Have you been charged with drug trafficking? In this article, we will explain in simple terms what drug trafficking is and what its prison sentences are.
International authorities pursue the crime of drug trafficking as one of the most serious crimes. Drug trafficking is regulated in articles 368 to 372 of the Spanish Penal Code which regulate drug trafficking and punish from its production, to its distribution and sale.
What is drug trafficking?
The crime of drug trafficking is an activity-based offense, which refers to the cultivation, production and sale of toxic drugs, narcotic and psychotropic substances. Furthermore, the Penal Code punishes any act that contributes to their commercialization or facilitates their consumption. Depending on the type of drug, the Penal Code punishes their cultivation or production. Examples:
- Cultivation: an industrial warehouse is discovered with more than 100,000 marijuana plants, equipped with lighting and irrigation systems. We presume that its purpose is for sale.
- Production: a laboratory is found with large amounts of chemical substances such as potassium permanganate, hydrogen peroxide, sulfuric acid or ethyl ketone. It is assumed they are intended
Penalties for drug trafficking in Spain
The Spanish Penal Code makes a distinction between the type of drugs seized when assessing their penalties. The type of drug seized will determine the penalty for drug trafficking.
For substances that do not cause serious harm to health, such as marijuana, hashish or cannabis. The Penal Code imposes a penalty of 1 to 3 years in prison, and a fine of double the market value of the confiscated drug on those who traffic in drugs.
On the other hand, if it involves drugs that do cause serious harm to health, such as heroin, cocaine, ecstasy, methadone, ketamine, MMDA or amphetamines. The sentences for drug trafficking will be 3 to 6 years in prison and a fine of triple the value of the seized drug.
The law considerably aggravates the penalties when authorities investigate people for drug trafficking and these belong to a criminal organization.
For the most dangerous drugs. C
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Have you been charged with drug trafficking and need an expert attorney in crimes against public health?
How is it proven that I have committed a drug trafficking crime?
Since drug trafficking is considered a mere activity offense, it is sufficient to have performed actions of sale or facilitation of consumption, without the need for the drug to have been effectively put into circulation.
In the case of long-distance shipments, the crime is considered completed even if the drug has not been delivered. This type of situation usually occurs in customs controls at airports, where drugs are detected in suitcases before they reach their destination.
The possible conviction for drug trafficking and its prison sentences will depend on the type of drug that has been found in the suitcase.
How can an attorney specialized in drug trafficking crimes help you?
The role of an attorney can be of great help for the legal defense in a drug trafficking crime case, who will help you in the following way:
- Personalized legal advice: Explains the defendant’s rights, possible legal consequences (such as provisional detention) and defense strategies to reduce the charges.
- Defense of your rights: Ensures that the investigation has been conducted in compliance with all legal guarantees, seeking to avoid imprisonment from the beginning.
- Analysis of the legality of evidence: Examines the investigation to identify irregularities, such as unauthori
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.