In today’s article in Abogados Cabo we will talk about the crime of drug trafficking. The crime of drug trafficking or drug trafficking crime is part of a global illicit business. This trade has a dynamic that includes the cultivation, processing and distribution of drugs or narcotics illegally. In Mexico, the crime of drug trafficking is regulated by the General Health Law, the Federal Criminal Code and the Federal Code of Criminal Procedures. It is one of the crimes against health.

Drug trafficking crime

A drug trafficking crime is that which is committed when the illegal cultivation, processing or facilitating the illegal consumption of drugs. In this regard, Article 193 of the Federal Criminal Code establishes that Mexican criminal legislation considers narcotics to be narcotics, psychotropic drugs and other substances or plants determined by the General Health Law and international conventions and treaties.

Narcotics are considered to be narcotics the narcotic drugs, psychotropic drugs and other substances or plants determined by the General Health Law, the international conventions and treaties of obligatory observance in Mexico and those indicated by the other applicable legal provisions on the matter.

The judge, when individualizing the penalty or security measure to be imposed for the commission of an offense provided for in this chapter, shall take into account, in addition to the provisions of Articles 51 and 52, the quantity and species of the narcotic in question, as well as the lesser or greater injury or endangerment to public health and the personal conditions of the perpetrator or participant in the act or recidivism, as the case may be.

Article 193 of the Federal Criminal Code

In addition, Article 194 of the Federal Criminal Code regulates the conditions for drug trafficking or drug trafficking to be considered a crime, with a prison sentence of between ten and twenty-five years. This crime includes conduct such as the production, transportation, trafficking, commerce, supply or prescription of narcotics, without the corresponding authorization.

A prison term of ten to twenty-five years and a fine of one hundred to five hundred days will be imposed on the person who:

I.- Produces, transports, traffics, trades, trades, supplies, even free of charge, or prescribes any of the narcotics indicated in the preceding article, without the corresponding authorization referred to in the General Health Law;

For the purposes of this section, to produce means: to manufacture, fabricate, elaborate, prepare or condition any narcotic drug, and to trade: to sell, buy, acquire or dispose of any narcotic drug.

Supply means the direct or indirect material transmission, by any concept, of the possession of narcotics.

The trade and supply of narcotics may be investigated, prosecuted and, as the case may be, punished by the common law authorities under the terms of the General Health Law, when the assumptions of Article 474 of said law are met.

II.- Introduces or extracts from the country any of the narcotics included in the preceding article, even if it is momentarily or in transit.

If the introduction or extraction referred to in this section is not consummated, but it is clear from the acts carried out that this was the purpose of the agent, the applicable penalty shall be up to two thirds of that provided for in this article.

III.- Contribute economic resources or resources of any kind, or collaborate in any way in the financing, supervision or promotion to make possible the commission of any of the crimes referred to in this Chapter; and

IV.- Performs acts of publicity or propaganda for the consumption of any of the substances included in the preceding article.

The same penalties provided for in this article and, in addition, deprivation of office or commission and disqualification to occupy another for up to five years, shall be imposed on the public servant who, in the exercise of his functions or taking advantage of his office, permits, authorizes or tolerates any of the conducts indicated in this article.

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