Drug trafficking
More information– Elaboration or trade of dangerous chemical substances. Prison sentences range from 6 months to 3 years.
– Medicines simulation, elaboration or expedition, including those related to the doping of sportsmen. The penalties range from 6 months to 4 years imprisonment.
– Consumer substances manufacturing and trafficking. The penalties range from 1 to 6 years imprisonment.
– Drug trafficking. The courts in Spain will impose penalties depending on several circumstances: type of substance, existence of extenuating or aggravating circumstances and the manner in which the crime was committed. The penalties are as follows:
1. Substances that cause serious damage to health (cocaine, heroin, ecstasy, etc.)
|
Type of crime |
Prison sentence |
Fine penalty |
|
General without aggravating or extenuating circumstances |
From 3 to 6 years |
From three times the value of the drug |
|
With the application of a mitigating factor (due to the smallness of the act or other mitigating factors) |
From 1 year and a half to 3 years |
From one half of the value of the drug to its value |
|
With the application of an aggravating circumstance (large quantities, adulterated or mixed substances, sale in schools, sale to minors, etc.) |
From 6 to 9 years |
From the value of the drug up to four times its value |
|
Within a criminal organization (participants) |
From 9 to 12 years |
From the value of the drug to four times its value |
|
Within a criminal organization (the chiefs, managers and administrators) |
From 12 to 18 years |
From four times the value of the drug to six times the value of the drug |
2. Substances that do not cause serious damage to health (cannabis, etc.)
|
Type of crime |
Prison sentence |
Fine penalty |
|
General without aggravating or extenuating circumstances |
From 1 to 3 years |
From the value of the drug to double |
|
With the application of a mitigating factor (due to the smallness of the act or other mitigating factors) |
Six months to one year imprisonment |
From half the value of the drug to its value |
|
With the application of an aggravating circumstance (large quantities, adulterated or mixed substances, sale in schools, sale to minors, etc.) |
From 3 to 4 and a half years |
From the value of the drug to four times its value |
|
Within a criminal organization (participants) |
From 4 and a half to 10 years |
From the value of the drug to four times its value |
|
Within a criminal organization (the chiefs, managers and administrators) |
From 10 to 15 years |
From four times the value of the drug to six times the value of the drug |
It will be your specialised criminal lawyer in Spain who defend that the crime deserves the lowest possible penalty.
- Possibility of a reduced sentence
1.1. Scarce entity of the facts
Lawyers in Spain may exceptionally negotiate a reduction of the sentence for all types of drug offenses due to the limited nature of the facts or the personal circumstances of the subject. This reduction of the sentence will not occur in cases of extreme gravity in which the accused belongs to a criminal organization.
This mitigating factor can be applied in cases of sale of few doses for consumption. It is also applied taking into account the circumstances of the subject, if he/she is not a recidivist, if he/she has another way of life outside the world of trafficking, etc.
There is also a mitigating factor in cases where the subject is addicted to narcotic substances at the time of committing the crime of drug trafficking and is undergoing treatment or has successfully completed it. It is essential in this regard that you talk to your lawyer about the necessary documentation.
1.2. Active Repentance
Spanish judges can also reduce the sentence in case of repentance of the accused, provided that the following requirements are met:
– Voluntary abandonment of the criminal activity by the subject.
– Active collaboration with one of the three foreseen purposes: to prevent the production of the crime, to obtain decisive evidence for the identification or capture of other perpetrators or to prevent the action or development of the organizations or associations to which he/she has belonged or collaborated.
- Increase of penalty possibilities
2.1. Authority, public official, educator or other professionals
In case the crime is committed by deputies, public officials, notaries, registrars, interim staff, assistants, substitutes, inspectors and workers in the educational field whether they are monitors, volunteers, etc.
2.2. Acts carried out in establishments open to the public by those in charge or employees
The reason for this aggravating circumstance would be the will to protect the clients of establishments legally open to the public such as bars, discotheques and pubs, who use their legal cover to carry out illicit activities.
In principle, it is required that in order to apply the aggravating circumstance, the offence must be committed during opening hours to the public. Art. 369.3 of the Spanish Penal Code.
2.3. Supply of substances to minors, mentally handicapped persons or persons undergoing rehabilitation treatment
The aggravating circumstance is justified by the greater vulnerability of these groups, which deserves greater protection. Art. 369.4 of the Penal Code.
2.4. Amounts considered to be of notorious importance
What are the quantities considered to be of notorious importance for the application of the aggravating circumstance?
|
Substance |
Aggravated quantity |
|
Marihuana |
10 kg |
|
Chocolate |
2,5 kg |
|
Hachís |
300 gr |
|
Cocaína |
750 gr
|
|
Heroína |
300 gr |
|
Morfifna |
1.000 gr |
|
Anfetamina |
90 gr |
|
Fenproporex |
30 gr |
|
Metanfetamina |
30 gr |
|
Alprazolam |
5 gr |
|
Lorazepam |
7,5 gr |
|
Triazolam |
1,5 gr |
|
MDMA |
240 gr |
|
MDA |
240 gr |
Art. 369.5 of the Criminal Code
It should be noted that this table shows the degree of purity of the substance, not the total amount seized, so the percentage that is not a psychotropic substance must be subtracted from the total amount seized. Our solicitors will analyse these details.
In addition, a margin of error of 5% is applied to the laboratory analysis. Our lawyers will verify that the analysis has been done properly.
2.5. Substances adulterated, manipulated or mixed with each other
The reason for this aggravating circumstance is that it increases the damage to health. We refer to cases of adulteration, manipulation, mixture, etc. Art. 369.6 of the Penal Code.
2.6. Conduct carried out in educational centers, military or penitentiary establishments or rehabilitation centers.
Schools have a special protection, as they are especially vulnerable groups and are protected both in the center and its surroundings. Art. 369.7 of the Penal Code.
2.7. Use of violence, exhibition or use of weapons to commit the act.
Violence also includes intimidation, in cases where the crime is committed by coercive and coercive means of a moral nature. Art. 369.8 of the Penal Code.
2.8. Belonging to illicit organizations
The penalties foreseen for drug trafficking are considerably increased when the crime is committed within the framework of an illicit organization according to Art. 369 of the Penal Code.
To be a criminal organization there are several requirements: it must be a group formed by more than two persons on a stable basis or for an indefinite period of time, which in a concerted and coordinated manner distributes various tasks or functions in order to commit crimes. It is defined in art. 570 of the Penal Code.
2.9. Extreme seriousness
There are cases in which the aggravation of notorious importance is notably exceeded, in which boats, ships or aircrafts are used as means of transportation, international trade operations are simulated, etc. and in these cases the penalties can still be increased to over 18 years of imprisonment.
- Consumption
Possessing narcotic substances for personal or shared consumption is not a crime. In other words, it is the production and trafficking of narcotics that are prohibited activities. The Organic Law 4/2015 on the Protection of Citizen Security establishes administrative sanctions of a serious or very serious nature with fines of €601 up to €30,000 for:
– Consuming or possessing illegal substances in places, establishments or public roads. When the offenders are minors, the penalties may be revoked provided that they undergo drug treatment.
– Transporting persons so that they may consume narcotic substances.
– Cultivating plantations in places visible to the public.
Our criminal lawyers have extensive experience in drug crimes, consult us about your case, we will solve your doubts and we will suggest the best strategy to follow.
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