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Drug trafficking and other crimes against public health

Criminal Law
Drug trafficking and other crimes against public health

Drug trafficking or drug trafficking is the main crime against public health. It is a serious crime, which as such requires the assistance of criminal lawyers both to direct a complaint or complaint and to draw up an effective defense.

In our article today we are going to analyze the behaviors that give rise to these crimes, reserving another article to deal in detail with their consequences. In this way, it will be understood the severity with which the Legal System prosecutes crimes against public health and the relevance of having a law firm that has criminal lawyers specialized in the defense of drug trafficking.

What are crimes against public health?

The Penal Code dedicates articles 359 and following to crimes against public health. These are behaviors that generate a risk situation, not for one or several specific people, but for society as a whole.

Among the crimes against public health, drug trafficking stands out. In this sense, it should be noted that medicines for human or veterinary use also fall under this heading.

Of course, crimes that affect food, drinks or any type of food intended for public consumption also threaten public health. Issue that encompasses adulteration and poisoning.

On the crime of drug trafficking  

The Penal Code penalizes the cultivation, production, trafficking or promotion and facilitation of the illegal consumption of toxic drugs, narcotics or psychotropic substances. Also, its mere possession for these purposes.

There are circumstances that carry a more severe penalty for this crime. For example, asserting authority status, participating in organized activities, trafficking a significant amount of drugs, or distributing to vulnerable people.

Organized crime in drug trafficking

In the event that drug trafficking occurs within a criminal organization, we will find particularly serious penalties. In fact, the administrators of the organization will be the ones who receive the greatest punishment, and legal persons may be criminally convicted.

An issue that requires extra vigilance in the case of pharmaceutical, food, experimental or research, phytosanitary companies... In short, any organization whose members could be involved in the trafficking of illegal substances.

Other crimes against public health

Apart from drug trafficking, the Penal Code condemns other crimes against public health. The following are worth noting.

Substances harmful to health or chemicals that can wreak havoc

The unauthorized production of substances that are harmful to health or chemical products that can wreak havoc is condemned. Also, your office, supply or trade.

Whoever has authorization to carry out these actions must comply with the formalities provided for in the Legal System, otherwise they could be committing a crime against public health. In this case, penalties of fine and disqualification will be applied.

Medicines for human and veterinary use or medicines under investigation

On the other hand, the manufacture, import, export, supply, intermediation, commercialization, offer or storage of medicines is sanctioned: 

1.- For human use. 

2.- For veterinary use.

3.- Or in research. 

This whenever there is a risk to the life or health of people.

In this sense, counterfeiting and the production of deception around the characteristics of medicines are also punishable. Particularly in terms of packaging, labeling and instructions for use.

Broadcast on the Internet

The Criminal Code penalizes the dissemination through the Internet or other information and communication technologies of content aimed at promoting or facilitating the consumption of substances and products that generate health risks among minors or persons in need of special protection.

Doping athletes

Another of the crimes against public health consists of prescribing, providing, dispensing, supplying, administering, offering or facilitating pharmacological substances or groups intended to increase their physical abilities or alter the results of competitions without having another therapeutic purpose. In this sense, it would be a requirement to consider the crime that repeated ingestion or other circumstances of use endanger the life or health of the athlete.

Food, substances and beverages intended for human commerce

Lastly, the Criminal Code condemns anyone who adulterates food, substances or drinks intended for human commerce. Also, their offer, manufacture or sale when they are harmful to health.

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:

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