Artículo derecho penal delito drogas.
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Delitos contra la salud

Tráfico Drogas.  De forma resumida debemos conceptualizar que  nuestro código penal tipifica el tráfico, elaboración o cultivo de drogas pero no su consumo, aunque si aquellos que favorezcan o faciliten este consumo ilegal. Por este motivo es determinante este factor para concretar la presencia de delito o no.

Debemos destacar que para encontrarnos ante un delito tenemos lógicamente, que encontrarnos  ante drogas  ilegales puesto que también existen en nuestro país drogas legales como pueden ser el alcohol o el tabaco; todo ello en concordancia con la propia definición del concepto  DROGA que establecer la Organización Mundial de la Salud (OMS), siendo este el más utilizado en la actualidad.

El artículo  368 de nuestro vigente Código Penal establece “Los que ejecuten actos de cultivo, elaboración o tráfico, o de otro modo promuevan, favorezcan o faciliten el consumo ilegal de drogas tóxicas, estupefacientes o sustancias psicotrópicas, o las posean con aquellos fines

 En este ámbito nuestra jurisprudencia ha venido estableciendo una serie de cantidades en la que se presume la sustancia viene destinada al tráfico y no al consumo propio.

No obstante estas presunciones pueden verse modificadas.

Abogados JJF Derecho Penal.

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