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Białystok. He had over 40 kilograms of marijuana in his hiding place on the bus. The court increased his sentence

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The accused in the first instance received four years and seven months in prison. Now the Court of Appeal in Białystok has increased the penalty to six years and one month. The 38-year-old was responsible for smuggling 40 kilograms of marijuana from Spain to Poland. The court found that the amount of drugs was “enormous”. The judgment is final.

The first-instance court heard this case in April. The defendant was sentenced to four years and seven months in prison. Additionally, the court ordered PLN 40,000. PLN fine.

The prosecutor's office demanded 10 years in prison and PLN 60,000. PLN fine and repeated this request in the appeal. The defense wanted acquittal, or possibly annulment of the verdict and return of the case to the first instance.

The court increased the 38-year-old's sentenceTVN24

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They were hidden in a hiding place under the ceiling

A 38-year-old man was accused of smuggling, who went abroad in a borrowed bus to ride a motocross motorcycle across the country. Spain. The bus returned to Poland on a trailer. Drugs were transported in a special hiding place under the vehicle's ceiling.

According to the indictment of the District Prosecutor's Office in Białystok, in October 2021, the accused took part – together with other unidentified persons – in organizing and transporting over 40 kg of marijuana from Spain to Poland. Investigators also accused him of forging a consignment note (he signed it for the owner) needed to transport the bus from Spain to the country and pick up the car.

The carrier's employees became suspicious

The Białystok police were notified by a transport company that had been commissioned to transport the car on a trailer. The carrier's employees became suspicious that it might contain drugs. The arrest took place in central Poland when the accused was picking up the bus at an agreed place at a gas station.

Neither during the investigation nor in court did the accused plead guilty. He assured that he did not know that the vehicle contained a large shipment of marijuana.

However, the District Court in Białystok had no doubt that the accused took part in drug smuggling from Spain. He was illegally sentenced to four years and six months in prison. The total penalty, which was one month higher, also included forging the signature on the consignment note. The court also ordered 40,000 PLN fine.

Increased penalty for purchasing drugs in the European Union

The appellate court found that the accused “organized and implemented” the purchase of the so-called intra-Community (within the European Union) drugs and increased his penalty for it.

SEE ALSO: A prosecutor will stand trial for giving a woman a marijuana cake

Judge Jerzy Szczurewski said, referring to the defense attorney's appeal, that he “finds” minor procedural shortcomings and “raising them to the rank of appeal allegations, requests the disqualification of the evidence.”

– Meanwhile, these are either very minor errors or shortcomings that do not affect the content of the judgment – said the judge.

Direct evidence – DNA of the accused

It was about, among other things, for the disqualification of evidence from the accused's DNA, which was discovered on the bags in which the drugs were packed. The court emphasized that this was direct evidence confirming that the accused took part in loading drugs into the hiding places. He also pointed out that it was thanks to the attitude of the owner of the transport company that the police responded.

When increasing the penalty, the appellate court assessed that although the man had no previous convictions, the quantity of drugs was “enormous” and in this respect it partially accepted the prosecutor's appeal.

Main photo source: TVN24



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