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Public Health Offenses

Public Health Offenses

The crime against public health — commonly known as drug trafficking — is one of the most frequent causes of arrests in Spain, especially at airports, ports, and tourist areas. The difference between a severe conviction and a successful defense is often decided during the initial proceedings.

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What the Criminal Code Says

Article 368 punishes the cultivation, production, trafficking, or possession for trafficking of drugs. The penalty varies according to the substance: three to six years when it causes serious harm to health (cocaine, heroin) and less for those that do not (cannabis, hashish). Based on this, the aggravated types of Article 369 — notorious importance, organized crime — and the hyper-aggravated types of Article 370 apply.

Possession, Personal Consumption, and Trafficking

Not all possession is a crime: possession for personal consumption is not criminally punishable. The key is the intended use of the substance, and here, circumstantial evidence — quantity, dosage, weighing tools, fractional money — plays a role. A strong defense challenges this inference of trafficking.

How We Defend

We begin with procedural aspects: the legality of body, vehicle, or home searches, judicial authorization when required, and the chain of custody of the substance. A nullity in any of these links can lead to acquittal. We also dispute the purity and quantity of the active principle, which is what jurisprudence takes as a reference, not the gross weight.

International Dimension

A significant portion of these arrests affects foreign nationals in transit through airports such as Palma, Barcelona, Madrid, Malaga, or Ibiza. We defend on two levels: the Spanish criminal process and the consequences in the country of origin. We coordinate with lawyers and consulates, manage consular assistance, and provide services in German and English. When there is cross-border transport, we assess potential double jeopardy and the principle of ne bis in idem.

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Index

Frequently asked questions

What is asked first.

How much drug is considered a crime?

There is no fixed amount: the decisive factor is whether the possession is intended for trafficking. Personal consumption is not a crime, although high quantities are interpreted as an indication.

What is the penalty?

Three to six years for substances that cause serious harm to health, and lesser penalties for those that do not, with aggravating circumstances for notorious importance or organized crime.

I have been arrested at the airport, what should I do?

Do not make any statements without a lawyer. The legality of the search and the chain of custody are crucial and must be reviewed from the outset.

I am a foreign national, how does this affect me?

In addition to the criminal proceedings, there are implications for your residency and in your home country. We coordinate with your lawyer and consulate and assist you in your language.

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