Bill amending the Criminal Code on drug trafficking
File 124/000016 · tabled on December 27, 2024
What it proposes
To raise the penalty for trafficking substances that do not seriously harm health, extend the aggravated assault-on-authority offence to attacks using a vessel, and rewrite the offence of holding and transporting fuel linked to supplying drug-running boats.
Parliamentary stage
- Current stage
- Justice Committee — amendments stage
- Checked on
- File number
- 124/000016
- Text as tabled
- Official gazette · file 124/000016
The stage shown is the one recorded in the Congress open data on the date indicated. A bill in progress is not law: until it is eventually published in the official state gazette, the text in force set out below applies.
What would change, section by section
On the left, the text in force checked against the consolidated version; on the right, what the tabled text says.
Art. 368 CP
Text in force
Three to six years’ imprisonment and a fine of one to three times the value where the substance seriously harms health; one to three years and a fine of one to two times the value in other cases. The second paragraph allows a one-band reduction for minor conduct.
Text as tabled
The three to six year band stays, and the penalty for the remaining cases rises from one to three years to two to four years’ imprisonment. The reduction for minor conduct remains, with the same exclusion where sections 369 bis or 370 apply.
Art. 551.3.º CP
Text in force
Aggravates assault on an authority, an officer or a public official carried out using a motor vehicle.
Text as tabled
A vessel would be added alongside the motor vehicle.
Art. 568 CP
Text in force
Subsection 1 punishes unauthorised holding, storage, manufacture, trafficking, transport or supply of explosives and flammable substances with four to eight years for promoters and organisers and three to five years for those cooperating. Subsection 2 sets three to five years where the flammable substance is a liquid fuel, with a possible reduction for minor conduct.
Text as tabled
The section would be rewritten as a single block: the four to eight and three to five year penalties of the first paragraph remain, and the same penalties would apply to holding, storing or transporting liquid fuel with manifest recklessness, outside authorised cases, in quantities above 20 litres. The express reduction for minor conduct in the current subsection 2 disappears.
Who it affects
Cases involving substances that do not seriously harm health, where a two-year minimum affects any suspended sentence, and proceedings for fuel supply and for assault during maritime operations.
Related pages
Source: the text published in the official parliamentary gazette and the Congress of Deputies open data on legislative initiatives. Informational content; it does not replace the study of a specific case.
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