What is Notable Importance in Drug Trafficking Crimes?

In Spanish criminal law, the concept of «notorious importance» is a cornerstone in determining the severity of a drug trafficking offense. This is not a rhetorical or abstract expression, but rather a technical category with direct legal effects on sentencing, the possibility of applying aggravating circumstances, and criminal defense strategy.

The Spanish Criminal Code punishes with particular harshness those crimes against public health in which the quantity of seized narcotic substances exceeds certain thresholds, representing a greater risk to public health. This quantity, legally termed «of notorious importance,» acts as an autonomous aggravating factor, substantially increasing the imposed sentence.

What is «notorious importance»?

The concept was defined jurisprudentially in the Agreement of the Non-Jurisdictional Plenary of the Second Chamber of the Supreme Court of October 19, 2001. According to this agreement, notorious importance is considered to exist when the seized drug equals five hundred doses of average daily consumption of a habitual addict. This figure is calculated for each specific substance based on reports from the National Institute of Toxicology and is used as a technical standard throughout Spanish criminal jurisdiction.

Where is notorious importance in drug trafficking regulated?

What are the consequences of exceeding the notorious importance quantity in drug trafficking offenses?

Exceeding the established thresholds of notorious importance means that the offense is no longer considered within the basic type regulated in article 368 of the Criminal Code, but is punished according to the aggravated type in article 369. The differences are notable and directly affect the prison sentence, the amount of the fine, and the possibility of applying mitigating circumstances or accessing prison benefits.

What are the penalties for drug trafficking?

The offense of drug trafficking is punished according to the type of seized drug.

• If the seized drug causes serious harm to health: sentence of 3 to 6 years imprisonment and a fine of one to three (or up to four) times the value of the drug.
• If it does not cause serious harm to health: imprisonment of 1 to 3 years and a fine of one to two (or up to three) times the value of the drug.

What are the penalties for drug trafficking offenses with notorious importance?

When it is proven that the seized quantity exceeds the aforementioned limits, the aggravated subtype applies:

• Drugs that cause serious harm to health (such as heroin or cocaine): sentence of 6 to 9 years imprisonment.
• Drugs that do not cause serious harm (such as cannabis): sentence of 3 to 4 years and 6 months.
• In both cases, a fine equal to

How does notorious importance affect suspension of sentence execution?

When a prison sentence is imposed for drug trafficking with notorious importance, the possibility of requesting suspension of sentence execution is limited. Being an aggravated type with sentences that usually exceed two years of imprisonment, access to suspension under article 80 of the Criminal Code becomes more restrictive. Only in exceptional cases, such as cooperation with justice or accredited detoxification treatments, can suspension be considered, and always under very strict conditions.

Relationship between notorious importance and membership in criminal organization

Notorious importance may concur with other aggravating circumstances, such as membership in a criminal organization (article 369 bis CP). In these cases, sentences are considerably increased:

• 9 to 12 years imprisonment if the substance causes serious harm to health.

• 4 years and 6 months to 10 years if it does not.

If the accused holds a leadership or management role within the criminal structure.