Speedy trial for crime against public health
Today we have the best criminal lawyers in Spain, which are precisely from Malaga, (although they work throughout the national territory), so that they can explain to us the reasons why, Malaga has become the city in Spain with the most speedy trial for crime against public health.
These criminal lawyers in Malaga, as drug trafficking lawyers They are going to clarify the keys to this type of procedures, as well as the crime itself and they are going to show us defense “tricks” so that the result of the lawsuit, in court, is as favorable as possible. Go ahead then.
Crime against public health
Firstly, mention that the crime against public health is included in the article 368 penal code. Also in the successive precepts, but let's say that the basic type is the one we mentioned before.
This article must be related to article 795 of the Criminal Procedure Law. The law of criminal procedure, (so that we understand each other), is the procedural law of criminal processes/trials. It is what sets the standard for the process. This article establishes what are the crimes whose processing allows it to be like speedy trial, in this case quick trial crime against public health.
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So that a trial for drug trafficking crime, can be processed as quick trial crime against public health, it is necessary that a series of procedural requirements be met, as established in article 795 of the criminal procedure law.
Without going into a detailed description of the requirements established by the provision, in principle and if it is a single crime, like the one we are discussing, the custodial sentence cannot exceed five years. In article 368 of the penal code, which establishes the sentence for the basic type of Crime against public health, the sentence established ranges from 1 to 4 years in prison.
The second requirement is that the criminal process be initiated by means of a police report. This means that it is the police themselves who, upon becoming aware of the perpetration of a crime, prepare a police file, which is reported to the judicial authority. Regardless of whether the police have either arrested the person responsible for the events, or on the contrary have summoned them.
Finally, it becomes necessary that this is a flagrant crime. This means that the police authority has been aware of the commission of the Crime against public health, practically at the same time that it was committed, making it impossible for it to be processed as quick trial crime against public health some events that have occurred in the past.
According to what is published in different media, the city of Malaga is being signified by the processing of a huge amount of quick trial crime against public health. It seems that the police activity of Malaga that is being carried out in different usual places where retail occurs, is causing the arrest of many people related to the crime against public health in Malaga.
The tricks referred to by the lawyers specializing in this crime, Javier and Manuel Rincon, are related to the detailed observance of the report that gives rise to the quick trial crime against public health, since on many occasions, as a result of the speed with which these procedures are processed, errors are made that can lead to an acquittal despite the crime having been committed. That is where the skill of a good criminal lawyer, these lawyers refer to us.