Summary penalty orders and documents 2020

Questioning form KaPo Zurich because of import

Customs not only confiscates hemp seeds, also hash ordered abroad or as in this case weed get caught there. Even if it is only a small amount (up to 10 grams), the ordering person is still questioned. After all, only questioned in writing and not summoned. But a minor amount of cannabis is exempt from punishment, isn't it? Yes, but only if it is for personal consumption. Otherwise, possession is a misdemeanor (with a criminal record entry)! Only if it becomes clear that the ordered cannabis should have been used for personal consumption, this import remains unpunished. Past consumption should not be confessed (this only brings the traffic office on the plan).

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Form for the small amount of cannabis from Ticino

This is the first police form that we know of that is entirely dedicated to the topic of “possession of cannabis up to 10 grams without penalty.”

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summary penalty orders due to imports of hemp seeds

The hemp seed prosecution is still running and we have many inquiries because of it. Here are three examples of penalties for hemp seed imports. The first two represent the lower range of the penalty level (200 and 250 francs incl. fees). The upper range is around 1'000 francs.

The third example is special. Here, the first intercepted delivery and the second replacement delivery of the hemp seed dealer were counted as two independent transgressions and so this resulted in a standard fine of the municipal judge's office of the city of Zurich, as if it were the second transgression fine (200 fine plus 250 fees, so 450 francs). This problem, that the first delivery was intercepted and then on demand the dealers sent off a second delivery, which was also intercepted, existed and exists again and again. However, they seem to be counted rather rarely as two independent transgressions. In fact, it is more a matter of one order.

summary penalty order hemp seeds City of Zurich

A standard bus of the Municipal Court of the City of Zurich:

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summary penalty order hemp seeds Bern-Mittelland

A relatively low fine from the public prosecutor of the Canton of Bern:

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summary penalty order hemp seeds City of Zurich (double)

Here is the double count of a hemp seed order by the municipal magistrate's office of the city of Zurich:

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Letters and questionnaires about hemp seeds

In the canton of Zurich, the cases of hemp seed imports are partly processed without summons, but with a short questionnaire. Special is here: Even in one police department there can be slightly different variants of documents, as these letters and questionnaires of the Zurich Cantonal Police show. Of course, the differences are to be found in the details (for example with “A-Post” and “A-Prioritaire”), but still astonishing for an authority.

The first variant

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The second variant

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A summons from Aargau

The questionnaires exist mainly in Zurich and Baselland. More widespread in the hemp seed import cases are still the police summonses. Here is an example from Aargau (in the form of a “second summons”; whoever does not follow the first summons due to vacation absence, for example, then receives such a second one).

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summary penalty order Gossau

This example shows how long it can take from contravention to summary penalty order (in this case, several years). Almost the violations would have become time-barred (they do after three years). The fine (250 francs) is within the usual range, the fees and costs are rather high, so that the invoice amount finally comes to 800 francs.

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Discontinuation order Basel-City

It was actually only a minor amount (unpunishable), but unfortunately the person concerned made a statement about his previous consumption (punishable). In Basel-Stadt, there is no fine for this, but even the discontinuation of such a case (minor case) comes to over 300 francs. In the files you can see very well how much information is collected by the police about such a minor incident.

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The cost statement from accounting

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The list of the seized material

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The receipt for securing

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The report of the police

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summary penalty order Altstätten

In this case, a statement by another defendant led to a presumption of aiding and abetting in the trade. Assisting in packing is also a misdemeanor, as is the trade itself. The summary penalty order is very detailed and clearly shows how the public prosecutor assessed this case in detail: as misdemeanor, which is punishable by 30 daily sentences (and is entered in the criminal record).

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summary penalty order Driving under drugs (Aargau, 2020)

Traces of THC in the blood are enough for a conviction. Here is a typical summary penalty order the first time. Again, it already costs over 3,000 francs, plus there is an entry in the criminal record.

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summary penalty order Driving under drugs (Bern, 2020)

Here it is a bit more favorable, but still: 2'500 francs. Decisive for the punishment was driving under drugs, which is a misdemeanor. Cultivation and possession for personal use, on the other hand, is a trifle (contravention).

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en/thc_recht/strafbefehle_2020.txt · Last modified: 2022/03/26 16:23 (external edit)
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