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Examining behavior and testing, without automatism.
We analyze the substance, quantity, assigned destination and other elements of the investigation. We also review the guarantees of obtaining and custody of evidence and the personal circumstances that are legally relevant.
Criminal liability is not determined by a single isolated fact. Articles 368 onwards of the Criminal Code set out different forms and circumstances that must be assessed against the facts and admissible evidence.
Understanding to Decide
Anonymised case study
One investigation involved substances and effects related to a possible crime against public health. It was necessary to determine what conduct could be attributed to each person under investigation.
Read moreAnonymised case study
After a judgment based on agreement to the prosecution case for an offence against public health, it was examined whether the execution of the custodial sentence should be suspended.
Read moreSupreme Court · Second Chamber
Supreme Court · Second Room · 2025
The plenary court upheld organised-trafficking convictions and examined communications intercepted under judicial authority in France and introduced through a European Investigation Order. It considered their acquisition, transmission and attribution to the defendants.
ECLI:ES:TS:2025:4526
Supreme Court · Second Room · 2024
The court upheld convictions for cocaine distribution and money laundering. It distinguished the organisation’s structure from the involvement of individuals in particular incidents.
ECLI:ES:TS:2024:1912
Read moreSupreme Court · Second Room · 2023
The Supreme Court upheld refusal to combine sentences because the chronological requirement was not satisfied. It examined the dates of the offences and the judgments proposed for combination.
ECLI:ES:TS:2023:355
Read moreAnswers to guide you
19 Brief answers with references to official regulations.
No. The offence of article 368 focuses on cultivation, processing, trafficking or favouring illegal consumption and possession for these purposes.
Not automatically. Purpose, presentation, context and other evidence matter. An isolated figure does not itself determine the destination for own consumption.
That general guarantee cannot be offered. The substance, purity, destination and set of indications of the case should be examined.
Yeah. Profit motive is not a requirement for any conduct of favouring illegal consumption. Non-criminal shared consumption has case lawles limits.
No. Purpose and circumstances must be assessed. The cultivation aimed at trafficking or favouring illegal consumption can integrate the article 368.
No. Registration does not amount to a criminal authorization to cultivate or distribute. It examines the actual functioning and conduct performed.
It's a mistake about wrongfulness with strict requirements. Its vindictable or invincible character may affect the penalty or liability, but it is not presumed to belong to a club.
The nature of the substance and other relevant data should be tested. Analysis and chain of custody can be discussed by defence.
Consult this service ↗See FAQ ↗It may be relevant to assess effective quantity, severity and other aspects of the offence. The analysis and its scope should be checked in the specific imputation.
Consult this service ↗See FAQ ↗They can be of value if they are legally obtained and incorporated and reliably attributed. They must be assessed together with the rest of the evidence.
No. It is a possible indication within the whole, but the prosecution must prove the crime and individual participation.
Yes, if it constitutes a conscious intervention in traffic or favour. Knowledge and effective input should be examined.
Consult this service ↗See FAQ ↗The Spanish Criminal Code regulates specific organizational assumptions. It is necessary to prove one structure and the other elements envisaged, not just several accused.
Article 368 provides for a reduction power in certain cases, also taking into account personal circumstances and legal exclusions.
No. Its relevance depends on the accredited involvement and the requirements of a waiver or mitigating circumstance; it needs individual evaluation.
Consult this service ↗See FAQ ↗Yes, there is a specific regime for certain offences linked to dependency, with requirements of punishment, certification and treatment. It doesn't operate automatically.
Yes, in the legal assumptions. The relationship to the offence must be justified and the guarantees of the persons concerned respected.
Consult this service ↗See FAQ ↗You can do it. Authorization, motivation, execution and relation to other evidence should be analysed; the effect is not decided by a generic objection.
Attestation, statements of intervention, analysis, provided communications and relevant clinical or economic documentation allow to review evidence, purpose and personal circumstances.
Spanish Constitutional Court
Alleged violation of the rights to privacy, to the effective judicial protection and to a process with all guarantees: evidence provided by undercover agent that does not affect the ...
Read moreSpanish Constitutional Court
Violation of the personal right to privacy; alleged violation of the right to effective judicial protection (access to appeal): capturing images inside a garage.
Read moreSpanish Constitutional Court
Violation of the right to personal liberty: cars that do not compute the period of deprivation of liberty that the Colombian and Spanish authorities used to process and resolve...
Read moreA possible drug-trafficking offence is being investigated in Spain. Does the quantity seized settle the case? No. The substance, alleged conduct and evidence must be considered together.
Possession for personal use and trafficking conduct need legal distinction. The substance analysis, circumstances of the seizure and evidence linked to each person all matter. Sharing a place does not automatically establish an individual's participation.
Your lawyer reviews the specific allegation, investigative steps and safeguards surrounding the evidence. If someone is detained, their rights and access to legal assistance need attention. Do not alter documents or coordinate accounts with other people.
At penal.info, we examine the available documents and defence options. Bring the summons, court decisions and a timeline. The assessment depends on the particular facts, rather than a promised result based on a single detail.
Book an appointment with María Morales at penal.info.
Time to listen
Consult with María Morales Elbaz, lawyer in Madrid.