"The law on protection of citizens’ security (1992) considers drug consumption in public, as well as illicit possession, as a serious order offence punishable by administrative sanctions. In 2010, the Organic law enacted amendments to the penal code in reference to drug-related provisions. Fines are the usual punishment, but the law foresees that the execution of the fine can be suspended if the person freely attends an official drug treatment programme. For trafficking, the Spanish law lays down penalties in line with the seriousness of the health damages associated to drugs and any aggravating and mitigating circ*mstances that may exist such as sale to minors under 18, or the sale of large quantities. Penalties can reach up to 20 years and three months in prison, with such long terms reserved for cases with aggravating circ*mstances. When no such circ*mstances exist, those who have committed the crime can be sentenced to prison for one to three years if the drugs do not cause serious health damage, and, in line with the amendments enacted in 2010, for up to six years when they do. The new provision of the Penal Code leaves up to the courts possibility to impose sentences lesser degree in case of no aggravating circ*mstances exist and diversifies the applicable prison sentences for a conduct committed within criminal organisation based on the role of a person in a such entity. In all cases, a fine is also imposed.
"With regard to emerging new psychoactive substances, Ketamine was brought under control in Spain in 2010, but Mephedrone and Tapentadol in 2011. In 2011, a procedure was adopted allowing to classify new psychoactive substances as narcotic drugs at national level.
Source
European Monitoring Centre for Drugs and Addiction, Country Overview: Spain (Lisbon, Portugal: Oct. 2012), last accessed Dec. 19, 2012.
http://www.emcdda.europa.eu/p…
As a seasoned expert in legal frameworks and drug policies, I bring a wealth of knowledge to shed light on the intricate details of the Spanish law on the protection of citizens' security and its evolution over the years. My expertise is not only theoretical but also grounded in a deep understanding of the practical implications and historical context of drug-related legislation.
The information provided in the article refers to the legal landscape in Spain, specifically focusing on the law enacted in 1992 concerning the protection of citizens' security. In 2010, amendments were introduced to the penal code, addressing various aspects related to drug offenses. Let's break down the key concepts and components outlined in the passage:
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Drug Consumption and Illicit Possession in Public:
- The law from 1992 considers drug consumption in public and illicit possession as serious offenses.
- Administrative sanctions are imposed for these offenses.
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Amendments to the Penal Code (2010):
- In 2010, the Organic law brought about amendments to the penal code concerning drug-related provisions.
- Fines are the typical punishment for drug offenses.
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Suspension of Fines for Participation in Drug Treatment Programs:
- The law allows for the suspension of fine execution if the offender voluntarily attends an official drug treatment program.
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Penalties for Drug Trafficking:
- Penalties for drug trafficking are determined by the seriousness of health damages associated with drugs and any aggravating or mitigating circ*mstances.
- Penalties can range up to 20 years and three months in prison for severe cases.
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Diversification of Prison Sentences (2010 Amendments):
- The 2010 amendments grant courts the authority to impose lesser sentences in the absence of aggravating circ*mstances.
- The applicable prison sentences for crimes within a criminal organization are diversified based on an individual's role in the entity.
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Treatment of Emerging Psychoactive Substances:
- Ketamine was brought under control in 2010, and Mephedrone and Tapentadol in 2011.
- A procedure was adopted in 2011 to classify new psychoactive substances as narcotic drugs at the national level.
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Source and Additional Reference:
- The information is sourced from the European Monitoring Centre for Drugs and Addiction, providing a reliable and authoritative reference for the legal landscape in Spain.
In conclusion, my comprehensive understanding of legal nuances, particularly in the context of drug-related legislation, allows me to dissect and explain the intricacies of the Spanish legal framework as presented in the provided article. The evolution of laws, the severity of penalties, and the considerations for emerging substances reflect a nuanced and evolving approach to addressing drug-related issues in Spain.
