The First Section of the Provincial Court has confirmed a sentence that the Criminal Court number 1 of Arrecife imposed on a man who was caught selling heroin in the capital of Lanzarote. The accused, in an irregular situation in Spain, was sentenced to one year and eight months in prison, but it was agreed to replace said sentence with his expulsion from the country for five years in a ruling that the Provincial Court has made final after dismissing an appeal from his defense.
According to what is considered proven, at approximately 12:15 p.m. on September 29, 2015, on Fray Luis de León street in Arrecife, the accused sold another man a substance "in a lollipop" that "once analyzed, turned out to be 0.29 grams of heroin with an average richness of 4.72%", an amount that in the illicit market would have reached "a value of 2.49 euros". In addition, it is pointed out that he got rid of "the rest of the drug he was carrying in his mouth when he fled the scene in the presence of agents of the National Police and that, at the time of his arrest, 10.77 euros were seized from him, "product of his illicit activity".
Therefore, this man was sentenced by the Criminal Court number 1 of Arrecife to a sentence of one year and eight months in prison as the author of "a mitigated crime against public health in its modality of substances that cause serious damage to health", as well as a fine of 7.47 euros. However, it was agreed to replace the imposed prison sentence with his expulsion from the national territory and a ban on entry into Spain for a period of five years.
He claimed that the amount of drug was "less than that established as minimum"
However, the accused appealed the first instance ruling, alleging that the drug seized weighed 0.29 milligrams, which, with a purity of 4.72%, gave "a total of 0.013 milligrams", an amount less than that established as minimum by the Supreme Court". Thus, he argued that "at no time would it be harmful to health" and requested the revocation of the conviction and his acquittal.
"The appealing defense alleges a weight of 0.29 milligrams when in reality it is 0.29 grams and not milligrams", the First Section of the Provincial Court points out in this regard in a ruling issued on March 27, where it explains that, given the purity of the drug seized and applying the corresponding arithmetic rule, they represent "13.6 pure milligrams of heroin and not 0.013 milligrams". "
"And, having established the above, it is enough to say that said amount of 13.6 pure milligrams of heroin far exceeds the indicated minimum psychoactive dose of 0.66 milligrams for said substance", adds the chamber, which dismisses the appeal of the accused, confirming the conviction. In addition, it indicates that no appeal can be filed against its resolution, except for clarification.
The Court asked to investigate a witness for false testimony
In the judgment issued in the first instance and which has now been made final by the Provincial Court, the Criminal Court number 1 of Arrecife also agreed to "deduct testimony from the proceedings to the Court Dean of the Judicial District of Arrecife for its subsequent distribution among the Courts of Instruction in case the facts constitute a crime of false testimony in a criminal case" committed by a witness, who was the one to whom the accused sold the drug.