The crime of trafficking drugs refers to the sale and distribution of narcotic substances.
What is called drug trafficking crime?
Drug trafficking is considered a crime because it threatens public health and is established in articles 368 to 377 of the Penal Code.
He legal good protected is public health, which is why a distinction is made between acts that affect collective and individual health. Mere possession for free consumption is not a crime.
Constituent requirements of the crime of drug trafficking
For an act to be considered a crime of smuggling drugs Two conditions must be met:
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Possession or possession of prohibited substances. They are objective statements that are recognized by external facts. The spirit of sharing traffic. It is a personal factor that must be checked.
To qualify as possession for commercial purposes, the precedent is based on the quantity in the possession of the alleged infringer or, if the quantity is less, when the intention to trade is shown.
In addition, the addict's condition must be proven through clinical analysis and physical examination.
Possession of a punitive substance must be illegal, in accordance with international agreements that exclude socially acceptable harmful substances such as alcohol.
According to Law No. 17 of 1967, these substances are classified as poisons, narcotics and psychotropic substances. Depending on the damage they cause to health, medicines can be hard or soft.
The numbers are presented in a table prepared by the National Institute of Toxicology, which explains how much substance an addict would need to satisfy their addiction in 5 days.
These amounts are considered the absorbance limit. Traffic will then be recognized. drugs if you have:
Hemp: 100 g more of the upper part of the cannabis plant, in flowering or fruiting, not extracted from the resin.
Brittle: 25 g of pure resin from the cannabis plant or more. Cocaine: 7.5 grams or more. Heroin: 3 grams or more. MDMA (ecstasy, mol): 1.4 grams or more. Amphetamine: 0.9 grams or more. LSD: 3 milligrams or more.
To classify a crime it is necessary to prove an exemplary behavior in accordance with the provisions of the article 368 of the Penal Code.
People who engage in practices that cultivate, process, market, stimulate, promote or facilitate consumption, illegal possession of narcotics, psychotropic substances, possession for such purposes, are subject to a prison sentence of three to six years.
Fine of three times the value of the property for materials or products that cause serious damage to health, prison sentence of one to three years and double fine in other cases.
This behavior consists of the following elements:
Production of materials from which sanctioned substances can be obtained, such as narcotics, psychotropic substances or narcotics.
The presence of elements that test mechanical or chemical processes to obtain substances, either from plants or artificially.
These transactions are bought, sold, displayed, collected and accounted for in person or remotely by local or foreign intermediaries.
Any means that promotes, advocates or facilitates the consumption of these items in any way, for example, through gifts, sponsorships or in any other way made available to addicts.
Penalties for drug trafficking
The traffic of drugs can be punished with general penalties, such as imprisonment and fines. The level of punishment depends on the severity of the substance and the nature of the case.
In general, drug trafficking:
Serious harmful substances such as cocaine, ecstasy, heroin and others: from 3 to 6 years in prison and a fine three times the value of the drug found.
Toxic substances are not as dangerous as marijuana: from 1 to 3 years in prison and a fine of double the value of the seized drug.
Offenses can be mitigated or aggravated depending on the circumstances.
Possible mitigating factors
The amount is very close to the indicated dose. No history of criminal activity, be retail to support the addiction itself.
The aggravating factors
Being an official, teacher, social worker or person who exercises and performs their duties and profession.
Be part of an organization dedicated to fighting crime. This characteristic is exacerbated at two levels: belonging solely to the organization, or as an administrative or executive part of it.
Create conditions so that minors, people with mental disabilities and people undergoing drug addiction treatment can use stimulants.
If it is used to negotiate, it constitutes an excessive stimulus of the second order.