Article 368 of the civil code is the one that will regulate the crimes drug trafficking in Spain. It is considered a crime against health before the entire process that relates the traffic of drugs.
The law considers the elaboration the cultivation, the traffic and even the facilitation of consumption illegal of these substances psychotropic. The penal code also considers the possession of certain quantities of drugs as an object of sanction.
The peculiarity that the ordering law of Spain is that it does not penalize the consumption itself of the substances.
Drug trafficking offenses under Spanish law
The drug trafficking offenses are part of the crimes that threaten health public in Spain. The goal of the penalty is to avoid the injury produced by these substances psychotropic on the health of citizens.
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Under these circumstances the punishment and the penalty will depend on risk that runs to health with consumption. It can vary in prison sentence from three to six years and a fine for three times the value of the drug.
When you are substances do not pose serious damage the penalty of prison It will be from one to three years. The fine will be double the price of the substance psychotropic.
The prohibition and sanction of equipment that is used to commit the crimes of drug trafficking. Article 371 sanctions the possession of these materials and substances.
Attenuation or aggravation of the sentence in the crime of drug trafficking
In the penal code there are certain circumstances that determine the sentence of the case. This can attenuate or aggravate in view of the provisions of article 368 in your specifications.
The penalty is lessened when the drug trafficking offenses stipulate substances that do not cause a serious damage. In these cases, a lower penalty is imposed when considering the personal situation of the guilty.
There are certain circumstances that aggravate the penalty of the drug trafficking offenses. What is considered the imposition of a grief in a superior degree and a fine up to four times.
In these cases aggravated it is considered when the culprit is an authority, public official or a practicing teacher. It is included when participating in activities organized that facilitate the crime.
When criminal acts occur in establishments public by the responsible or employees. If the substances are provided to minors of 18 years is punished in an aggravated manner.
This same case will be repeated if the substances to disabled people or who have treatment of rehabilitation. The laws in Spain establish that the amount that is possessed will be of extreme importance.
If the substances are adulterated to increase health damage will be an aggravated penalty. This situation involves behaviors that have been carried out in centers teachers and soldiers.
If during this whole process the guilty employs violence or the use of weapons, the penalty will be greater. In this circumstance it is possible aggravate worth 1 or 2 degrees more.
When used minors of age, people with disability or in extremely serious situations. In case they are the administrators of the establishments public.
Drug trafficking offenses by criminal organizations
He code penal performs a particular function in the case of drug trafficking committed by criminal organizations. He aggravated He will have a penalty of 9 to 12 years in jail.
The fine will be in total quadruple of the substance that causes damage to health. In case the severity of the health is a minor, they are stipulated from 4 years to 10 years in prison.
If the person responsible for the drug trafficking offenses is a legal person will have a different fine.
It will be applied from 2 to 5 years in the jail and up to triple the value of the drug. This will depend on whether the natural person exceeds 5 years in prison.
It is also possible application from 1 to 3 years with double the fine. Only if the grief Sentenced in prison is 2 years.
Under these circumstances, the collaboration with justice in the crime of drug trafficking. What allows the reduction of 1 to 12 degrees depending on the penalty.
The requirements that apply are abandonment volunteer for these activities criminal. Always considering collaboration to prevent the production of substances or solve the case.
The administrative sanction stipulated for drug use
Between the drug trafficking offenses the Citizen Security Protection Law is evaluated. Being this element the one that sanctions the consumption of drugs in Spanish territory.
Article 36.16 sanctions as infringement use or possession of substances psychotropic. This administrative sanction does not stipulate the possession of drugs for trafficking.
The application of this law will be done in public places in addition to sanctioning the abandonment of the instruments. These elements will be used for the consumption of the substances psychotropic.
In the case of transport to people to provide them with substances will be penalized. The application of the trial will be made through criminal proceedings if the crime of the drug.
It is necessary to consider that otherwise the sanction will be carried out administrative. The detection of these drugs supposes the apprehension of the person to be registered in a police record.
In case you are accused by the tenure or the crime of drug trafficking should go to a lawyer. The sanction will be applied both via administrative as in criminal law.
The two aforementioned options are the ones that will determine the conduct of defense that the accused. If you are accused by administrative means, you must carry out the procedures of allegation to these resources.
If the process is carried out by a jurisdiction criminal charges can be made for the drug trafficking offenses.