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All about the crime of drug trafficking

All about the crime of drug trafficking

The crime of drug trafficking is one of the most serious in our legal system. As such, it carries serious penalties, which can affect both individuals and legal entities. 

In addition, it can lead to the confiscation of effects and profits and compensation for the costs of prosecuting the crime. 

Precisely because of the seriousness of the consequences of being accused of a drug trafficking crime, it is highly recommended to immediately contact a criminal lawyer who is an expert in drug trafficking.

What is the crime of drug trafficking?

The crime of drug trafficking includes a wide range of actions related to drug trafficking. Specifically, the cultivation, processing, trafficking or promotion, favoring or facilitation of the illegal consumption of toxic drugs, narcotics or psychotropic substances. Also, possession for these purposes. 

Note that the consumption itself is not included, because when classifying the crime of drug trafficking, the legislator intended to protect public health. In this sense, crimes against public health are also those related to doping in sports, adulteration of food or beverages for human consumption and the production or trafficking of medicines for human, veterinary or experimental use. 

A few days ago, we published an article on drug trafficking and other crimes against public health, to which we refer the reader for more information.

Do I need a lawyer to defend myself if I am accused of drug trafficking?

Yes. Since in the case of a criminal accusation, important criminal consequences can be derived. For this reason, it is essential to immediately contact a criminal lawyer who is an expert in drug trafficking crimes. 

The assistance of these lawyers can be key both in avoiding criminal liability and in minimizing the eventual conviction. At Forcam Abogados we have extensive experience in drug trafficking crimes. Contact us if you need advice or assistance and criminal defense. 

How to act if we are accused of a drug trafficking crime? 

In these cases, it is essential to immediately contact a law firm specialized in the matter, such as Forcam Abogados. It is important to inform the lawyer in great detail of everything that happened. Whether the criminal action has been committed or not.

In case of being innocent, we should draw up a defensive strategy that allows us to prove our lack of guilt, which will require a deep knowledge of the facts. And in case of having committed the action of which we are accused, it is crucial to give our lawyers all the tools so that they can exonerate or reduce our criminal responsibility. In addition, at Forcam Abogados we absolutely respect the guarantee of confidentiality between lawyer and client.

What are the consequences associated with these crimes?

In our blog we have an article focused on the penalties associated with drug trafficking crimes. There we also talk about civil liability in this class of crimes, the liability of provocateurs, conspirators, proponents, legal entities and criminal organizations and the operation of goods, substances and effects. In order not to be repetitive, we refer the reader for more information. 

In any case, we are talking about crimes that in their basic type reach prison sentences of three to six years and a fine of up to three times the value of the drug. If this is not especially dangerous to health, the penalties would be between one and three years in prison and a fine of two to two.

When are we facing a crime and when are we facing an administrative infraction?

LO 4/2015, on the protection of citizen security, in its article 36.16, typifies as a serious administrative infraction: 

"The illicit consumption or possession of toxic drugs, narcotics or psychotropic substances, even if they were not intended for trafficking, in places, roads, public establishments or collective transport, as well as the abandonment of the instruments or other effects used for it in the aforementioned places".

In summary, the consumption of these substances in the indicated places does constitute an administrative infraction. In fact, it does not matter whether the objective of possession of substances and effects is their trafficking or not.

In these cases, we will be facing an infraction that can be sanctioned with the corresponding fine, but from which no criminal liability derives.

Contact us and our lawyers specializing in criminal law will study your specific case. We offer assistance and criminal advice at a national and international level. In addition, we have:

Law firm in Barcelona
Law firm in Tarragona
Law firm in Reus
Law firm in Tarrega