Present Spanish Drug Criminal Policy (From Drug Policies in Western Europe, P 293-320, 1989, Hans-Jorg Albrecht and Anton van Kalmthout, eds. -- See NCJ-120465)

• NCJ Number: 124080
• Author(s): J L de la Cuesta
• Date Published: 1989
• Length: 28 pages
• Sale Source: Max-Planck-Institute Fur Auslandisches und Internationales Strafrecht
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: West Germany (Former)

Annotation

Spain's policy toward drugs was changed to a less repressive approach in 1983 and then revised again in 1988 to return to its previous repressive characteristics.

Abstract

The 1983 reform of the penal code did not legalize any drugs, but it simplified the definition of punishable conduct, limited judicial arbitration, and reduced the foreseen penalties. However, the law of March 1988 has extended the definition of punishable behavior, increased the penalties, and introduced eight new provisions. Nevertheless, the most recent reform has also perpetuated the defects of the 1971 law in that the law now lacks precision regarding the definition of punishable conduct and infringes on the principle of proportionality in sentencing. Appended discussion of legislation in Catalonia and the Basque country and 56 references.