Drug Abuse

PART A. SUMMARY

In recent years, Spanish drug laws have shown a markedly punitive trend. This is apparent mainly from a widening of drug-related behaviours that are subject to sanctions — not only at criminal level but also through measures imposed by the administrative authorities to deal with the public use and possession of drugs.

Non-therapeutic drug use is certainly unlawful in Spain. The 1967 Ley de estupefacientes (Law on narcotic drugs) t stated this but did not specify any penalty. In 1992 however, through the Ley sobre ProtecciOn de la Seguridad Ciudadana (Law on the protection of public safety)2, administrative penalties were introduced for consuming drugs in public places and for tolerance of drug use by proprietors of premises open to the public. The impunity of drug consumption has been defended from various perspectives: from the constitutional perspective, penal sanction of drug consumption is considered to be in contradiction to individual freedom, as widely recognized by the Constitution. Also the equality principle might be infringed if drug consumption is punished in the same way as traffic. Whereas public consumption is an administrative offence, any other form of behaviour that promotes, encourages or facilitates illegal consumption constitutes the offence of drug trafficking. Conduct is defined as inducing drug use, or the advertising and promotion of drugs, therefore, falls within this broad category of trafficking. However, the jurisprudence in the matter does not regard it as an offence to hand out drugs free of charge for immediate use, when there is no risk of indiscriminate dissemination or of dissemination among people not dependent on them, or if small quantities are given as gifts among habitual users and friends.

A particular feature of crime policy relating to drugs in Spain is that for over twenty years, possessing drugs (not for the purpose of dealing in them) has not been characterized as an offence. However, since 1992 the possession of drugs, even if not for this purpose, has been a serious administrative offence against public safety.

Drug trafficking is an offence under the Codigo Penal (Criminal Code). Since the 1983 Reform' different penalties have been imposed depending on the class of drug, drawing a distinction between substances which cause serious damage to health and others. It is quite common for a drug user also to be dealing in drugs in order to support his addiction. Spanish criminal law does not specifically cover these cases, but in a general sense, no offence will be committed in the case of complete intoxication or where there is a withdrawal syndrome. If there is complete non-imputability the effect will be full exemption; when it is incomplete, the penalty will be reduced. Provision is also made for specific mitigation of the penalty for persons who commit offences as a result of being seriously addicted. As regards the conditional suspension of the penalty, this applies particularly (where the penalty is up to three years' imprisonment) to drug dependent, non-habitual offenders who commit offences because of their dependence on drugs and who are willing to undergo treatment.

The penalties for drug trafficking are increased where particular qualifying circumstances occur in combination, including those defined in international instruments: especially membership of an organisation or association, or where the protagonist is a public authority or official or a doctor; supplying drugs to minors; disseminating drugs in educational centres, military units or penal establishments; use by those under the age of 16, etc. The aggravating factor is very important, and may lead to penalties of over twenty years' imprisonment in certain instances of trafficking in "hard" drugs.

Criminal sanctions are also provided under Spanish law for money laundering and dealing in precursors. The influence of international rules in this respect is so significant that some of the international precepts have been incorporated almost literally.

PART B DESCRIPTION AND ANALYSIS OF LAWS

B.1.    Drug use.

B.1.1 Measures on drug use per se.

(a)    Legal Measures

In Spanish law drug use is, formally, an unlawful conduct. The 1967 Ley de Estupefacientes placed under state control the substances listed in the annexes to the UN 1961 Convention, declaring them to be prohibited (especially the substances in List IV) and that their production, manufacture, trade, possession or use was not permitted, except "for the purpose of medical and scientific research". This declaration was not followed up by any specific sanction; the law went no further than to regulate intervention with drug addicts through government action to detain them for observation and treatment, as in the case of the mentally ill.

The lack of penal sanction of drug consumption finds constitutional support: penal sanction of drug consumption contradicts individual freedom, a superior value of the Spanish legal system, according to art. 1 of the Constituci6n (Constitution) and a right also recognised by art. 17 of the same constitutional text. It is also observed that punishment of drug consumption in the same way as trafficking may contravene the equality principle (arts. 1; 9.2; and 14 of the Constitucién), because it would submit to the same legal treatment to acts and behaviours that are highly diverse.

The lack of any explicit sanction for drug use persisted until the Ley sobre Protecci6n de la Seguridad Ciudadana. This law penalises as grave administrative offences the use of drugs in public places and other related conduct, such as tolerance of drug use or drug dealing in public establishments, or the abandonment in public places of instruments used for drug taking. These will be looked at in sections B.1.3 and B.2.3.

(b)    Intensity of the Measure

Drug use is conduct for which, generally speaking, there are no sanctions except in the cases indicated (see B.1.2).

(c)    Judicial/Administrative Procedures Followed

Internment by Government agencies has disappeared from Spanish law; it has been replaced by internment under the C6digo Civil (Civil Code) (art. 211).4 This requires the person to be psychiatrically disturbed and there must be prior authorisation from a court. There is also provision for emergency internment, to be followed by authorisation from a court within 24 hours. The level is PF.iii.

(d)    Passage of this law

According to the 1967 Ley de Estupefaeientes, the purpose of public action relating to narcotic drugs is to protect the physical and mental health of the population, which may be adversely affected by the use and consumption of narcotics. Appropriate measures are provided to attain this end: state intervention in the sector of narcotic drugs at all stages, from production to consumption; the putting in place of organisational measures to meet specific administrative and policing needs, and the setting up of welfare centres.

In the preparatory phase of the reform of the C6digo Penal in 19922,5 the Popular Group proposed that criminal sanctions should be introduced for drug use, which in its opinion was a requirement of the UN 1988 Convention (UN 1988). The debate focused on deciding whether, notwithstanding constitutional principles and the fundamental concepts of the legal system, the Convention does in fact enshrine an obligation. The Socialist Group, which was then in government, argued that compliance with the requirement was optional.'

(e)    International/EU Compliance

The purpose of the 1967 Ley de Estupefacientes was to incorporate into Spanish law the provisions of UN 1961.

As regards UN 1988, the dominant opinion is that the provision in article 3.2 is optional for States.

B.1.2. Use in a group, gifts/exchanges of drugs

(a)    Legal Measures in force

Drug use in public (by individuals or groups) is an administrative offence (B.1.3).

With regard to gifts, article 368 of the new C6digo PenaP covers acts of cultivating, processing or trafficking in drugs, or promoting, encouraging or facilitating in any other manner the illegal consumption of toxic or narcotic drugs or psychotropic substances. Possession of drugs "for those purposes" is equated with drug trafficking.

These expressions, which are full of ambiguity (and which spring from the reform of the previous C6digo Penal in 1988),8 attempt to cover for the purposes of'the criminal law, in line with international requirements, all contact with illicit drugs. They also undoubtedly include gifts of drugs (and bartering), which is a possible means of encouraging illegal use. This was not always the case in recent years; although the amended text of the previous Cédigo Penal (1973), following upon UN 1961, specifically mentioned gifts (together with sales, cultivation, transport) within the range of indictable acts in article 344 (the offence of drug trafficking), the 1983 reform was based on a more restrictive concept of trafficking, which in principle seemed to exclude gifts.

In any case, the current trend of case law is to introduce restrictive criteria and to treat free exchanges of drugs for immediate consumption and without the risk of dissemination among people not dependent on drugs, as being outside the range of trafficking: for example, among the community of addicts for the purpose of shared consumption, or the gift of small quantities among habitual users and friends, to avoid a withdrawal crisis or to ensure reciprocal treatment for themselves in future. For instance, in recent times the setting up of a common fund by a number of addicts for the purpose of acquiring drugs for consumption among themselves has been declared not a matter for prosecution (personal use).9

(b)    Intensity of Measure

For gifts of drugs defined as an offence, the penalties are the same as for drug trafficking (13.3.1.b).

In the case of drugs handed over for shared consumption, or shared consumption itself, administrative sanctions will only apply if the consumption as a group takes place in public (13.1.3).

B.1.3 Aggravated circumstances of drug use (including public use, nuisance relating to use or attempts to purchase drugs)

(a)    Legal Measures in force

Unauthorised drug use is illegal, but will only constitute a serious administrative offence if it takes place in public places or establishments or on public transport. To abandon in these public places equipment or instruments used for the purpose of drug use is likewise an administrative offence (art. 25.1, Ley sobre Protecciem de la Seguridad Ciudadana); if the abandonment of syringes and other dangerous instruments occurs "in a manner or in circumstances which could cause damage to persons or transmit disease, or in places frequented by minors", the facts constitute a minor criminal offence, according to article 530 of the Cédigo Penal.

Tolerance of illegal use or dealing in illicit drugs in public premises or establishments, or a want of diligence in preventing it on the part of their proprietors, administrators or employees, is also a serious administrative offence (article 23 h). Therefore, not only tolerance of drug use in public premises or establishments is to be punished, but also tolerance of drug trafficking, although it is not a criminal offence. This breach of the law may be regarded as very serious depending on the risk or damage caused, or when it involves a threat to public health or would undermine the operations of public services, public transport or the regularity of supplies, or has been accompanied by group violence or threatening behaviour (article 24).

(b)    Intensity of Measure

The penalties laid down for serious breaches of law are one (or several) of the following: a fine of 50,001 to 5,000,000 pesetas (NIM Code: EIM.iii); confiscation of the instruments and articles or of the toxic and narcotic drugs or psychotropic substances (NIM Code: E1M.i); suspension of a driving licence for up to three months and withdrawal of any arms permit or licence (MM Code: EIM.ii).

If the guilty persons are foreigners, these penalties will be replaced by expulsion.

The penalties, with a prescription period of two years (article 28), may be suspended "if the guilty person submits to withdrawal treatment" (article 25.2). The procedure for suspended penalties, regulated in 1993,'° confers competence on the same authority as that which imposed the administrative penalty, and requires the treatment to take place in properly accredited, authorised and supervised centres or services. If the person concerned discharges his undertaking satisfactorily, full or partial remission will be granted of the penalty or penalties imposed. Complete or partial failure to perform it, unilateral abandonment of the treatment, commission of a further breach consisting of the use of drugs in public places, or of an offence against public health connected with drugs during the treatment or any extension of it, will result in the competent authority ordering enforcement of the penalty.

When the breach of law consisting of tolerance of drug use or drug trafficking is of a very serious character, the following may be ordered:

(a)    a fine of 5,000,001 to one hundred million pesetas (NIM Code: EIM.iii);
(b)    confiscation of the instruments or articles used to commit the breaches, and especially of the drugs (NIM Code: E1M.i);
(c)    closure of the premises or establishments for six months and one day up to two years (NIM Code: EIM.ii).

In serious cases of re-offending, the suspension and closure may be ordered for two years and one day up to six years. If the persons responsible are foreigners, the penalties will be replaced by deportation. The prescription period for very serious breaches is four years (article 28).

As regards the minor criminal breach (article 530 C6digo Penal) consisting of the abandonment of syringes and other dangerous instruments, the following penalties are prescribed:

(a)    3 to 5 weekend detentions (NIM Code: EIM.iii) or
(b)    a fine of one to two months pay (NIM Code: EIM.iii).
(c)    Judicial/Administrative Procedures Followed

The administrative authorities competent to order penalties must respect the legally-established administrative procedure for imposing penalties, inspired by the principles of hearing the interested party and holding speedy, economical summary proceedings.

Spanish administrative procedure recognises all the rights and guarantees pertaining to a criminal trial (the principle of legality, the presumption of innocence, ne bis in idem, etc). A problem arises with regard to the right to an independent and impartial judge: the administration is, in a sense, both judge and party. Thus a separation is observed between the prosecuting official and the body imposing the sanction, both of which are subject to legality, to the public interest and to the principle that arbitrary decisions must be banned. Once the administrative process has taken its course, in contentious cases administrative sanctions may be appealed against before the administrative court, which consists of independent and impartial judges, and which complies fully with article 6 of the European Convention on Human Rights. However, the penalties imposed are applied as soon as the administrative procedure has concluded, and the interposition of a contentious appeal is no bar to the execution of the penalty, unless the Court suspends it because it may give rise to damage or harm which will be impossible or difficult to repair.

Consequently, the level would be PF.iii.

Once the sanctions procedure has begun, the authority may adopt such interim measures as are necessary to ensure the proceedings run their normal course, in order to prevent fresh breaches of law or to ensure discharge of a penalty. These measures, which are either preventive or are designed to maintain or restore public safety, must be appropriate to the nature and gravity of the breach. They may, for example, consist of placing the drugs in a safe place, the suspension or preventive closure of premises or establishments, or the preventive withdrawal of authorisations, licences or permits. They are not sanctions properly speaking, but if they were would be listed according to the NIM code: EIM.ii.

As regards minor criminal breaches (article 530 Cédigo Penal) consisting of the abandonment of syringes and other dangerous instruments, the procedure to be followed is the criminal procedure, which complies with all the guarantees (level: PF.iii).

(d)    International/EU Compliance

The Spanish official position takes the view that since 1992 Spain has been complying with the requirements of the UN 1988 Convention, which "empowers" States to impose criminal penalties for possessing drugs for personal use (article 3.2).

B.1.4. Incitement to use drugs, or corresponding national legal formula — reckless publicity, promotion, or whatever. Conspiracy to use?

(a)    Legal Measures in force

The broad scope of article 368 of the C6digo Penal allows room for incitement (as a drug trafficking offence) and, in express terms, for the promotion of drug use. Publicity is also covered by the legal language used. Besides, inducing a person to commit any offence is conduct generally punishable under Spanish law (article 28) and is punished in the same way as the actual commission of the offence.

Article 373 also provides criminal sanctions for preparatory acts, which constitute conspiracy, and for proposing or inciting to the offences covered by articles 368 et seq. of the Cédigo Penal (a penalty reduced by one or two degrees").

(b)    Intensity of Measure

The punishable offences are treated as trafficking offences under the Codigo Penal see B.3.1.b)

(c)    Judicial/Administrative Procedure Followed

All criminal proceedings in Spain comply with the maximum procedural guarantees, and specifically with the right to an impartial judge (level PF.iii).

(e)    International/EU Compliance

Spanish law is largely adapted to UN 1988, and covers its requirements in terms of sanctions.

B.1.5. Any other legal measures on drug use (not possession).

(a)    Legal Measures

In recent years, a number of Autonomous Communities have adopted laws relating to drug dependence,' introducing restrictions on the advertising, promotion, sale and consumption of alcoholic beverages and tobacco. Some of these laws refer to the
prescription, dispensing and control of narcotic drugs and psychotropic substances.'3

As regards the prescription and dispensing of narcotic drugs for human consumption, the Orden (Order) of 25 April 1994'4 regulates the system for prescribing medicines and the special requirements for particular substances. At the same time, on the basis of a positive assessment of the experiment begun in 1990,'s in 1996'6 the range of treatments of addicts with opiates was extended; there is no longer a requirement to have followed some other course of treatment based on a confirmed diagnosis of dependence; new substances are included, and the list of bodies or professionals authorised to prescribe these treatments has been extended.

Unlawful conduct under the C6cligo Penal includes driving motor vehicles (or motor cycles) under the influence of drugs (article 379), conduct which is traditionally associated with the practice of testing for drunkenness. Now that these tests have been regulated afresh by the Ley sobre trcifico, circulacién de vehiculos a motor y seguridad vial (Law on traffic, circulation of vehicles and road safety)'' (article 12), the new Criminal Code contains an express definition, as the offence of grave disobedience, of the refusal to submit to these tests (article 380), which the Tribunal Constitucional (Constitutional Court) has now found not unconstitutional.18

In addition, when a drug user commits a serious breach of law under the influence of drugs or because of them, the new C6digo Penal allows him to be exempted from criminal responsibility if the intoxication was complete and was not sought with the intention of committing the offence. This also applies to the withdrawal syndrome, which may make it impossible to understand the unlawfulness of the act or to act according to that understanding (article 20.2). The exemption may be incomplete if the exclusion of non-imputability was not complete, which will then be a mitigating factor resulting in a reduction of the penalty by one or two degrees. Both in cases of full non-imputability, and in cases of semi-imputability, safety measures should be imposed including, if necessary, internment in a detoxification centre for a period up to the time for which the penalty of deprivation of liberty would have lasted (if the subject has been found responsible); alternatively, some other measure which does not involve deprivation of liberty.

Independently of the foregoing, article 21.2 includes among the attenuating circumstances the situation where the action of the guilty person has been caused by serious drug addiction.

Article 87 governs the conditional suspension of penalties of deprivation of liberty (for up to three years) for drug dependent, non-habitual offenders who, having committed the offence because of their dependence, have withdrawn from drug use or are undergoing treatment.

(b)    Intensity of Measure

The sanctions for criminal acts are as follows:

Driving under the influence: penalty of eight to twelve weekends of detention (EIM.iii), or a fine of three to eight months' pay (EIM.iii), and in all cases, withdrawal of the right to drive motor vehicles and motor cycles for one to four years (EIM.iii).

Refusal to submit to the test for drunkenness: imprisonment for six months to one year (ratio NIM: 5%;1' level EIM.iii).

As regards the safety measures, if treated as penalties they would correspond to level EIM.iii.

(c)    Judicial/Administrative Procedures Followed

Conduct which is a criminal offence is judged in criminal proceedings, with all the guarantees (level PF.iii).
Safety measures, which must always be subsequent to the offence, may be imposed only in the context of criminal proceedings.

(d)    Passage of this law

While the new Codigo Penal was being prepared, there was considerable parliamentary debate." The Popular Group asked for an express requirement, in the case of the driving offence, that the intoxication should have made it impossible to drive "with the necessary degree of safety". The governing Socialist Group recalled that both the Tribunal Supremo (Supreme Court) and the Tribunal Constitucional had already stated that requirement with regard to the previous rule.

The Popular Group also criticised as unconstitutional the obligation to submit to tests for drunkenness. The United Left coalition took the view that an administrative sanction would be enough. The Socialist Group defended the constitutionality of the obligation to undergo tests and the treatment of a refusal as the offence of disobedience.21

B.1.6 Policing in relation to drug users OR drug possession (for personal use).

(a)    Legal Measures in force

The police may limit or restrict for such time as may be necessary the right to move about or stay on the public highway or in public places, in order to restore order, public safety or peaceful coexistence. They may also take into preventive custody articles or instruments which may be used for illegal acts, and may deal with them as the law requires (article 19.1, Ley sobre Proteccién de la Seguridad Ciudadana). In order to detect and detain participants in an offence which causes serious social disturbance and to collect up the instruments or articles or proofs of the offence, controls may be set up on public roads or in public places or establishments in order to identify persons passing through or present in them; vehicles may be registered and superficial inspections made of personal effects, in order to ascertain whether prohibited or dangerous substances or instruments are being carried. The results of these measures must immediately be made known to the public prosecutor (article 19.2).

The public authorities may directly order, as an exceptional measure and in cases of serious risk or imminent danger to the public, that the drugs are deposited in a safe place, until the order is confirmed or revoked by the competent authority. The maximum duration of this arrangement is 48 hours (article 36.4 of the Ley sobre Protecci6n de la Seguridad Ciudadana).

Identity checks may also be carried out and verified as appropriate on the public roads or wherever the requirement for them occurs. If individuals cannot be identified, they may be escorted to nearby offices where the necessary means of identification are available, for this purpose only and for the length of time which may be required (article 20).

Under the 1992 Ley sobre Protecci6n de la Seguridad Ciudadana, the concept of flagrancy was widened with respect to drug offences. According to the original wording of article 21.2, which had been heavily criticised, it was enough to have "substantiated knowledge" that "prompts the conclusion" that such an offence "is being committed or has just been committed", provided that urgent intervention has been necessary to prevent the offence from being completed, the offender from taking flight or the disappearance of the articles or instruments used to commit the offence. Article 21.2 was cancelled by the Tribunal Constitucional."

(b)    Intensity of Measure

The temporary limitations or restrictions on moving about or staying on the public roads or in public places, preventive seizure of articles or instruments, checks on public roads, identification of individuals, registration of vehicles or superficial checks on personal effects in order to ascertain that drugs are not being carried, correspond to the terms of code EIM at level EIM.i.

(c)    Administrative/Judicial Procedures Followed

There are no administrative or judicial procedures properly speaking, although the findings of the investigations have to be made known immediately to the public prosecutor. However, the persons concerned may at any time lodge an administrative appeal against the measures taken if they consider that they constitute an offence.

B.2    Possession (not for supply)
B.2.1 Measures on drug possession not considered supply
(a)    Legal Measures in force

For over twenty years there have been no criminal penalties in Spanish law for possession of drugs (not with the intention of dealing in them). The Tribunal Supremo (Supreme Court)," expressly mentioning "possession" as conduct typically covered by the former article 344, interpreted this as meaning solely possession for the purpose of trafficking, leaving outside the scope of the criminal sanction possession for one's own use; the consumer (who was "sick"), was not to be punished, but weaned off drugs. The law then in force was the Ley sobre Peligrosidad y Rehabilitaci6n Social (Law on Dangerousness and Social Rehabilitation)," in which article 2 (7) defined as a "dangerous state" the condition of habitual inebriation and addiction. The "measures" to be applied to such people were therapeutic isolation or outpatient treatment (pending a cure), and other measures not involving deprivation of freedom.

This judgement, which was followed consistently, was upheld in the text of the 1983 C6digo Penal, which referred merely to possession for the purpose of trafficking. The reformulation of article 344 in 1988 extended the boundaries of punishable possession, referring - as does Article 368 of the new 1995 Cédigo Penal - to possession "for those purposes", but did not alter the case law principle, which maintained (and still does) that possession for one's own use is not a criminal offence. However, possession is not lawful. The 1967 Ley de Estupefacientes placed under state control the substances in the lists annexed to the UN 1961 Convention, declaring them to be prohibited (especially those in List IV) and banning their production or manufacture, trafficking in them and their possession or use, except for medical or scientific purposes and with strict control on quantities. But no administrative sanctions were provided, and (perhaps because it was thought that possession would be sanctioned by the C6digo Penal or through the law on smuggling), the law went no further than to provide for detention of addicts by a government agency in order to observe and treat them, in accordance with the regulations governing the mentally ill.

The lack of any specific sanction for possession came to an end with the Ley sobre Proteccién de la Seguridad Ciudadana (1992). This includes among "serious" breaches of public safety the unlawful possession of drugs "even if not intended for the purpose of trafficking" (article 25.1). From the 1967 Law and subsequent legislation' it follows that illicit possession is the holding of drugs without administrative authorisation or without complying with the formalities laid down.
In any event, there is a broader interpretation to the effect that, since private consumption of drugs is not a punishable matter, nor is the possession of drugs for one's own use in places which are not open to the public, for example, "a private house"."

Since possession for one's own use falls outside the legal definition of the offence, it is necessary to decide when it is in fact for private use and when it is intended for trafficking. The C6digo Penal does not offer any criterion. The jurisprudence has gradually defined certain criteria: whether or not the use is habitual; the place and manner in which the drug is found; whether it is concealed; whether cash is involved; whether any instruments or tools for the distribution of the drug are found; any handling effected on the drug; and the actual quantity of the drug held. The limits laid down in the jurisprudence are 40-100 grammes in the case of hashish; for heroin, between 1.5 and 3 grammes; for cocaine, 5 grammes, and for LSD 30-50 doses.

(b)    Intensity of Measure

The sanctions laid down (and the options for suspended penalties) are those explained in B.1.2 b).

(c)    Judicial/Administrative Procedures Followed

See B.1.2. (c).

(d)    Passage of this law

During the parliamentary debate on the Ley sobre Proteccién de la Seguridad Ciudadana," the opposition claimed that drug possession was already treated as a criminal offence under the C6digo Penal, and that administrative sanctions were not necessary.

For its part, the Opinion issued by the Consejo General del Poder Judicial (General Council of the Judiciary)" on the draft law stated that private possession for one's own use should not be treated as a breach of administrative law, and this was reflected in police instructions (see 13.2.1 b).

With a view to reforming the 1992 Cédigo Penal, the Popular Group proposed making it a criminal offence to possess drugs for personal use, in line with UN 1988. This was more to increase the general preventive effect than to provide a direct sanction, since the proposed penalty was only slight and would readily result in its being suspended.29As with consumption (B.1.1d), by making the penalty for possession subject to constitutional principles and to the fundamental concepts of the legal order, it was considered that there was no specific obligation deriving from UN 1988 and that it was for the countries concerned to devise ways of implementing it.'"

(e)    International/EU Compliance

In the light of the foregoing interpretation, in Spain it is considered that the rules in force concerning drug possession (not constituting drug trafficking) are in line with UN 1988, although possession not for the purpose of trafficking is outside the scope of the criminal law and is a mere breach, subject only to administrative penalties (in practice, where it occurs in public places).

B.2.2    Means of achieving self-supply for personal use, if considered separate from supply offences in general

In Spanish law, there is no difference of treatment as regards acts of cultivation or any others intended to obtain drugs for one's own use, which must be subjected to the same treatment as possession with this aim.

B.2.3    Facilitating possession by others

Tolerance of illegal use or trafficking in drugs in public premises or establishments, or a lack of diligence in preventing this on the part of proprietors, administrators or employees of such places, is also a serious administrative breach (article 23(h) of the Ley sobre Protecciem de la Seguridad Ciudadana). It is not therefore only tolerance of drug use in public premises or establishments which is punished, but also tolerance — which facilitate possession — of drug trafficking, although this is not an offence as such (ne bis in idem). The breach will become a very serious one — depending on the risk or damage caused — when it involves a threat to public health, to the operation of public services or public transport or if it is accompanied by group violence or menace (article 24).

The conduct may also constitute an offence of drug trafficking under the all-embracing rules on punishable conduct (article 368). The same applies to an intermediary, either engaging in wrongful collaboration or having himself directly committed acts of trafficking. See, nevertheless, B.1.2. (a).

(b)    Intensity of Measure

The penalties to be imposed by the authorities against conduct constituting tolerance of trafficking are the same as in 11.1.3.

If the conduct constitutes an offence, the penalties are those described in paragraph B.1.4 (b).

(c)    Judicial/Administrative Procedures Followed

For the administrative procedure, see B.1.3 (c).

If the conduct is regarded as an offence, it will be handled in accordance with the , criminal procedure (Level PF.iii).

B.2.4 Incitement to possess

(a)    Legal Measures in force

Article 368 of the Cédigo Penal sanctions the promotion, encouragement or facilitation of illegal drug use, and therefore covers any kind of incitement or inducement (which is always punishable in the case of criminal offences: article 28) to the possession of drugs, provided these can be regarded as facilitating illegal use; they would be "another way" of encouraging illegal drug use. This provision includes propaganda for drugs and lending or giving money to someone to enable him to acquire drugs for his own use.
Among the offences relating to drugs, the preparatory acts of conspiring, proposing and provocation are also punishable (article 373: penalty reduced by one or two degrees).

(b)    Intensity of Measure

As these forms of conduct are offences, the penalties to be imposed are those described in paragraph B.1.4 (b).

B.2.5 Any other measure on possession (when not related to supply)

B.3    Supply (including possession related to supply)

B.3.I National measures on supply (a)    Legal Measures in force

Drug trafficking is an offence under Spanish law. Drug trafficking offences, in the strict sense, are covered by the new C6digo Penal of 1995, in articles 368 to 370. Article 368 penalises the acts of cultivation, processing or trafficking, or any other acts which promote, encourage or facilitate the illegal use of toxic or narcotic drugs or psychotropic substances. Possession "for those purposes" is equated to trafficking. For penal purposes, since 1983 a distinction has been drawn between substances which cause grave damage to health, and other cases. This distinction has generally been identified with the more popular categorisation as between hard and soft drugs. In legal theory,' for reasons of legal security, a distinction was requested some time ago as between different substances, by placing them in different officially approved lists. This request has not been met.

Outside the Codigo Penal, the new Ley de represi6n del contrabando (Law on the repression of contraband)" treats as an offence the import, export, production, sale, possession, dissemination or reprocessing of toxic or narcotic drugs and psychotropic substances and substances listed as precursors, if carried out without fulfilling the legal requirements. The existence of this dual form of regulation (Criminal Code — Law on Contraband) has led to a number of problems. Although traditionally case law has followed the path of ideal concurrence between offences (the penalty for the more serious offence being in the upper half of the range), the recent Sentencia del Tribunal Supremo (Sala segunda) (Decision of the Supreme Court (2nd chamber) of 1 December 1997, confines the offences to drug trafficking, and takes the view — as does the bulk of legal theory' — that this is a conflict of rules in which the rules of the &Vigo Penal should take precedence.

It very often happens that habitual drug users resort to trafficking in the substance in order to finance their own addiction, which may have consequences for their criminal responsibility (see B.1.5.a).

(b)    Intensity of Measure

The COdigo Penal prescribes different penalties for trafficking, depending on the category of drug.

The penalties to be imposed in the case of substances which cause grave damage to health ("hard drugs") are imprisonment for three to nine years and a fine equivalent to three times the value of the drug. Where the prison term is nine years, in a country where the maximum sentence for the most serious offences is 20 years or, exceptionally, 25 or 30 years, the ratio in terms of the NIM code is 45%. A proportional fine is also prescribed, of three times the value of the drug (EIM.iii).
In other cases the penalties are imprisonment for one to three years and a fine equivalent to twice the value. The ratio of the prison sentence, according to the NIM code, is 15%. The proportional fine, of twice the value of the drug, corresponds to the level EIM.iii.

There also exists the disqualification from public employment or office, from a profession, from industry or commerce (for 3-10 years) if the acts were committed by a businessman, an intermediary in the financial sector, a doctor, a public official, a social worker, a teacher or an educator in the course of his or her duties, profession or office. The bar will become absolute (10-20 years) if the acts were committed by a public authority or agent in the course of their official duty; this sanction corresponds to level EIM.iii.

It is also obligatory, under article 374, to confiscate the drugs or substances and the equipment, materials, vehicles, ships, aircraft and other products, goods, articles or instruments which have been used to commit the offences or which proceed from them, and th t profits made, whatever processing may have occurred. The restriction on confiscation — which may take place in the form of a deposit as soon as initial inquiries are made and until the judicial police is authorised to confiscate provisionally "with the necessary guarantees, for the purpose of conservation" — is that the goods and other items must belong to a third party acting in good faith and not responsible for the offence.
In the 1995 C6digo Penal confiscation is not a penalty, but an auxiliary consequence which accompanies the offence. In 1994 a special regulation was introduced on the destruction of confiscated drugs35 and in 1995 a state fund was set up for goods confiscated on the grounds of drug trafficking and other related offences.' This is intended to serve certain specific purposes: 1. — Programmes for the prevention of drug addiction, assistance to drug dependent persons and their rehabilitation into society and employment; 2. — Prevention, investigation, prosecution and sanctions, including the cost of obtaining evidence and of purchasing materials and reimbursing legitimate expenditure incurred; and 3. — International cooperation. Article 338 of the Ley de Enjuiciamiento Criminal (Law on Criminal Procedure) also deals with the destruction of confiscated drugs.

In terms of comparative codes, confiscation falls under level EIM.iii.

For the criminal responsibility of a drug addict who commits any kind of offence, and the possible measures which can be imposed, see B.1.5.

(c)    Judicial/Administrative Procedures Followed

Since this is a criminal matter, the procedure to be followed is that usually followed in criminal cases (Level PF.iii).

(d)    Passage of this law

During the parliamentary debate on the new C6digo Penal, and the separate discussion on the amendments submitted, there was some debate on criminal policy relating to drug trafficking. Almost no group ventured to question the official policy. From the United Left coalition there was a reference to policies on prevention and the need to progress in the debate about decriminalising the drug trade. The majority in Parliament was in favour of stepping up preventive policies, while maintaining the need for repression,'

(e)    International/EU Compliance

Spanish rules on drug trafficking comply fully with United Nations conventions. As regards UN 1988, the wording is generally so broad that it covers preparatory acts and participation in the offence equally. It is also appropriate as regards the imposition of safety measures, since UN 1988 enables the parties to subject an offender to measures of treatment, education, follow-up treatment, and social rehabilitation or reintegration, although as an adjunct to or a substitute for a sentence.

B.3.2. Other criminal offences which may be applied to drug supply

(a)    Legal Measures

On the basis of the categories defined in article 368, article 369 sets out further qualified categories, which may occur in certain sets of circumstances. Some of these refer to the protagonist: if he is a person in authority, a doctor, a public official, a social worker, a teacher, or an educator, abusing his profession, office or official role; if he belongs to an organisation or association' which exists for the purpose of trafficking in drugs; if he takes part in other organised criminal activities, the execution of which is facilitated by committing the offence; or if he is an official or employee of the public establishment in which the acts were committed.

Other qualifying circumstances have to do with the recipients or potential users of the substances involved in the trafficking, or the persons used to commit the offence: supplying the drug to minors under 18 or to young people with a physical handicap, or to persons undergoing withdrawal or rehabilitation treatment; introducing the drug or disseminating it in educational institutions, military quarters, penal establishments or social welfare centres; using under-16s to commit the offence.

Finally, there are aggravating circumstances which may derive from the substances themselves: an increase in the potential damage to health by adulterating, manipulating or mixing the substances; quantities of significant size. In practice (since none are fixed by law): cannabis and its derivatives, 1,000 grammes; oil 120- 200 grammes; marihuana 5 kilos; heroin (and opiates), 60-80 grammes, depending on richness or purity; cocaine, from 120 grammes; coca leaves, 400 grammes; LSD, ecstasy, amphetamines; from 200 doses.

Article 370 adds to the foregoing a second qualification when the facts are of "extreme gravity", or those involved are heads, administrators or employees of organisations or associations engaging, even occasionally, in the dissemination of illicit drugs.

Provision is also made for international recidivism (article 375), taking into account, in assessing the aggravating factor of the re-offence, sentences passed by foreign courts for these offences.
Thépreparatory stages of drug trafficking — conspiracy and proposing and inciting to offend — are punished by a penalty reduced by one or two degrees (article 373).

(b)    Intensity of Measure

As regards the first degree qualifications, the penalty is imprisonment of 9 to 13 and a half years, in the case of drugs which gravely damage health (NIM: 65%, compared with the ordinary limit of imprisonment: 20 years").

The penalties are three to four and a half years' imprisonment in other cases (NIM: 15%).

A fine is also imposed which is equivalent to four times the value (EIM.iii).

With regard to the second-degree qualifications (extreme gravity, heads of organisations), the penalty of imprisonment ranges from 13 and a half years to 20 years 3 months, in the case of hard drugs (NIM: 101.25%, compared with the ordinary limit of imprisonment: 20 years").

In the other cases, the second-degree aggravation will add imprisonment of 4 years six months to six years nine months (NIM: 33.75%41).

There is also a fine equivalent to six times the value (EIM.iii).

For organisations, or when the acts are carried out in establishments open to the public, there are measures of dissolution, suspension or closure, and a prohibition against certain activities. If these measures are regarded as sanctions, the classification will be at level EIM.iii.

(e)    International/EU Compliance

Spanish regulations provide for all the circumstances covered in article 3.5 of UN 1988 (including international recidivism) and go further, by introducing qualifying circumstances of their own.

B.3.3    Policing in relation to supply

(a)    Legal Measures in force

Specific legislative reforms intended to assist the prosecution of drug trafficking offences are based on the creation in 1988 of the Fiscalia Especial para la Prevencién y Represién del tràfico ilegal de drogas (Special Prosecutor's Office for the Prevention and Punishment of Illegal Drug Trafficking)." The Office is competent to coordinate investigations into drug trafficking offences and to monitor the treatment of drug dependent persons on conditional release. It also deals with the promotion and provision of international judicial assistance (including extradition and so-called "hot pursuit": articles 40 and 41 of the Schengen Agreement"). Article 376 of the new Cédigo Penal allows for the reasoned imposition of a penalty reduced by one or two degrees if the subject voluntarily gives up the criminal activities, presents himself to the authorities to confess to the acts and also collaborates actively in preventing the offence, obtaining evidence or preventing the activities of the organisations to which he has belonged.

Furthermore, the Ley Org6nica del Poder Judicial (Organic Law on the Judiciary)" subjects drug trafficking offences to the criterion of universal jurisdiction or international justice, so that the offences can be prosecuted whatever the nationality of the perpetrator or the place where they were committed (article 23.4 0.

In 1992, to implement the undertaking assumed by signing the Schengen Agreement (article 73) and the provisions of articles 3.1 and 11 of UN 1988, a clause was inserted into the Ley de Enjuiciamiento Criminal (Law of Criminal Procedure)" to permit the circulation or controlled delivery of drugs and other prohibited substances. This procedure (article 263 bis) is permitted "for the purpose of discovering or identifying persons involved in committing any offence relating to these drugs or substances, or providing assistance to foreign authorities for the same purposes". It may only be used for reasons of necessity in the investigation or prosecution, or to assist foreign authorities, depending on the importance of the offence, "on a case-by-case basis", in accordance with the provisions of international treaties, and with judicial or police authorisation; in the latter case, providing "an immediate report to the Fiscal Especial para la PrevenciOn y Represién del treifico ilegal de drogas (Special Prosecutor for the prevention and punishment of illegal drug trafficking) and, if there are pending court proceedings, to the competent court investigator."

The new regulation on controlled deliveries and circulation is connected to some extent with the technique of the agent provocateur, which some people consider to be permissible under article 263 bis." However, article 263 bis (2) expressly defines the "content of the authorisation for controlled circulation or delivery", permitting solely by way of intervention, together with "non-obstructive monitoring", "the substitution of the prohibited drugs or substances by others"." Apart from this, the jurisprudence continues to distinguish between an offence with provocation (an illicit act brought about by the impunity of the subject and the criminal responsibility of the person provoking it) and police provocation (which is licit), intended not to bring about further offences, but to investigate existing ones independently of who the police agent may be.

Moreover, the general rules on criminal investigation, searches (of premises, vehicles and of persons), etc., also apply to drug trafficking offences. Among them are the recent regulation on the use of video cameras in public places," and the rules governing anonymous testimony.' Although not especially intended for drug trafficking cases, these may be applied in proceedings for such offences in the circumstances laid down by law.

(e)    International/EU Compliance

In general, and also where controlled deliveries of drugs are concerned, the Spanish rules comply with the undertakings assumed on signing the Schengen Agreement (article 72) and the provisions of articles 3.1 and 11 of UN 1988.

B.4    Other measures, applied in national law in response to international or European agreements

UN 1988 has been virtually transposed into Spanish law as far as drug trafficking, trafficking in precursors and money laundering are concerned, as have other requirements not touched upon here.
Article 17 of UN 1988 states that the parties shall cooperate in order to eliminate illicit trafficking by sea, in conformity with international law. The 1995 Ley de represi6n del contrabando (Law on Contraband) therefore defines as a smuggling offence the unloading or clandestine transhipment of merchandise from a ship in internal waters or the Spanish territorial sea, or in the circumstances contemplated in article 23 of the Geneva Convention on the High Seas of 29 April 1958. Under article 17.3 of UN 1988, the Tribunal Supremo (Supreme Court)5' made allowance for the boarding of a foreign vessel in international waters with the authorisation of the Flag State.'

Likewise, all the rules of UN 1988 apply directly with regard to extradition (article 6), mutual judicial assistance (article 7), the remission of criminal acts (article 8), and international cooperation and assistance for transit States (article 10).”

The Spanish measures also include certain laws on precursors which seek to meet the obligations imposed by UN 1988, such as the 1996 Law (which refers to the Convention in its Preamble, and is discussed in B.5).

The Directive on money laundering has been transposed into law by incorporating into the 1992 C6digo Penal certain precepts sanctioning the recycling of earnings derived from offences related to drugs or precursors. The existing Cédigo Penal regulates such conduct in a general manner and apart from drug related offences, in its articles 301 et seq. In application of the Directive, measures have also been adopted to prevent money laundering, making it compulsory for financial institutions (and other professional and business entities) to supply information and to cooperate." The Council of Europe Convention on money laundering (CE 1990) has also been ratified recently.'

To avoid the diversion of products which can be used to produce drugs, the member States of the European Community adopted EEC Regulation 3677/90. This Regulation has been developed, applied and modified through subsequent Community regulations, such as 900/92, 3769/92, and 2959/93. Although these apply directly, the Orden of 15 November 199456, of the Ministro de la Presidencia, regulates the control of listed substances which can be diverted and describes the requirements and arrangements for the import, export and transit of these substances.

EEC Council Directive 92/109 of 14 December 1992, on the manufacture and marketing of certain substances used for the illicit production of narcotic drugs and psychotropic substances, was amended by Commission Directive 93/46, of 22 June 1993. Article 11.1 of this Directive makes it compulsory for Member States to adopt the necessary legislative, regulatory and administrative provisions. To comply with this requirement, the Ley sobre medidas de control de sustancias quimicas catalogadas susceptibles de desvio para la fabricacién ilicita de drogas (Law on methods of controlling listed chemical substances at risk of diversion for the illicit production of drugs) was adopted."

The Ley sobre ProtecciOn de la Seguridad Ciudadana also, in article 12.3, empowers the Government to agree to the need for registration for the manufacture, storage and sale of chemical products that can be used in the making or processing of narcotic drugs, psychotropic substances and others that are gravely injurious to health.

In the area with which we are concerned, we are not aware of any developments in Spain on Community directives relating to the freedom of movement of persons. The existing legal instruments in this area have been affected by various reforms due to the ratification of the Schengen Agreement and by other norms of the European Union. Thus the Ley sobre derechos y libertades de los extranjeros en Espaiia (Law on the rights and freedoms of the foreigners in Spain)' has been developed by a new Reglamento (Regulation) in 1 996 and by other norms on entry and permanency in Spain of nationals of the Member States of the European Communities and of other countries taking part in the Agreement on the European economic space.'"

B.5    EC measures having direct effects

Precursor control through EC Regulations

The 1996 Ley sobre medidas de control de sustancias quimicas catalogadas susceptibles de desvio para la fabricacién ilicita de drogas (Law on methods of controlling listed chemical substances at risk of diversion for the illicit production of drugs) acknowledges the basic obligations laid down in the Community rules for import, export and transit operations outside the customs territory of the European Union, and a regime of penalties for non-compliance.

The Codigo Penal also sanctions certain forms of conduct relating to precursors. Article 371 penalizes the production, transport, distribution, sale or possession of equipment, materials or substances listed in Tables I and II of UN 1988, "in the knowledge that they are to be used in the cultivation, production or illicit manufacture of narcotic drugs or psychotropic substances, or for those purposes". The penalties laid down are imprisonment of three to six years and a fine equivalent to three times the value of the goods or articles. The prison sentences are in the upper half of the range (four and a half years to six years) (article 371.2) in the event of membership of an organisation dedicated to these ends. If the persons involved are heads, administrators or employees, the penalty is in the upper range (imprisonment of six to nine years). A bar on exercising a profession or engaging in industry is also imposed, for three to six years, together with the measures provided under article 370. Preparatory acts that constitute conspiracy or proposals or provocation to commit these offences must be punished (a penalty reduced by one or two degrees).

Anti-laundering measures through EC Regulations

The new Codigo Penal penalises money laundering in article 301. The act of money laundering, which can be committed by negligence (article 301.3), consists of the fraudulent conduct of any person who, being aware of their criminal origin, acquires, converts or transmits funds, or performs any other act to conceal or disguise their illicit origin, or to help anyone who has participated in the breach or breaches to evade the legal consequences of his acts. It also covers anyone who, being aware of their illicit origin, conceals or disguises the true nature, source, locatiop, destination, movement or rights to the assets or their ownership. The penalties for fraudulent laundering of funds derived from drugs are imprisonment of three and a half to six years, and a fine equivalent to three times the value of the goods. To these penalties is added the special disqualification from office (for 3 to 10 years) if the acts are performed by a businessman, intermediary in the financial sector, doctor, public official, social worker, teacher or educator, in the course of their duties; in the case of a public authority or agent, the ban is total (from 10 to 20 years).

A special category of offence is membership of an organisation engaged in money laundering (in which case the penalty of deprivation of liberty applies in the upper half of the range) and the fact that the convicted person is a head, administrator or employee of such organisations (penalty in the upper degrees) (article 302). In these cases, a special bar must also be imposed on exercising a professional or industrial activity, for three to six years, and courts and tribunals are empowered to impose a range of measures: dissolution of the organisation or definitive closure of its premises or establishments; suspension or temporary closure of these premises for up to five years; prohibition against carrying out the activities, commercial operations or transactions in the course of which the offence was made possible or was concealed, for up to five years. Finally, laundering offences are punished in the preparatory stages of conspiracy and of proposing or provoking the offence (article 304): the penalty is reduced by one or two degrees.

PART C. DISCUSSION

CA    Reflection on present laws.

In the light of the interpretation given in Spain to UN 1988, sanctions for drug possession for personal use are subject to the reservation of constitutional principles and the basic concepts of the legal order of the States parties. Leaving aside acts which constitute offences, Spanish law has approached the matter of penalties for such conduct with administrative sanctions, but only if drug use occurs in public places. Although this requirement is not explicit in the case of possession, the interpretation adopted by the Consejo General del Poder Judicial and followed in police instructions takes the same approach, possession only being treated as punishable under administrative law where it is for individual consumption in public places. It should therefore be made clear that from the perspective of Spanish law, the margin for manoeuvre in the area of consumption and personal use is similar.

C.1.2. According to legal scholars, there is a high degree of overlap between Spanish legislation and the international provisions relating to drugs. The intense proliferation of reforms in recent years had the explicit aim of complying with the requirements of the international institutions. This was achieved to the extent of copying almost word for word the international provisions, as Diez Ripollés" and others have critically observed.

The description of drug trafficking offences in article 368 of the Cédigo Penal is a faithful reflection of international requirements. The range of incrimination is exceedingly broad, in order to encompass all internationally proscribed conduct and all forms of behaviour that encourage illegal drug use. However, for over twenty-five years the courts have not considered a criminal offence the possession of drugs for personal use. Consumption is not in itself criminal (except where accompanied by the driving of motor vehicles, which affects traffic safety).

Since 1992 Spanish standards have become increasingly punitive, categorising as serious breaches of public safety drug use in public and drug possession that, while not considered to be criminal offences, are subject to administrative sanctions. Although the literal wording of the Ley sobre ProtecciOn de la Seguridad Ciudadana is broader, only possession in public is open to prosecution.

To summarise, in the light of the foregoing it may be said that in the 1990s all the forms of conduct prohibited by international conventions are sanctioned, either by the criminal or the administrative law routes. Nevertheless, on the penal level a distinction is drawn for the purpose of imposing penalties between the various substances, separating those that seriously damage health from the others, and imposing different penalties depending on the substance concerned.

In the area of aggravating circumstances, Spanish regulations also comply with (and even exceed) international requirements, where indeed they do not copy them literally.

The high penalties prescribed are worthy of special criticism: terms of imprisonment are imposed which may be longer than those indicated for murder; if taken together with fines and confiscation, they are comparatively disproportionate. This breach of the principle of proportionality of penalties should also be regarded as contrary to article 3.4 (a) of UN 1988.

As regards money laundering, in dealing with the 1992 regulation, in which the Spanish legislator has simply copied (not without defects) the international rules, the new regulation introduces certain nuances which distance it from UN 1988. In accordance with the EC Directive, money-laundering acts are extended to cover income derived from any offence, and if the laundering involves funds derived from trafficking in drugs or precursors this makes the offence more serious. Provision is also made for imprudent or heedless acts (grave imprudence), which is not required by the Convention or the Directive, and is merely recommended by CE 1990. However, the criticisms directed at the previous regulation, which was deficient technically speaking because of the mere transposition of international standards and the use of extremely vague legal concepts, remain valid.

With regard to precursors, the Spanish rules are an almost literal transcription of UN 1988.

C.2    Present debates, future changes

Significant sectors of opinion have for some time been calling for a change in penal policyrelating to drugs in the context of a proper effort to prevent and control drug dependence.

The starting point for all the proposals is the rationalisation or normalisation of the legal approach to drugs by demolishing stereotypes, meeting cultural expectations and eliminating the present negative effects of a blindly repressive approach.

The most refined alternative text is undoubtedly the Propuesta Alternativa (Alternative Proposal) of the Study Group on Crime Policy (1991)," supported by over a hundred professors, judges and magistrates. It considers the legal reforms needed to achieve a genuine "normalisation" of drugs as psychoactive substances, accessible to adults in the same way as other medicines, with clear warnings of their risks, without advertising and at prices that act as moderate disincentives.

Within the penal area, it is proposed to simplify the present criminal rules applying to drug trafficking, confining punishable conduct to unauthorised trafficking in hard drugs and the promotion of their use for commercial purposes. To these would be added the (more serious) acts of supplying narcotic or psychotropic substances to under-18s or to psychiatrically handicapped persons, abusing their vulnerable situation. Some of the existing specific categories would be retained (belonging to organisations of dealers, increasing the risk to health), and money laundering, and the court would be authorised to impose additional penalties on establishments and organisations.

However, we have to acknowledge that these proposals have had little effect; this is natural if we bear in mind that there has been hardly any parliamentary debate about crime policy relating to drugs, because of the "high coincidence" between public opinion and official responses, as shown by opinion polls. For instance, a recent study" by the National Drug Observatory — established in 1996— reports that over 70% of the public are against legalising drugs, 92.5% favour prevention programmes, 80.6% favour public awareness campaigns and 83.3% are in favour of police controls.

 

1 Ley 17/1967, de 8 de abril, normas reguladoras por las que se autorizan las normas vigentes sobre estupefacientes adaptandolas a lo establecido en el Convenio de 1961 de Naciones Unidas (Boletin Oficial del Estado, inim.86, il abril 1967, 4806-4809) [Law 17/1967, of 8 April, regulations governing the rules on narcotic drugs, adapting these to the 1961 United Nations Convention (Official Gazetteer, no. 86, 11 April 1967, 4806-4809)].

2 Ley Orgainica 1/1992, de 21 de febrero, sobre Proteccibn de la Seguridad Ciudadana (Boletin Oficial del Estado nUm.46, 22 febrero 1992, 6209-6214) [Organic Law 1/1992 of 21 February, for the Protection of Public Safety (Official Gazetteer, no.46, 22 February 1992, 6209-6214)].

3 Ley Organica 8/1983, de 25 de junio, de reforma urgente y parc/al del (Wig» Penal (Boletin Olicial del Estado nUm.152, 27 junio 1983, 17909-17019). [Organic Law 8/1983, of 25 June, on urgent amendments to the Criminal Code (Official Gazetteer no. 152, 27 June 1983, 17909-17019)].

4 Included in the Civil Code by virtue of Ley 13/1983, de 24 de octubre, de reforma del C6digo Civil en materia de tutela (Boletin Oficial del Estado n4m.256, 26 octubre 1983, 28932-28935) [Law 13/1983, of 24 October, reforming the Civil Code in matters of guardianship (Official Gazetteer no. 256, 26 October 1983, 28932-28935)].

5 Ley Orgânica 8/1992, de 23 de diciembre, de modificaci6n del C6digo Penal y de la Ley de Enjuiciamiento Criminal en materia de tr6fico de drogas (Boletin Oficial del Estado mim.308, 14 diciembre 1992, 43861-43863) [Organic Law 8/1992 of 23 December, amending the Criminal Code and the Law of Criminal Procedure in matters of drug trafficking (Official Gazetteer no. 308, 14 December 1992, 43861-43863)].

6 Boletin Oficial de las Cortes Generales, Congreso de los Diputados, 8 de oetubre de 1992, nUm. 219, 10772, 10774. [Official Bulletin of the Cortes Generales, Congress of Deputies, 8 October 1992, no. 219, 10772, 10774].

7 Ley Orgemica 10/1995, de 23 de noviembre, del C6digo Penal (Boletin Olivia' del Estado nUm.281, 24 noviembre 1995, 33987-34061). [Organic Law 10/1995, of 23 November, of the Criminal Code (Official Gazetteer, no. 281, 24 November 1995, 33987-34061)].

8 Ley Org6nica 1/1988, de 24 de marzo, de reforma del C6digo Penal en materia de tr6fico ilegal de drogas (Boletin Oficial del Estado nrim.74, 26 marzo 1988, 9498-9500) [Organic Law 1/1988 of 24 March, reforming the Criminal Code with regard to illegal drug trafficking (Official Gazetteer, no. 74, 26 March 1988, 9498-9500)]. See De La Cuesta, J.L., "The Present Spanish Drug Criminal Policy", in H.J.Albrecht and A.van Kalmthout (eds.), Drug Policies in Western Europe, Freiburg, 1989, 293-320.

9 'Rey Huidobro, L.P., El delito de tritico de estupefacientes. El Tribunal Supremo ante los actos de dudosa tipicidad [The offence of drug trafficking. How the Supreme Court deals with acts difficult to categorize], Actualidad Penal, 34, 1994, 631-645; Maqueda Abreu, M.L., Jurisprudencia penal e interpretaci6n teleol6gica en materia de drogas [Penal jurisprudence and teleological interpretation in drugs matters], La Ley, no 4624, 9 septiembre 1998, 1-8.

10 Real Decreto 1079/1993, de 2 de Julio, sobre remisi6n de sanciones administrativas y seguimiento de los tratamientos de deshabituaci6n (Boleti): Oficial del Estado, mitn.172, 20 julio 1993, 22088-22089). [Royal Decree 1079/1993, of 2 July, on the remission of administrative penalties and acceptance of withdrawal treatment (Official Gazetteer, no. 172, 20 July 1993, 22088-22089)].

11 The lesser degree penalty is obtained by cutting in half the lower limit of time. For example, with a penalty of 3 to 9 years, the lesser degree penalty will be one and a half to three years.

12 Ley 3/1997, de 16 de junio (Comzinidad valenciana), relativa a las normas sobre drogodependencias y otros trastornos adictivos (Boletin Oficial del Estado n6m.171, 18 julio 1997, 22094-22107). [Law 3/1997 of 16 June (Valencia Community), on the rules applicable to drug dependence and other addictive states (Official Gazetteer no. 171, 18 July 1997, 22094-22107)].
Ley 6/1997, de 22 octubre (Murcia) sobre prevenci6n, asistencia e integraci6n social en materia de drogas (Boletin Oficial del Estado nftm.37, 12 febrero 1998, 5006-5018) [Law 6/1997, of 22 October (Murcia) on prevention, assistance and social rehabilitation in drug-related matters (Official Gazetteer no. 37, 12 February 1998, 5006-5018)].
Ley 2/1996, de 8 de mayo (Galicia) par la que se regula la materia de prevenci6n de consumo de drogas o drogodependencias y tratamiento e integraci6n social de los afectados drogas (Boletin Oficial del Estado nzim.153, 25 junio 1996, 20509-20518) [Law 2/1996 of 8 May (Galicia) on the prevention of drug use or drug dependence and the treatment and social rehabilitation of those affected (Official Gazetteer no. 153,25 June 1996, 20509-20518)].
Ley 4/1997, de 9 de Julio (Andalucia), sobre prevenci6n y asistencia en materia de droga,s. (Boletin Oficial del Estado ntim.194, 14 agosto 1997, 24916-24926) [Law 4/1997, of 9 July (Andalucia), on prevention and assistance in relation to drugs (Official Gazetteer no. 194, 14 August 1997, 24916-24926)].
Ley de Cantabria 5/1997, de 6 de octubre sobre prevenci6n, asistencia e incorporacibn social en materia de drogodependencias drogas (Boletin Oficial del Estado nzim.283, 26 noviembre 1997, 34721- 34735) [Law of Cantabria 5/1997, of 6 October, on prevention, assistance and social reintegration in relation to drug dependence (Official Gazetteer no. 283, 26 November 1997, 34721-34735)].
Ley 18/1998, de 25 de junio, sobre prevenci6n, asistencia e inserckin en materia de drogodependencias (Boletin Oficial del Pais Vasco, mim.131, 14 julio 1998, 13065-13098) [Law 18/1998, of 25 June, on prevention, assistance and rehabilitation relating to drug dependence (Official Gazetteer of the Basque Country, no. 131, 14 July 1998, 13065-13098);
Ley catalana 20/1985, de 25 de Julio, de prevenci6n y asistencia en materia de sustancias que pueden generar dependencia (Boletin Oficial del Estado nfim.206, 28 agosto 1985, 27151-27156), [Catalan Law 20/1985, of 25 July, on prevention and assistance concerning substances which can lead to dependence (Official Gazetteer no. 206, 28 August 1985, 27151-27156)], amended by Ley 10/1991, de 10 de mayo (Boletin Oficial del Estado ntim.135, 6 junio 1991, 18457-18460) [Law 10/1991, of 10 May (Official Gazetteer no. 135,6 June 1991, 18457-18460);
Ley 3/1994, de 29 de marzo, de prevenci6n, asistencia e integracién social de drogodependientes de Castilla y Le6n (Boletin Oficial del Estado ntim.99, 26 abril 1994, 12818-12829) [Law 3/1994, of 29 March, on prevention, assistance and social integration for drug dependent persons in Castilla and Leon (Official Gazetteer no. 99, 26 April 1994, 12818-12829).

13 For example, article 19 of Ley 6/1997 (Murcia); articles 24 and 26 of Ley 3/1997 (Valencia Community); article 10 of Ley18/1998 (Basque Country).

14 Orden de 25 de abri! de 1994 par la que se regulan las recetas y los requisitos especiales de preseripcién y dispensacién de est upefacientes para uso humano (Bole/in Oficial del Estado nnm.105, 3 mayo 1994, 13556-13564) [Order of 25 April 1994 governing prescribing and special prescription and dispensing requirements for narcotic drugs for human consumption (Official Gazetteer no. 105, 3 May 1994, 13556-13564)].

15 Real Decreto 75/1990, de 19 de enero, par el que se regulan los tratarnientos con opiciceos de personas dependientes de los mismos (Boletin Oficial del Es/ado ntim.20, 23 enero 1990, 2101-2103) [Royal Decree 75/1990, of 19 January, governing treatments with opiates for persons dependent on them (Official Gazetteer no. 20,23 January 1990, 2101-2103)].
Real Decreto 5/1996, de 15 de emery, sobre modificaci6n del Real Decreto 75/1990 (Boletin Oficial del Es/ado nitm.44, 20 febrero 1996, 6082-6083) [Royal Decree 5/1996, of 15 January, amending Royal Decree 75/1990 (Official Gazetteer no. 44, 20 February 1996, 6082-6083)].

16 Ley sobre trdfico, circulackin de vehiculos a motor y seguridad vial, Real Decreto Legislativo 339/1990, de 2 de murzo (Boletin Oficial del Es/ado nz'on.63, 14 marzo 1990, 7259-7269) [Law on traffic, circulation of vehicles and road safety, Royal Legislative Decree 339/1990, of 2 March (Official Gazetteer no. 63, 14 March 1990, 7259-7269)].

17 Sentencia del Tribunal Constitucional 161/1997, de 2 de octubre (Bole/in Oficial del Estado mim.260, Suplemento, 30 octubre 1997, 70-100) [Decision of the Constitutional Court 161/1997, 2 October (Official Gazetteer no. 260, Supplement, 30 October 1997, 70-100)].

18 Compared with the maximum overall limit for a prison sentence: 20 years (article 36 of the COdigo Penal).

19 Boletin Oficial de las Cortes Generales, Congreso de los Diputados, Comisi6n de Justicia e Interior nion. 512, 1995, 15628, 15630 [Official Bulletin of the Cortes Generales, Congress of Deputies, Commission of Justice and the Interior, no. 512, 1995, 15628, 15630].

20 Boletin Oficial de las Cones Generales, Congreso de los Diputados, Comisi6n de Justicia e Interior, mini. 512, 1995, 15629-15631 [Official Bulletin of the Cortes Generales, Congress of Deputies, Commission of Justice and the Interior, no. 512, 1995, 15629-15631].

21 Sentencia del Tribunal Constitucional 341/1993, de 18 de noviembre (Boletin Oficial del Estado nfim.295 Suplemento, 10 diciembre 1993, 96-134 [Judgment of the Constitutional Court), no. 341/1993, of 18 November (Official Gazetteer no. 295, Supplement, 10 December 1993, 96-134)1.

22 Sentencia del Tribunal Supremo, Sala 2°. de 21 de noviembre de 1973, Jurisprudencia Criminal, 1973, noviembre, 443-450 [Judgment of the Supreme Court, second chamber, of 21 November 1973, Criminal Jurisprudence, 1973, November, 443-450]. Vercher Noguera, A., CalificaciOn juridica de la tenencia o posesi6n de drogas o estupefacientes [How the law treats the carrying or possession of narcotic drugs], Cuadernos de Politica Criminal, 21, 1983, 763-767.

23 Ley 16/1970, de 4 de agosto, sobre peligrosidad y rehabilitaciOn social (Boletin Oficial del Estado nam. 187, 6 agosto 1970, 12551-12557) [Law 2416/1970, of 4 August, on Dangerousness and Social Rehabilitation (Official Gazetteer no. 187,6 August 1970, 12551-12557)].

24 "Real Decreto 2829/1977, de 6 de octubre, sobre regulaci6n de sustancias y preparados psicotr6picos (Boletin Oficial del Estado ntim.274, 16 noviembre 1977, 24978-24986) [Royal Decree 2829/1977, of 6 October, on the regulation of psychotropic substances and preparations (Official Gazetteer no. 274, 16 November 1977, 24978-24986)] and Orden de 14 de enero de 1981 sobre regulaci6n de las sustancias y preparados psicotrôpicos (Boletin Gficial del Estado rnim.25, 29 enero 1981, 2060-2063) [Order of 14 January 1981 on the regulation of psychotropic substances and preparations (Official Gazetteer no. 25, 29 January 1981, 2060-2063)].
'61nstrucci6n nitm.012, 1994 de la Viceconsejeria de Seguridad del Gob ierno Vasco, relativa al procedimiento sancionador en materia de drogas, apdo. 1.2.4 [Instruction no. 012, 1994 of the Viceconsejeria of Security of the Basque Government, relative to the sanctions procedure in drugs matter, section 1,2,41.

25 Diario de Sesiones del Congreso de los Diputados, Pleno y Diputaciem Permanente. Nion. 137, IV Legislatura, 10 octubre 1991, 6576-6610 [Record of debates of the Congress of Deputies, Plenary and Permanent Commission, no.137, IVth Legislature, 10 October 1991, 6576-66101.

26 Dictamen del Consejo General del Poder Judicial por el que emite informe al Anteproyecto de Ley Orgemica sobre Protecciem de la Seguridad Ciudadana. 20 diciembre 1990 [Opinion of the General Council of the Judiciary, in its report on the Draft Organic Law on the Protection of Public Safety, 20 December 1990].

27 Boletin Oficial de las Cortes Generates, Congreso de los Diputados, mim.101-4. 6 octubre 1992. Enmienda ntim.22, 15, 16y Enmienda 23, 17, 18 [Official Bulletin of the Cortes Generales, Congress of Deputies, no. 101-4, 6 October 1992, Amendments no. 22, 15, 16 and Amendments 23, 17, 181.

28 Boletin Oficial de las Cortes Generales, Congreso de los Diputados, netm.219, 8 octubre 1992, 10772-10774 [Official Bulletin of the Cortes Generales, Congress of Deputies, no. 219, 8 October 1992, 10772-10774].

29 Arroyo Zapatero, L., Aspectos penales del trti.fico de drogas [Criminal aspects of drug trafficking], Poder Judicial, 11, 1984, 22.

30 Ley Orgcinica 12/1995, de 12 de diciembre, de represign del contraband° (Role/in Oficial del Estado inim.297, 13 diciembre 1995, 35701-35705) [Organic Law 12/1995, of 12 December, forbidding contraband (Official Gazetteer no. 297, 113 December 1995, 35701-35705)]. See also Real Decreto 1649/1998, de 24 de julio, por la que se desarrolla el Titulo 11 de la Ley Orgimica 12/1995, de 12 de diciembre de represi6n del contraband°, relativo a las infracciones administrativas de contraband°. Boldin Oficial del Estado, n" 214, 7 septiembre 1998, 30350-30361 [Royal Decree 1649/ 1998, of 24 July, developing the II Title of the Organic Law 12/ 1995, of 12 December on the repression of contraband and related to the administrative contraband breaches (Official Gazetteer, no. 214, 7 September 1998, 30350-30361)].

31 Campos Cristobal, R., Comentario de la sentencia 1-12-97 (Sala segunda). Tr4fico de drogasy contraband°, Ref: 323/32. Ponente: Enrique, Bacigalupo [Commentary on the Judgment of 1 December 1997 (2nd Chamber reports). Drug trafficking and contraband], Revista de Ciencias Penales, 1, 1, 1998, 221-224.

32 Silva Sanchez, J.M., Tr4fico de drogas y contraband°. Una nota sobre la necesaria modificackin de la doctrina del Tribunal Supremo [Drug trafficking and contraband. A note on the need to change the Supreme Court approach], La Ley, no. 4415. 1997, 1-4.

33 Lay 21/1994. de 6 de julio, por la que se modifica el articulo 338 de la Ley de Enjuiciamiento Criminal, sobre la destrucci6n de la droga decomisada (Boletin Oficial del Estado man. 161, 7 julio 1994, 21737) [Law 21/1994, of 6 July, amending article 338 of the Law of Criminal Procedure, on the destruction of the confiscated drug (Official Gazetteer no. 161, 7 July 1994, 21737)].

34 Ley 36/1995, de 11 de diciembre, sobre la creackin de un fimdo procedente de los bienes decomisados por tiltfico de drogas y otros delitos relacionados (Boleti') Oficial del Estado nfim.296, 12 diciembre 1995, 35581-35584) [Law 36/1995 of 11 December, on the establishment of a fund deriving from goods confiscated for drug trafficking and other related offences (Official Gazetteer no. 296, 12 December 1995, 35581-35584)1, amended by Ley 61/1997, de 19 de diciembre (Boletin Oficial del Estado ntim.304, 20 diciembre 1997, 37453-37454) [Law 61/1997, of 19 December (Official Gazetteer no. 304, 20 December 1997, 37453-37454)]. Real Decreto 864/1997, de 6 de junio por el que se aprueba el Reglamento de la Ley 36/1995 (Boletin Oficial del Estado ntim.138, 10 junio 1997, 17697-17708) [Royal Decree 864/1997, of 6 June, adopting the Regulation under Law 36/1995 (Official Gazetteer no. 138, 10 June 1997, 17697-17708)].

35 Boletin Oficial de las Corms Generales, Congreso de los Diputados, Comisian de Justicia e Interior ;vim. 512, 1995, 15617,15619, 15621 [Official Bulletin of the Cortes Generales, Congress of Deputies, Commission on Justice and the Interior, no. 512, 1995, 15617, 15619, 156211.

36 Joshi Jubert, U. Sobre el concept° de organizaci6n en el delito de trafico de drogas en la jurisprudencia del Tribunal Supremo (A pmrxisito de la Sentencia del Tribunal Supremo de 19 de enero 1995) [On the concept of organization in the offence of drug trafficking in the case law of the Supreme Court — On the judgment of the Supreme court of 19 January 1995)], Anuario de Derecho Penal y Ciencias Penales, 1995, 657-683.

37 45% if compared with the exceptionally highest limit of imprisonment: 30 years.
a" 67.5% if compared with the exceptionally highest limit of imprisonment: 30 years.
°' 22.5% if compared with the exceptionally highest limit of imprisonment: 30 years.

" Ley Orgemica 5/1988, de 24 de marzo, por la que se crea la Fiscalia Especial para la PrevenciOn y RepresiOn del tr6fico ilegal de drogas (Boletin Oficial del Estado mim.76, 29 marzo 1988, 9692-9693) [Organic Law 5/1988, of 24 March, establishing the office of the Special Prosecutor for the Prevention and Punishment of illegal drug trafficking (Official Gazetteer no. 76, 29 March 1988, 9692-9693)]. " Protocolo de Adhesion del Gobierno del Reino de Espatia al Acuerdo entre los Estados de la Unién Econ6mica Benelux, Reptiblica Federal de Alemania y Rep(iblica Francesa, relativo a la supresiOn gradual de los controles en las fronteras comunes, firmado en Schengen el 14 de junio de 1985, tal como qued6 enmendado par el Protocol° de Adhesion de la RepUblica Italiana, firmado en ,Paris el 27 de noviembre de 1990, hecho en Bonn, el 25 de junio de 1991 (Boletin Oficial del Estado nitm. 181, 20 julio 1991, 25108-25111) [Adhesion Protocol of the Government of the Kingdom of Spain to the Agreement among the States of the Economic Union of the Benelux, Federal Republic of Germany and French Republic, related to the gradual suppression of the controls in the common frontiers, signed in Schengen, 14 June 1985, such as revised by the Adhesion Protocol of the Italian Republic, signed in Paris 27 November 1990, made in Bonn, 25 June 1991 (Official Gazetteer no. 181,20 July 1991, 25108-25111)]. 44 Ley Orgemica 6/1985, de 1 de julio, del Fader Judicial (Boletin Oficial del Estado nitm. 157, 2 julio 1985, 20632-20678) [Organic Law 6/1985, of 1 July, on the Judiciary (Official Gazetteer no. 157,2 July 1985, 20632-20678)].

" Ley Orgernica 8/1992, de 23 de diciembre, de modificaci6n del Cerdigo Penal y de la Ley de Enjuiciamiento Criminal en materia de treifico de drogas (Boletin °field del Estado inim.308, 14 diciembre 1992, 43861- 43863) [Organic Law 8/1992, of 23 December, amending the Criminal Code and the Law of Criminal Procedure regarding drug trafficking (Official Gazetteer no. 308, 14 December 1992, 43861-43863)].
At present there are in the Parliament two Proposiciones de Ley sobre modificacion de la Ley de Enjuiciamiento Criminal en materia de perfeccionamiento de la acci6n investigadora relacionada con el trcifico ilegal de drogas y otras actividades ilicitas [Propositions of Law on the reform of the Law of Criminal Prosecution in order to develop the investigating action related with the illegal drugs traffic and other illegal activities]. See Informe de la Ponencia en Boletin Oficial de las Cortes Generates. Congreso de los Diputados, B, n°218-1, 30 full° 1998, 1-6 [Report of the Commission in Official Bulletin of the Cortes Generales. Congress of the Deputies, B, no. 218-1, 30 July 1998, 1-6].
" Mufioz Conde, F., Derecho penal. Parte especial [Criminal law. Special section], 11th edition, Valencia, 1996, 582.
" Guinarte Cabada, G., La circulacién o entrega vigilada de drogas [The circulation or controlled delivery of drugs], Cuadernos de Politica Criminal, 55, 1995, 5-42.
" Also Ley Org6nica 4/1997, de 4 de agosto, sobre utilizaci6n de viodec6maras por las Fuerzas y cuerpos de Seguridad en lugares priblicos (Boletin Oficial del Estado ntim. 186, 5 agosto 1997, 23824- 23828) [Organic Law 4/1997 of 4 August, on the use of video cameras by the security units and forces in public places (Official Gazetteer, no. 186, 5 August 1997, 23824-23828)].

" Ley Orgénica 19/1994, de 23 de diciembre, de proteccién a testigos y peritos en causas criminales (Boletin Oficial del Estado, ntim.307, 24 diciembre 1994, 38669-38671) [Organic Law 19/1994, of 23 December, on protection for witnesses and experts in criminal cases (Official Gazetteer no. 307, 24 December 1994, 38669-38671)1
5ISentencia del Tribunal Supremo, Sala 2', 2 octuhre 1995, Repertorio de Jurisprudencia Aranzadi, 1995-IV 695, 9316-9317 [Judgment of the Supreme Court, 2nd Chamber, 2 October 1995, Aranzadi Case law Digest, 1995-IV, 695, 9316-93171.
By way of example, the Spanish State has entered into a number of bilateral agreements to implement these rules of the UN 1988 Convention, such as the Tratado de 23 de marzo de 1990 entre el Reino de Espana y la RepUblica ltaliana para la represién del tr4fico ilicito de droga en el mar, firmado en Madrid (Boletin Oficial del Estado mim.108, 6 mayo 1994, I3930-13932)[Treaty of 23 March 1990 between the King of Spain and the Italian Republic to punish illicit drug trafficking at sea, signed at Madrid (Official Gazetteer no. 108, 6 May 1994, 13930-13932)].
See also the Proyecto de Ley Organica de cooperaci6n furidica internacional en materia penal, Boletin Oficial de las Cortes Generates. Congreso de los Diputados VI Legislatura, Serie Proyectos de Ley, 'vim. 61-1, 28 de mayo de 1997 [Project of Organic Law of international legal co-operation in penal matter, Official Bulletin of the Cortes Generales. Congress of the Deputies, A, no. 61-1, 28 May 1997]; in particular, the content of its VIII Title on Repression of the illicit drugs traffic in the sea (arts. 122-133).

" For example, the Spanish State has accepted various international agreements on the subject, such as the Acuerdo de 26 de junio de 1989 en materia de prevencién y represién del tr4fico ilicito y el uso indebido de las drogas, hecho en Madrid, firmado entre Espana, Gran Breton(' e Irlanda (Boletin Oficial del Estado nfon.299, 14 diciembre 1990. 37235-37238) [Agreement of 26 June 1989 on the prevention and punishment of illicit trafficking and the wrongful use of drugs, done at Madrid, signed between Spain, Britain and Ireland (Official Gazetteer no. 299, 14 December 1990, 37235-372384
"Ley 19/1993, de 28 de diciembre, sobre determinadas medidas de prevenci6n del blanqueo de capitales (Boletin Oficial del Estado ntim.311, 29 diciembre 1993, 37327-37332) [Law 19/1993, of 28 December, on certain methods of preventing money laundering (Official Gazetteer no. 311, 29 December 1993, 37327-37332)1. Real Decreto 925/1995 de 1 de junio por el que se aprueba el Reglamento de la Ley 19/1993 (Boleti'', Oficial del Estado nfim.160, 6 julio 1995, 20521-20528) [Royal Decree 925/1995 of 1 June, adopting the Regulation of Law 19/1993 (Official Gazetteer no. 60, 6 July 1995, 20521-20528)].
"Instrumenta de ratificacitin por parte de Espana del Convenio relativo al blanqueo„seguimiento, embargo y decomiso de los productos del delito, hecho en Estrasburgo, el 8 de noviembre de 1990, Boletin Oficial del Estado, iv:m.252, 21 octubre 1998, 34713-34727 [Ratification instrument on the part of Spain of the Agreement relative to the whitening, follow-up, embargo and confiscation of the products of the offence, made in Strasbourg, 8 November 1990, Official Gazetteer, no.252, 21 October 1998, 34713-34727].
Orden de 15 de noviembre de 1994 por la que se regula el control de sustancias catalogadas susceptibles de desviacién (Boletin Oficial del Estado mim.280, 23 noviembre 1994, 35912-35920) [Order of 15 November 1994 governing the control of listed substances at risk of diversion (Official Gazetteer no. 280,23 November 1994, 35912-35920].

Ley 3/1996, de 10 de enero, sobre medidas de control de sustancias quimicas catalogadas susceptibles de desvio para la fabricacién ilicita de drogas (Boletin Oficial del Estado njim.11, 12 enero 1997, 806- 813) [Law 3/1996, of 10 January, on methods of controlling listed chemical substances at risk of diversion for the illicit production of drugs (Official Gazetteer no. 11, 12 January 1997, 806-813)]. Real Decreto 865/1997, de 6 de junio, por el que se aprueba el Reglamento de desarrollo de la Ley 3/1996 (Boletin Oficial (lei Estado njun.138, 10 junio 1996, 17708-17741) [Royal Decree 865/1997, of 6 June, adopting the Regulation for implementing Law 3/1996 (Official Gazetteer no. 138, 10 June 1996, 17708-17741)]. ' Ley Org6nica 7/1995 de I de julio sobre derechos y libertades de los extranjeros en España, Boletin Oficial del Estado /vim 158, 3 julio 1985, 20824-20829 [Organic Law 7/1995, 1 July, on the rights and freedoms of the foreigners in Spain, Official Gazetteer no. 158, 3 July 1985, 20824-20829].
Real Decreto 155/1996, de 2 de .febrero, por el que se aprueba su Reglamento de ejecuci6n Boletin Oficial del Estado, mint 47, 23 ,febrero 1996, 6949-6977 [Royal Decree 155/1996, 2 February, approving its Regulation, Official Gazetteer, no. 47, 23 February 1996, 6949-6977].
" Real Decreto 766/1992, de 26 de junio, sobre entrada y permanencia en Espaha de nacionales de Estados miembros de las Comunidades Europeas (Boletin Oficial del Estado ntim.156, 30 junio 1992, 22275-22278) [Royal Decree 766/ 1992, 26 June, on entry and permanency in Spain of nationals of the Member States of the European Communities (Official Gazetteer no.156, 30 June 1992, 22275-22278] modified by Real Decreto 737/1995, de 5 de mayo (Boletin Oficial del Estado, nUm.133, 5 junio 1995, 16477-16483) [Royal Decree 737/1995, 5 May (Official Gazetteer, no.133, 5 June 1995, 16477-16483)] and Real Decreto 1710/1997, de 14 de noviembre por el que se modifica parcialmente el régimen de entrada y permanencia en Espaila de nacionales de Estados miembros de la Union Europea y de otros paises en el Acuerdo sobre el espacio econémico europeo (Boletin Qficial del Estado njim.274, 15 noviembre 1997, 33549) [Royal Decree 1710/ 1997, 14 November, modifying partially the entry and permanency regime in Spain of nationals of the State members of the European Union and of other countries taking part in the Agreement on the European economic space (Official Gazetteer no. 274, 15 November 1997, 33549)].

El blanqueo de capitales procedentes del trafico de dro gas. La recepcién de la legislacién internacional en el ordenamiento penal espahol [Laundering funds derived from drug trafficking. The incorporation of international legislation into the Spanish criminal order], Actualidad Penal, 32, 1994,

Grupo de Estudios de Politica Criminal, Una alternativa a la actual politica criminal sobre drogas [An alternative to existing crime policy on drugs], Malaga, 1992. See also Gonzalez et al., Repensar las drogas [Rethinking drugs], Barcelona, 1989.

El Diario Vasco, 21 July 1998, 25.

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