Detention and jail in spain, drug crime lawyer

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Detention and jail in spain, drug crime lawyer

The crime of drug trafficking consists not only of an isolated act of transmission of substances, but also of its transportation and possession, which even without involving its transmission, supposes an amount that considerably exceeds the needs of personal consumption. The Criminal Code regulates this offense in its article 368 et seq., Pursuing a model of criminalization as broad as possible, compared to the laxity of other regulations which do not typify the possession of drugs.

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In order to appreciate this crime, it will be necessary for the perpetrator of the crime to execute one of the following actions;

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Favor, elaborate, traffic, facilitate, or in any other way promote.

The illegal consumption of toxic drugs, narcotics or psychotropic substances.

Penalty

Prison from three months to six years.

Fine of three times the value of the drug that is the object of the crime.

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Aggravating factors

When any of the following circumstances occurs, the penalty shall be the highest in degree and the fine shall be four times the value of the drug subject to the crime;

The culprit was the authority, public official, doctor, social worker, teacher or educator and acting in the exercise of his office.

Participate in other organized activities or whose execution is facilitated by the commission of the crime.

That the facts were carried out in establishments open to the public by its employees.

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That the substances are provided to children under 18 years of age, to mentally handicapped persons or to persons undergoing treatment for detoxification or rehabilitation.

That the quantity of the mentioned substances was of notorious importance.

Mediating, adulteration or manipulation increases the damage of the substances to health.

If these circumstances take place in teaching centers, in centers, establishments or military units, penitentiary establishments or centers of detoxification or rehabilitation and their vicinity.

There is a use of violence or exhibition or use of weapons.

If any of these acts is committed by members of a criminal organization, a prison term of nine to twelve years and a fine of four times the value of the drug that causes serious damage to health will be imposed. And imprisonment of four years and six months to ten years, in those cases that do not result in a drug of serious damage to health.

The superiors in degree with respect to the previous ones will be imposed on the heads, managers or administrators of the organization.

A higher penalty will be imposed in one or two grades when any of the following circumstances occur;

Children under 18 years of age or mentally handicapped persons are used to commit the crime.

Be it heads, managers or managers of organizations.

When the behavior was extremely serious. In order to appreciate this extreme seriousness, the criterion of notorious importance, or the means for committing the offense, is used (for example, ships, boats or aircraft), or an international trade operation is falsified, or international networks are dedicated to this type of activities.

If any of these two circumstances concur, a fine of three times the value of the drug subject to the crime will also be imposed.

Drug Trafficking in Legal Entities

When a legal entity is responsible for the commission of these crimes, the penalties imposed will be.

In the event that the offense if committed by a natural person, it would have a prison sentence of more than five years.

Fine of two to five years, or triple to five times the value of the drug depending on the amount of drug.

In the event that the offense if committed by a natural person had a prison sentence of more than two years and less than five.

Fine of one to three years, or double to four times the value of the drug depending on the amount of drug.

The crime of drug trafficking is understood to constitute an abstract danger, the mere possession of the substances in question and the attempt to bring them closer to the consumer, will be ascribed to one of the verbs used in article 386 of the Criminal Code, such like "promote", "facilitate", or "favor". That is why, according to Supreme Court Judgment number 399/2015, it establishes that there would be no attempt to commit the offense.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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