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...When the deeds described in Article 368 have been carried out by those pertaining to a criminal organisation, prison sentences of nine to twelve years and a fine of one to four times the value of the drugs concerned shall be imposed, if they are substances and products that cause serious damage to health and of imprisonment for four years and six months to ten years and the same fine in the other cases.... We are Drug Crime Lawyers in Spain
Those who carry out acts of cultivation, preparation or trafficking, or who otherwise favour or facilitate the unlawful consumption of toxic drugs, narcotics or psychotropic substances, or who possess them for those purposes, shall be punished with imprisonment from three to six years and a fine of one to three times the value of the drug the criminal offence concerns, if they are substances or products that cause serious damage to health, and of imprisonment from one to three years and a fine from one to two times the amount in the remaining cases.
Notwithstanding what is set forth in the preceding Paragraph, the Courts of Law may impose a lower degree punishment to those stated in view of the scarce importance of the facts and the offender’s personal circumstances. This power may not be made use of if any of the circumstances referred to in Articles 369 bis and 370 concurs.
1. The penalties shall be imposed in one degree higher to those stated in the preceding Article, and a fine of one to four times the amount when any of the following circumstances concurs:
1. The offender is an authority, civil servant, medical practitioner, social worker, teacher or educator and acts while carrying out the duties of his office, profession or trade;
2. The offender participates in other organised activities, or those whose carrying out is facilitated by committing the criminal offence;
3. The deeds are perpetrated in establishments open to the public by those in charge or the employees thereof;
4. The substances to which the preceding Article refers are provided to persons under the age of eighteen years, to the mentally disabled persons requiring special protection or to individuals subject to detoxification or addiction treatment;
5. The quantity of the substances the deeds to which the preceding Article refers is notoriously large;
6. Such substances are adulterated, manipulated or mixed together or with others, increasing possible damage to health;
7. The deeds described in the preceding Article take place at teaching centres, at military centres, establishments or units, within prisons or at detoxification or addiction treatment centres, or in the surrounding areas thereof;
8. The offender uses violence or displays or uses weapons to commit the criminal offence.
When the deeds described in Article 368 have been carried out by those pertaining to a criminal organisation, prison sentences of nine to twelve years and a fine of one to four times the value of the drugs concerned shall be imposed, if they are substances and products that cause serious damage to health and of imprisonment for four years and six months to ten years and the same fine in the other cases.
The bosses, managers or directors of the organisation shall have the penalties higher by one degree to those stated in Section one imposed on them.
When, pursuant to the terms established in Article 31 bis, a legal person is responsible for the criminal offences defined in the preceding two Articles, it shall have the following penalties imposed thereon:
a) Fine from two to five years, or from three to five times the value of the drugs, when the resulting amount is higher, if the criminal offence committed by a natural person has a punishment of imprisonment foreseen exceeding five years;
b) Fine from one to three years, or of two to four times the value of the drugs, when the resulting amount is higher, if the criminal offence committed by a natural person has a punishment of imprisonment foreseen exceeding two years not included in the preceding Sub-Section.
Pursuant to the rules established in Article 66 bis, the Judges and Courts of Law may also impose the penalties established in Sub-Paragraphs b) to g) of Section 7 of Article 33.
The punishment imposed shall be higher by one or two degrees to that stated in Article 368 when:
1. Persons under the age of eighteen years or the mentally disabled are used to commit those criminal offences;
2. They are the bosses, directors or managers of the organisations to whom circumstance 2 of Section 1 of Article 369 refers;
3. The deeds described in Article 368 are extremely serious.
Extreme seriousness is understood to concur in cases in which the quantity of the substances to which Article 368 refers notably exceeds that deemed a notorious amount, or when using ships, vessels or aircraft as the specific means of transport, or when perpetrating the conduct stated simulating international trading operations between companies, or in the case of international networks dedicated to such activities, or when three or more of the circumstances foreseen in Article 369.1 concur simultaneously.
In the cases of the preceding Sub-Section 2 and 3 the offenders shall also have a fine of one to three times the value of the drugs the criminal offence concerns imposed on them.
1. Whoever manufactures, transports, distributes, trades or possesses equipment, materials or substances listed in Table I and Table II of the United Nations Convention, done at Vienna on 20th December 1988, against illegal traffic in narcotic drugs and psychotropic substances, and any other products added to the aforesaid Convention or that may be included in future Conventions ratified by Spain being aware that they shall be used for the unlawful cultivation, production or manufacture of toxic drugs, narcotics or psychotropic substances, or for those purposes, shall be punished with a sentence of imprisonment from three to six years and a fine of one to three times the value of the goods or items concerned.
2. The punishment stated shall be imposed in the upper half if the persons perpetrated the deeds described in preceding Section while belonging to an organisation dedicated to the ends stated therein, and the higher degree punishment in the case of bosses, directors or managers of those organisations or partnerships.
In such cases, the Judges or Courts of Law shall impose, in addition to the relevant penalties, that of special barring of the convict from practising his profession or industry for a term of three to six years, and the other measures foreseen in Article 369.2.
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