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Drug Trafficking
PROTEGELES is also working to tackle Internet contents on drug trafficking, drug manufacturing et cetera. Actually, PROTEGELES regularly receives reports on webpages hosting this kind of content through our Reporting Illegal Content Hotline. These complaints are dealt with in the same way as the ones on any other kind of illegal contents.
Some legal aspect on drug traffing
SPANISH CRIMINAL CODE
The Spanish Criminal Code (Código Penal, Capítulo III, Título XVII del Libro Segundo) amended by Ley Orgánica 10/1995 (in Spain, an Organic Law governs fundamental constitutional rights and its enacting requires a super-majority in the Parliament) defines and regulates crimes against public health, which include: toxic, narcotic or psychotropic substances culture, manufacturing and dealing as well as any other activity (including possession) that may foster, promote or facilitate the consumption by a third party of such substances.
The law differentiates between hard drugs and mild drugs, therefore the respective punishment will be different. Crimes related to the former are liable to an up-to-20-year-term prison penalty and the latter to an up-to-6-year-and-9-months-term prison penalty. Both cases are liable to a fine of up to six times the final value of the concerned substances. .
Spanish Criminal Code, Article 368 reads as follows:
“Those growing, manufacturing or dealing with toxic, narcotic or psychotropic substances or fostering, promoting or facilitating in any way its consumption by a third party or possess them for any of the above mentioned purposes will be punished with a 3 to 9-year term prison penalty and a fine of three times the final value of the substances related to the criminal activity when such substances have been classified as “hard drugs” and with a 1 to 3-year term prison penalty and a fine to up twice the value of the substances when classified as “mild drug”.
The Spanish Criminal Code, Article 369, defines the aggravating circumstances for crimes related to drug culture, manufacturing and dealing. If aggravating circumstances are proven, then the prison penalty awarded to the offence will be increased in regard to its corresponding punishment as established in Article 368, being then the maximum penalty 13-year term prison and a fine of four times the final value of the substances.
Aggravating circumstances are as follows:
- 1. Providing toxic, narcotic or psychotropic substances to children under 18 years of age or mentally handicapped people, as well as delivering such substances in educational, military, penitentiary or medical-care centres.
- 2. When the criminal act has been performed in a public institution by people working or managing it.
- 3. When the quantity of toxic, narcotic and psychotropic substances related to the criminal act is remarkably large.
- 4. Providing toxic, narcotic and psychotropic substances to people under a treatment for drug dependency or in a rehabilitation programme.
- 5. Adulterating, mixing or manipulating toxic substances as to make them more harmful.
- 6. When the guilty person or persons belong to an organisation or association, even if it was an interim relationship, which object is or has been to distribute and deliver the above mentioned substances.
- 7. When the criminal is participating in any other organised criminal activities or his or her drug-related criminal act has facilitated them in any way.
- 8. When the guilty person is a public authority, civil servant, social worker or educator and took advantage of his or her professional position in order to commit the offence.
- 9. Using under 16 year-olds to commit the crime.
As stated in Article 370 of the Spanish Criminal Code, the maximum prison penalty for criminal acts related to the manufacturing and trading of drugs may reach to a 20-year term prison penalty (the maximum ever established on the Spanish Criminal Code) and a fine of up to six times the final value of the involved substances, when the criminal act brings out very serious consequences or the criminal belongs to the managing personnel of the organisations or associations mentioned in point 6 of Article 369. in this case, and in case the criminal belongs to any association described in point 2, the following measures may be put into practice:
- a) Dissolution of the organisation or association and/or definitive closing up of its premises.
- b) Interruption of the organisation or association activities or closing up of its premises for a perido up to five years.
- c) Banning on the organisation and association’s activities and businesses that concealed or hid the criminal act for a period up to five years.
The Spanish Criminal Code, Article 371, punishes the acquisition or transfer of goods and property when is proven that they derive from a crime related to drug-trafficking, as well as the concealing of the real origin, nature and ownership of such property (money laundering). Article 371 also punishes the manufacturing, transportation, distribution and trade of the substances known as “precursors” when is proven that they are going to be used in the culture, manufacturing or trafficking of toxic, narcotic and psychotropic substances.
Article 372 states that in addition to the penalty awarded in accordance to the committed crime, the person convicted for a drug-trafficking crime will be liable to the disqualification for any public post, profession, industry or trade activity if the criminal act was committed taking advantage of their professional position as a businessperson, finance broker, civil servant, social worker or educator.
Finally, Spanish Criminal Law also punishes the lure, conspiracy and enticement to commit the crimes defined in articles 368-372.
LAW ON THE PROTECTION OF CITYZENS SAFETY
The “Law on the protection of citizens safety”, enacted in 1992, introduced some important changes in respect to drug possession and trafficking. According to this law, drug consumption in public places and possession of illegal drugs, even if it is intended for self consumption, are only liable to an administrative sanction and therefore are not considered a crime. Leaving behind the tools and devices used for drug consumption is also not considered a crime.
LAW FOR THE PREVENTION OF MONEY LAUNDERING
The Law for the prevention of “money laundering”, passed in 1993, was enacted in an attempt to prevent and stop money laundering of criminally derived property. Among the criminal activities that produce illegal property, dug-trafficking is one of the most usual ones.
