Advanced Search

Act 8/1992 Of 23 December, Modification Of The Penal Code And The Law Of Criminal Procedure In The Field Of Drug Trafficking.

Original Language Title: Ley Orgánica 8/1992, de 23 de diciembre, de modificación del Código Penal y de la Ley de Enjuiciamiento Criminal en materia de tráfico de drogas.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

Reason exposure

The United Nations Convention on the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, made in Vienna on 20 December 1988, reflects the grave concern that in all nations causes the increase in the number of drugs and psychotropic substances. illegal trafficking of such substances, and their direct effects on crime. The measures included in this text represent an increase in the criminal reaction to those criminal acts.

Spain, party to this Convention, is obliged to introduce in its penal system the measures that are included in it and do not have yet express expression in its legal system. In order to fulfill this objective, the present reform of the Penal Code has been elaborated, in which, in order to meet the deadlines required by the Convention, a regulation is introduced that is already incorporated into the Draft Law of the new Code, thus bringing forward the entry into force of these criminal measures.

The new developments that are being introduced now, in a coordinated way with what is being done in all the countries of our cultural orbit, basically concern the punishment of the manufacture, transport and distribution of the precursors (equipment, materials and substances essential for the illicit cultivation, production and manufacture of narcotic drugs or psychotropic substances), and also of conduct directed against the cover-up of capital and economic benefits obtained from the illicit trade in narcotic drugs and substances (a) the provisions of Directive 91 /308/EEC on the application of the provisions of Directive 91 /308/EEC.

On the other hand, and to the effect of also completing the forecast contained in article 73 of the Schengen Convention, a new article of the Law of Criminal Procedure is incorporated in order to regulate the regime of the deliveries monitoring of narcotic drugs and psychotropic substances.

Chapter I

Amendments to the Criminal Code

Article first.

They are incorporated in Article 344 a) of the Penal Code, and following their current text, the following three new circumstances:

< 8. When the culprit will participate in other organized criminal activities.

9. Where the culprit is involved in other illicit activities the execution of which is facilitated by the commission of the offence.

10. Where the facts described in Article 344 are carried out by or using less than 16 years of age. >

Article 2.

Article 344 (e) shall have the following wording:

< 1. Unless it belongs to a third party in good faith not responsible for the offence, the substances referred to in Article 344 (g), the vehicles, vessels, aircraft and any other goods and effects of the nature which they are responsible for, shall be the subject of a statement. served as an instrument for the commission of any of the offences referred to in Articles 344 to 344 bis (b), or they shall be provided, as well as the proceeds of such offences, whatever changes may have taken place. experiment.

2. In order to ensure the effectiveness of the iso, the goods, effects and instruments referred to in the preceding paragraph may be apprehended and placed in deposit by the judicial authority from the time of the first proceedings. That authority may also agree that, while the substance of the procedure, the goods, effects or instruments may be provisionally used by the judicial police in charge of the repression of the illegal trade in drugs.

3. The goods, effects and instruments definitively seized by judgment shall be awarded to the State. >

Article 3.

They are incorporated into Section 2. Chapter II of Title V of Book II of the Criminal Code five new articles, which are labeled from 344 bis (g) to 344 (k), both inclusive, with the following content:

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