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Defence for drug trafficking in Madrid
Examining behavior and testing, without automatism.
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Substitution of imprisonment by expulsion and family ties
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2016
ECLI:ES:TS:2016:2033
What the Supreme Court considered and decided
The court set aside substitution of imprisonment by expulsion after considering the convicted person’s family ties in Spain. It required a proportionate assessment of personal circumstances.
What this helps explain
The conviction for trafficking did not disappear: the revised version was the substitute for compliance.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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Advice on enforcement of sentences and fines
The defence continues after the sentence.
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Related legal terms
More favourable criminal lawCriminal penaltyCriminal fineDaily fine instalmentPayment of a fine in instalmentsSubstitute liability for an unpaid fineCommunity serviceSuspension of a sentenceExtinction of criminal liabilityDrug offences against public healthFinal judgmentEntry and searchInterception of communicationsRequest for reconsiderationReasoned judicial order