The resolution itself will be known in the coming days and it limits will be determined by the that such groups may be criminally prosecuted or not. The Criminal Chamber of the Supreme in full is only ruled on the Association of Studies and Ebers cannabis users, but the arguments used to condemn those responsible for a crime against public health can be extrapolated to the rest.
To which has not signed the High Court is to also condemn other crimes by the prosecutor accused them, conspiracy or criminal group. Thus, the sentence they impose finally be less than two years in prison, which was the most beneficial proposal was the prosecutor, so you will not have to go to prison.
The Vizcaya Provincial Court had acquitted them on the ground that the facts alleged against them had no criminal relevance, to be covered by the doctrine of shared consumption established by the Supreme years. The judges of the High Court, however, understand that these types of groups, with statutes, membership fees and employment stability overflow philosophy that doctrine, scheduled for closed groups of friends gather to eat sporadically.
The resource studied yesterday by the plenary of the Second Chamber, it is the first of many presented by the prosecution against similar acquittals. And despite the supposed importance as a precedent, legal sources said should be studied separately each individual case, because the circumstances of these groups are very different from each other.
In fact, to condemn those responsible Ebers has taken into account the significant amount of intervened drug dependencies and the high number of partners that grouped to determine that there was a crime against public health, although the final sentence will prove to be highly attenuated as to what the prosecution requested.
The legal debate raised around these entities, which will be settled as soon as this judgment updated doctrine known shared consumption – motivated and in 2013 an instruction of the Attorney General.
It was taken as reference the jurisprudence regarding the unusualness of shared consumption of the High Court, to determine when to charge tax or not.
So far, this doctrine understood there was no criminal relevance if the following requirements are met: consumers who are grouped to be addicted, but only consumer weekend it is; consumption should be done indoors; the amount of drug to be negligible, corresponding to normal and sporadic consumption, and consumer partnership is coming referred to a small group of drug addicts, identifiable by their number and personal, that is, certain people and certain, for and to gauge their number and their personal circumstances. The last condition is that the consumption of substances should be acquired immediately.
‘Where is the crime if indoors?’ “Cautiously” and have received an order for one of the two federations of associations of cannabis users in the Basque Country. EHKEEF. “We do not know the text of the Supreme Court, but in principle, it is shocking that crime is considered that, so far, in regional and regional courts was not” tinged this newspaper Urki Goñi, president of the EHKEEF, which groups eight associations, and also chairman of one of them, Urjoba Berdea. “EBERS and was acquitted in the Basque Country, where is the crime to public health if it is indoors?” He wondered. But also receive it as an open debate on regularization door: “It would bring limits and are aware of it,” admits Goñi, for whom the “cooperative was founded in the Basque Country” and cannabis associations are there in the wake of their traditional gastronomic societies. “It’s in our blood,” he says. The judgment of the TS coincides with the decriminalization, in Chile, the self-cultivation of marijuana two days ago. A circumstance that served the Federation of cannabis from Spain (FAC) to analyze the contrast between one country and another in his Twitter account, where allegations were read as: “We do not like to compare but, between experience yesterday in Chile and seen today in Spain with the Supreme Court, we see who overcame the dictatorship. who does not ” Among other measures as the FAC stated in his Twitter profile that “the state will always choose the option that costs the taxpayer money, regulate cannabis would be cheaper to resort to TS 15 years ago ningunean movement”. / REBECA YANKE
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