La criminalización del narcomenudeo en el código penal español

Abstract

The present essay focuses on the study of “drug dealing”, also known as “retail” in Spain. Despite being a problem of an international nature, since it occurs all over the world, in each area it is faced with different legal tools. In our country, as a result of the reform carried out by Organic Law 5/2010 of June 22, a second paragraph is introduced in article 368, which originated in the Plenary of the Second Chamber of October 25, 2005 It was agreed to propose to the Government the introduction of the second paragraph. In this way, the attenuated subtype is introduced that allows the ordinary suspension of the sentence for those convicted for retail, in addition to the suspension of article 80.5 for convicted persons who are habitual consumers. But the precept also throws indeterminate concepts, such as the scarce entity of the fact and the personal circumstances of the culprit, which must be determined according to the concurrent circumstances in each case and having as reference the abundant jurisprudence. We will also discuss the problems that arise in research and the different ways in which retail manifests itself. Finally, we must mention the bankruptcy problems, with money laundering, due to the significant profits that are obtained.