The crime of drug trafficking occurs when toxic drugs, psychotropic substances and narcotics are cultivated, processed or traded.
In the Penal Code, this breach of the law is considered a crime against public health and is committed with different types of substances. It should be noted that the sole possession for self-consumption is not considered a crime.
What is the crime of drug trafficking in the Spanish Penal Code?
The crime of drug trafficking is described in articles 368 and 377 of the Penal Code. It is considered malicious, because it is committed with the intention of drug trafficking.
According to article 368, this crime is committed when drugs are produced, cultivated, trafficked or when the illegal consumption of psychotropic substances, toxic drugs or narcotics is facilitated or favored.
What is aggravated drug trafficking crime?
The crime of aggravated drug trafficking is established in 369 of the Penal Code, giving several possible situations:
• The crime is committed by workers in establishments open to the public.
• The perpetrator of the crime is a teacher, a public official, a doctor, an authority or a social worker, within the scope of his functions. The law tries to punish those who, using the powers or the respect that their profession instills, can increase their criminal activity.
• Another possibility is when the drug is given to people under 18 years of age or to people with mental disabilities, or who are undergoing detoxification treatment (commonly known as detoxification).
When is the crime against public health committed?
Article 368 of the Criminal Code establishes that the crime against public health illicit drug trafficking is committed when one of the following options occurs. Or the manufacture, transport, trade or distribution of products or substances. Or on the contrary, a person who is dedicated to the cultivation, trafficking or production of toxic drugs, psychotropic substances, narcotics.
What is the penalty for a Drug Trafficking Crime?
The sentence that is graduated depending on the damage caused to public health as established by the high court. As you can see in this example:
People who prepare, promote, manufacture, cultivate, facilitate, traffic or help with the illegal consumption of any type of substance will be sentenced to prison from three to six years and a fine of three times the value of the drug.
If drug trafficking is carried out with a substance that causes serious damage to health, it is punished with a prison sentence of one to three years plus a fine of twice the value of the drug.
When do you commit a crime against public health?
Many of us have gone to a party and seen an acquaintance with a few marijuana cigarettes (joints or joints). We must not forget that the fact that he is our friend does not imply that selling us a joint does not make him precisely a person who commits a crime against public health. You should know that selling any type of substance, cigarettes, pills, heroin is prohibited by law and can land you in jail.
If you find yourself in a complicated situation related to substances, Audacia Abogados can help you. Call us.