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Despite the fact that the article establishes a series of minimum and maximum penalties, penalties may be imposed in a lower degree if the fact is considered to be of minor importance.

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With respect to the crime of drug trafficking, two types of modalities are established: basic, and aggravated.

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The basic includes a broad set of different behaviors that include trafficking, manufacturing, facilitation and possession of drugs with the aim of selling.

The penalties for the crime of drug trafficking, in its basic form, may vary taking into account whether the substance involved in the crime can cause serious harm to health or not. In the first case, the penalties will range between 3 and 6 years in prison plus a fine proportional to the value of the seized drug. In the case of substances that do not seriously harm health, the prison sentence ranges from one to three years in prison plus a proportional fine.

The aggravated modality of the crime of drug trafficking is one in which there are also a series of circumstances considered as aggravating by legislation:

Aggravating the penalties for drug trafficking

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When any of these circumstances occur, we would be talking about aggravating factors:

1st. The culprit was an authority, public official, doctor, social worker, teacher or educator and work in the exercise of his position, profession or trade.

2. The guilty party will participate in other organized activities or whose execution is facilitated by the commission of the crime.

3. The facts were carried out in establishments open to the public by those responsible or employees thereof.

4. The substances referred to in the previous article are provided to persons under 18 years of age, to mentally handicapped persons or to persons undergoing treatment for detoxification or rehabilitation.

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5. The quantity of the aforementioned substances subject to the conduct referred to in the previous article is of notorious importance.

If the existence of one or more of these aggravating circumstances is proven, the penalties imposed will be those superior to those indicated in the Penal Code. As for the fine, this will be fourfold.

Being involved in a crime of drug trafficking can lead to serious consequences, which is necessary to have an experienced criminal lawyer to provide the best defense of the case.

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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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