Crime of international traffic of drugs

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In the current world, more than an enigma constitutes a chaotic reality 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 numberless of criminal behaviors, as it is The International Traffic of Drugs.

- On what does this crime consist?

This criminal activity not alone understands the sale of the psychotic substances, but also the manufacturing or production, the distribution, the 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. That is to say the carryover and collaboration to the drug trade by means of a third one, either an onerous or free heading.

This crime is also applicable to those fellows that alone they 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 who takes place in 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 are covered up, facilitates and collaborates to the realization of this crime.

- What elements should be shown for this crime to be typified?

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Certain suppositions that should be presented exist, so that the crime is evidenced, which allows us to identify it and to differentiate it of 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 substance, narcotic and psychotic that contrary to what many know, it is not only popularly well- known as: Cannabis (Marijuana), Cocaine, Heroin or Morphine, but it makes reference to the trade 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 tendentious spirit , showing in the noxious conscience of favoring the illegal consumption of these substances to third ones. As last element we have,

The international character, since if it is trafficked or traded drug in national territory, we would not be speaking of International Traffic of Drugs.

- Why if he is stopped for this crime, a lawyer should be contacted?

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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 presents, requires imposed by law the literate representation, well be 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 their own means to a lawyer that represents him/her in the process. Always taking into consideration 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 as more unfavorable the condition of the same is, bigger preparation and experience is required and it demands to the lawyer that assumes the case.

- Which is the lawyer's 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. For what 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 for him the cause that it is presented against him or not.

As first variant, of being positive the participation of that in the positions that they allege 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 that has been 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 their represented, and to intervene before any violation that increases the condition of that.

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Of being unjust the accusation against his client, because in his opinion this is innocent, he/she runs for their bill to destroy the accusatory thesis that presents the Fiscal Ministry, presenting evidences that contradict that alleged by this and base or corroborate his position in the process. On top of that, in this type of crimes given to the dangerous character that presents on an international level, the lawyer's penologist 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 their client's situation to be crimes prioritized in the penal politics of the country.

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