The equipment, materials or substances listed in Table I and Table II of the United Nations Convention, made in Vienna on 20 December 1988, shall be manufactured, transported, distributed, marketed or held in its possession. on the illicit trafficking of narcotic drugs and psychotropic substances, and any other products added to the same Convention or other future Conventions or Conventions, ratified by Spain, knowing that they will be used in cultivation, illicit production or manufacture of toxic deogas, narcotic drugs or substances Psychotropic, or for these purposes, will be punished with lesser prison sentences and fine of one to one hundred million pesetas.
Article 344 bis (h).
1. The person who became or transferred the goods in the knowledge that the goods were derived from one or more of the offences referred to in the previous articles, or an act of participation in such offences, in order to conceal or cover up the property. illegal origin of the goods or to help any person who participates in the commission of such crimes, to avoid the legal consequences of his actions, will be punished with lesser prison sentences and fine of one to one hundred million pesetas.
2. The same penalties shall be punishable by the fact that the nature, origin, location, destination, movement or real property of property or rights relating to them are hidden or covered by the same penalties, knowing that they come from any of the offences expressed in the preceding articles or an act of participation therein.
3. If the facts are carried out by negligence or inexcusable ignorance, the penalty will be greater in its maximum degree and fine from one to fifty million pesetas.
Article 344 bis (i).
The person who acquires, owns or uses property, knowingly, at the time of receiving them, that they come from any of the crimes expressed in the above articles, shall be punished with the lesser imprisonment and fine of one of the to one hundred million pesetas.
Article 344 bis (j).
In the cases provided for in Articles 344 (g), 344 (h) and 344 (i), the custodial sentences shall be imposed to the maximum extent to persons belonging to an organisation dedicated to the purposes set out in the and the higher penalty to the heads, administrators or managers of the referred organizations or associations.
In such cases, the Judges or Courts shall impose, in addition to the corresponding penalties, the special disablement and other measures provided for in Article 344 (b).
Article 344 a k).
In the event that the property of the penalty for one or more of the offences referred to in Articles 344 to 344 bis (j) is not sufficient to cover all pecuniary liabilities, they shall be satisfied by the following order:
1. The repair of the damage caused and compensation for damages.
2. The fine.
3. The costs of the particular accuser and the other procedural costs, including those of the defence of processing without preference among those concerned. >
Article 4.
1. The expression 'Articles 344 and 344 bis (a)', as referred to in Article 344 (c) of the Criminal Code, shall be replaced by the following:
2. The expression 'previous articles', as referred to in Article 344 (d) of the Criminal Code, is replaced by the following:
Chapter II
Amendment of the Criminal Prosecution Law
Article 5.
It is added in Title I of Book II of the Criminal Prosecution Act, an article 263 bis with the following wording:
< 1. The Judge of the competent Instruction and the Prosecutor's Office, as well as the Heads of the Provincial Judicial Police Units of provincial scope and their superior officers, may authorize the circulation or supervised delivery of toxic drugs, narcotics or psychotropic substances, as well as other prohibited substances. In order to adopt these measures, account must be taken of their need for the purposes of the investigation in relation to the importance of the offence and the possibilities of surveillance.
2. 'Movement or supervised delivery' means the technique of allowing illicit or suspected consignments of drugs and substances referred to in the preceding paragraph or substances for which the above mentioned substances have been replaced, circulated on or out of Spanish territory without the authority or agents of the authority or its agents and under its supervision, in order to discover or identify the persons involved in the commission of any crime relating to them drugs or substances or to provide assistance to foreign authorities for the same purposes.
3. The use of supervised delivery will be made on a case by case basis and, at international level, will be in line with the international treaties.
Judicial Police officers will immediately give the Special Prosecutor's Office for the prevention and repression of illegal drug trafficking and, if there is open court proceedings, the competent Judge of Instruction. >
Single end disposition.
The fifth article of this Law is of an ordinary law.
Therefore,
I command all Spaniards, individuals and authorities to keep and keep this Organic Law.
Madrid, 23 December 1992.
JOHN CARLOS R.
The President of the Government,
FELIPE GONZÁLEZ MARQUEZ