In the current world, more than an enigma constitutes a chaotic reality in the increase of the consumption of drugs, tendency that is manifested in the most dissimilar social groups, without distinction of race or age. This phenomenon without place to doubts comes accompanied by a disordered necessity that the consumers manifest of satisfying their bad habit, necessity that indeed it constitutes a direct stimulant to a without number of criminal behaviors, as it is The International Traffic of Drugs.
- On what does this crime consist?
This criminal activity not only understands the sale of the psychotic substances, but also it does with the production or distribution, recycling and even the consumption of the same ones. Therefore the crime either consists on the active or passive participation in the habitual commercialization and with spirit of lucre or not of these substances. I mean the transfer or collaboration to the trade of drugs at a third, either too onerous or gratuitous title.
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That is why this crime is applicable to those fellows who only take charge of controlling the market of the drug, because although they don't have a direct participation in the sale or distribution of the same one, they play a decisive role for the prosperous development of this criminal activity. Of equal form it will be implied the citizen that collaborate to the laundry of money, feigning that the acquired assets in an illicit way are fruits obtained by legally allowed operations, since in this case the individual besides being favored by the criminal actions that incur, facilitates and it collaborates to the realization of this crime.
- What elements should they show so that you can typify this crime?
Certain suppositions that should be presented exist so that the crime is evidenced, which allow us to identify and to differentiate it from other crimes of similar nature, like they are the crime of Traffic of Drugs(in national territory) and the crime of people's Traffic.
The first one makes reference to the material object of the crime: the Objective Element, that is to say the toxic narcotic and psychotic substance, that contrary to what many know, it only is not popularly the well-known ones as: Cannabis (Marijuana), Cocaine, Heroin or Morphine, but it makes reference to the traffic of any narcotic substance, either addictive or not that are potentially harmful for health.
On the other hand the second element, The Subjective Element, remits us to the fellow, that is to say to the commission agent of the criminal activity, which should present the spirit tendencies, showing in the noxious conscience of favoring the illegal consumption of these substances to a third. As last element we have, the international character, since if it is trafficked or it markets drug in national territory, we would not be speaking of International Traffic of Drugs.
- Why if he is stopped by this crime a lawyer should contact him?
Firstly the detained citizen, for this type of crimes should contact a lawyer, because it is a fundamental and basic Right that shows as citizen: The Right to the Defense. Also this crime type for the complexity that it presents, requires the literate representation imposed by law, either it is named by the accused or in its defect, declared of occupation, for the competent authority.
Therefore it would be highly beneficial to the detainee to contact for his own means to a lawyer that represents him in the process. Always keeping in mind the characteristics of the case that they attenuate or they increase the made action and also the participation grade that the detainee presents in the commission of the crime, since the more unfavorable it is the condition of the same, bigger preparation and experience is required and it demands to the lawyer that assumes the case.
- Which is the lawyer penologist activity?
In all penal process the lawyer's primordial activity will be to represent his client, being the payee and demonstrator of the will and aspiration of his protected one. Therefore his function is guided to look after the benefit of that. The lawyer penologist, first he should determine the grade of guilt of his represented, to determine if it is truly attributable the cause that it is presented against him or not.
As first variant, of being positive the participation of that in the positions that it is alleged against him, the lawyer should look after his legal protection, since his client loves of being a commission agent of a criminal fact, the Law offers him a protection being founded in humanity's principles and justice, granting him certain rights that should be respected. In this case the lawyer's activity is manifested in looking after the execution of the terms settled down by Law in the process, to take care that they are not violated none of the human rights that the international laws preserve in favor of his represented, and to intervene before any violation that increases the condition of that.
Of being unjust the accusation against his client, because in their opinion this is innocent, he/she runs on his account to destroy the accusatory thesis that the Fiscal Ministry presents, presenting tests that contradict that alleged by this and base or corroborate his position on the process. Also in this type of crimes given to the dangerous character that presents at international level, the lawyer penologist´s activity is very active, because he should look the whole time after the OBJECTIVITY in the process, to avoid derived injustices of partialities of the tally, asserting his client's situation to be crimes prioritized in the penal politics of the country.