severe custodial penalties imposed by their respective criminal law for crimes of comparable gravity.

The factors which might be taken into account regarding custodial penalties that might be applicable in relation to serious drug-trafficking could include, among other factors:

• the extent of the trafficking,
• the extent to which the person concerned has profited from the illicit traffic,
• the involvement in the offence of an organised criminal group to which the offender belongs,
• the extent to which the offender has control of the drug-trafficking organisation,
• the victimisation or use of minors.

Last updated: 07.10.2005