The lawyer in a drug offense can make a big difference in the process. Drug trafficking is a problem that affects numerous societies worldwide, including Spain. To address this offense and protect public health and safety, the Spanish Penal Code contains a series of legal provisions. These are outlined in Articles 368 to 373, which focus on the regulation and punishment of illicit trafficking of narcotic and psychotropic substances.
At A&O Lawyers, your law firm on the Costa del Sol, we will explain these articles to you in detail and their importance in the fight against drug trafficking in Spain.
These articles are included in the Spanish Penal Code
Article 368 establishes that the commission of acts related to cultivation, production, or trafficking of toxic drugs, narcotics, or psychotropic substances, or the promotion, support, or facilitation of the illegal consumption of such substances, shall be punished with imprisonment and fines.
The severity of the penalties will depend on the quantity and nature of the drugs involved, as well as other aggravating factors.
On the other hand, Article 369 defines the offense of drug trafficking as the commission of acts related to cultivation, production, trafficking, or any other form of involvement in the process of introduction or exit from national territory of these substances.
Furthermore, the financing, collaboration, or association to carry out such activities is also considered as the offense of drug trafficking. It is important to note that it is not necessary for the sale or distribution of drugs to have been completed for this offense to be established.
As for Article 370, it introduces the distinction between substances that cause serious harm to health and those that do not.
In the first case, the penalties will be more severe. The participation of minors in the offense, the use of violence or weapons, and belonging to a criminal organization are also considered aggravating factors.
Article 371 addresses the concept of “cultivation or production of drugs.” It establishes that cultivating, producing, or manufacturing drugs shall be punished with imprisonment and fines. Once again, the severity of the penalties will depend on the quantity and nature of the substances.
Article 372 focuses on the “promotion, support, or facilitation of illegal drug consumption.” Promoting, inducing, or facilitating the illegal consumption of narcotic or psychotropic substances shall be punished with imprisonment and fines.
This provision aims to penalize those who engage in activities that contribute to the expansion of drug consumption.
Finally, Article 373 addresses the criminal liability of legal entities in drug trafficking-related offenses.
Companies or organizations can be held criminally liable and shall be punished with fines and other penalties when these offenses are committed in their name or for their direct or indirect benefit.
Drug trafficking in Spain is a matter of great importance due to the serious effects that this offense can have on society.
At A&O Lawyers, your law firm specializing in drug offenses, we will provide a general overview of the process followed in Spain.
- • Report and investigation: The process usually begins with a report or police action. Law enforcement agencies carry out relevant investigations to gather evidence. This may involve surveillance, phone tapping, searches, and witness testimonies. These pieces of evidence will be crucial during the criminal process.
- • Arrest and judicial presentation: If there are sufficient indications, the alleged perpetrators are arrested. They are presented before a judge within a maximum period of 72 hours. During this stage, they are informed of the charges against them and their fundamental rights, such as the right to defense, are guaranteed.
- • Instruction phase: The investigating judge is responsible for conducting the case investigation. Various legal proceedings are carried out during this phase. The main objective is to determine if there are solid indications of guilt and if it is necessary to proceed to trial.
- • Opening of oral proceedings: If the investigating judge considers that there is sufficient evidence to proceed to trial, oral proceedings are opened. At this stage, the case is transferred to a court, and a competent judge or panel of judges is assigned to conduct the trial.
Trial and verdict: During the trial, evidence is presented, and testimonies from the involved parties and witnesses are heard. Both the prosecution and the defense have the opportunity to present their arguments and request relevant evidence. Once the trial is concluded, the court issues a verdict. It establishes the guilt or innocence of the accused and determines the corresponding penalty in case of conviction.
It is important to note that in drug trafficking cases, the penalties can be significant, depending on the severity of the offense and the quantity and nature of the substances involved. In addition, fines and other precautionary measures, such as the confiscation of assets related to the crime, can be imposed.
In summary, the criminal process regarding drug trafficking offenses in Spain involves several stages, starting from the report and investigation, through the instruction and opening of oral proceedings, until reaching the trial and the issuance of a verdict. Throughout the process, the fundamental rights of the involved parties are guaranteed, and the goal is to determine their guilt or innocence. The lawyer in a drug offense can be crucial.
At A&O Lawyers, your criminal law firm in Marbella, we will assist you throughout the process.
During investigations and legal proceedings related to drug trafficking offenses, having the advice and representation of our specialized lawyers can make a difference. Today, in this blog, we explain it to you. A lawyer from A&O Lawyers with experience in drug offenses can assist the individual throughout the legal process. The lawyer in a drug offense will assist and accompany you throughout the process.
Our specialized lawyers in drug trafficking offenses possess in-depth knowledge of the specific laws and regulations related to this offense. They stay informed about changes and updates in legislation, as well as relevant case law. This specialized experience allows the lawyer to carefully analyze the case of the individual under investigation and develop a solid legal strategy.
The lawyer will carefully analyze the evidence collected by the prosecution and the manner in which it has been obtained. They will evaluate the evidence, testimonies, and procedures used during the investigation. This careful assessment may reveal possible irregularities or violations of the rights of the individual under investigation. This could lead to the exclusion of evidence or even the dismissal of the case.
One of the fundamental roles of a specialized lawyer is to protect the rights of the individual under investigation at all stages of the legal process. The lawyer will ensure that the client’s constitutional rights, such as the right to defense, the right to remain silent, and the right to a fair trial, are respected. They will also be present during interrogations and ensure that the authorities adhere to proper legal procedures.
Our experienced attorneys in drug trafficking offenses will develop a personalized defense strategy for the individual under investigation. This involves thoroughly analyzing the evidence, identifying potential weaknesses in the prosecution’s case, and seeking solid defense avenues. The strategy may include arguments based on the lack of compelling evidence, violation of the rights of the individual under investigation, or disputing the possession or knowledge of the illegal substances.
In some cases, our lawyers at A&O Lawyers may be able to negotiate with the prosecution to achieve a favorable agreement for the individual under investigation. This may involve reducing charges, decreasing requested penalties, or even the possibility of rehabilitation programs or alternatives to imprisonment. An experienced lawyer in the field will know when and how to negotiate to obtain the best possible outcome for their client.
In cases of drug trafficking, having a specialized lawyer can be crucial to protect the rights of the individual under investigation and achieve the best possible result. At A&O Lawyers, your law firm in Marbella, you will receive expert advice. Our lawyers will carefully evaluate the case, develop an effective defense strategy, and seek negotiation opportunities.
If you are facing drug trafficking charges, do not hesitate to seek the excellence of A&O Lawyers, your specialized firm on the Costa del Sol. It can make a significant difference in the outcome of your case. Call us now.
You can also check out our blog today on the notorious importance in drug trafficking and how aggravated criminal offenses work: