Lawyer in Drug Trafficking Offences
At the criminal defence law firm in Madrid, Spain and Europe, GRANDA & ASOCIADOS, we offer you the best criminal defence from the moment of your arrest, your statement at the police station, your statement before the Investigating Court, and through to the trial proceedings and any subsequent appeals…
Given the particular complexity of drug trafficking offences, having the strongest possible criminal defence is of the utmost importance. Therefore, if you are under investigation or have been charged with a drug trafficking offence, please contact our criminal defence law firm in Madrid, Spain and throughout Europe.
Are you being investigated for a drug trafficking offence?
Contact our criminal defence law firm Granda y Asociados, specialists in Madrid, Spain and Europe!
I began my professional career and for 20 years I have mainly defended offences against public health and drug trafficking, as well as economic offences and crimes against persons.
The first priority for the client in these cases is to request provisional release. The complexity of the drug trafficking offence means that the criminal defence lawyer must be highly qualified and have extensive professional experience, enabling them to carefully analyse each and every piece of evidence presented against their client, such as wiretaps, video recordings, confrontations, search and seizure operations, seizures, bail, and witness statements. In some cases, it is necessary to appeal orders, procedural rulings, and possibly judgments from both the Provincial Court of Madrid and the National High Court. These are highly complex appeals that require a high level of specialisation in criminal law and experience.
At the criminal defence law firm in Madrid, Spain and Europe GRANDA & ASOCIADOS, we have defended some of the most significant cases of recent decades, including the Nécora Case, Operation Victoria, and Polverino, among others.
We specialise in offences against public health and in defending clients in cases involving drug speedboats or vessels seized with tons, or kilos of cocaine or cannabis; this is our work when such cases arise.
Often, drug trafficking offences are related to other crimes, such as participation in organised criminal groups or money laundering.
If you are involved in a complex drug trafficking offence, please contact our criminal defence law firm in Madrid, Spain and Europe and we will help you resolve it efficiently and professionally. We speak multiple languages.
What is considered a drug trafficking offence?
Drug trafficking offences are classified as offences against public health, as set out in Articles 359 to 378 of the Criminal Code.
In the Spanish Criminal Code, offences include the cultivation, production, drug trafficking and unlawful possession of drugs, as well as activities that promote, facilitate or encourage the consumption of toxic drugs, narcotics and psychotropic substances. The drug trafficking offence is set out in Articles 368 and 369 of the Criminal Code, with the latter establishing the circumstances that aggravate the offence.
The penalty for the offence of drug trafficking will vary depending on whether the substances involved are considered to cause serious harm to health.
Some offences are committed by transporting drugs in suitcases or inside an aircraft in a more discreet manner. The penalty for the so-called “mule”, who transports the drugs, is lower than that imposed on the person who organises the operation.
Those who carry out acts of cultivation, production, or trafficking, as well as those who promote, favour, or even facilitate the illegal consumption of toxic drugs, narcotics, or psychotropic substances, as well as those who possess them for such purposes, shall be punished with a prison sentence of three to six years and a fine of one to three times the value of the drugs involved in the offence, when the substances or products cause serious harm to health.
Examples of substances or products that cause serious harm to health include cocaine, MDMA, heroin, crystal meth, LSD, etc.
When it concerns substances that do not cause serious harm to health (hashish, marijuana), the offence against public health is punishable by a prison sentence of one to three years and a fine of one to two times the value of the drugs involved.
However, taking into account the limited seriousness of the offence and the offender’s personal circumstances, a more lenient penalty may be imposed for the drug trafficking offence (a penalty one degree lower than those set out above). This shall not apply where any of the circumstances provided for in Articles 369 bis and 370 of the Criminal Code are present.
As criminal defence lawyers specialising in drug trafficking offences, we must emphasise that the substance intended for trafficking must pose a risk to public health, as established by Judgment No. 298/04 of the Supreme Court.
