Drug crime Spain. Criminal lawyer Marbella
Among the different crimes that exist in our spanish Criminal Code, are those classified as crimes against public health, although they are usually known as drug offenses. They are not limited to consumption, but also include more behaviors related to these substances: perform acts of cultivation, processing or trafficking, etc.
The penalties for this type of crime will depend on the type of substance with which the crime was committed:
- If we are dealing with substances that cause serious damage to health (hard drugs), the penalty is imprisonment of three to six years and a fine of three times the value of the drug subject to the crime.
- In all other cases (soft drugs) there is a prison term of one to three years and a double fine.
To this we must add the aggravating circumstances, which are circumstances that in criminal law increase the amount of the penalty. Some aggravating factors that may occur in these cases are the following:
- If the facts are carried out in establishments open to the public by those responsible or employees thereof;
- If the substances are provided to minors;
- If the amount intervened is of notorious importance;
An amount is considered of 'notorious importance' based on a few Bartas published by the Judiciary, based on the considerations of the National Institute of Toxicology.
It is crucial that if we have been arrested for a crime of this type we seek professional help through a criminal lawyer, as the penalties can be high. Among the legal defense strategies that we can offer in these cases are some of a procedural nature (such as alleging that the detention has been illegal) and others of a criminal nature, such as that the substance intervened can not be considered as a drug.
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