Registering an association and believing its activity lawful

Supreme Court · Second Chamber (Penal) · 2016

What the Supreme Court considered and decided

The court upheld cannabis-club managers’ acquittals because of an unavoidable mistake about unlawfulness in the circumstances. It considered, among other matters, the prosecution’s involvement during registration of the association.

What this helps explain

Associative registration does not constitute a general authorisation to cultivate or distribute substances; the error requires an individual analysis.

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.