Sentenced to three years for drug trafficking from his home in Alicante

A man has been sentenced to three years in prison by the Third Section of the Alicante Provincial Court for a crime against public health—substances that cause severe harm to health—with drug addiction serving as the mitigating circumstance. The Court also ordered the confiscation and destruction of the confiscated drugs and imposed a fine of 11,424 euros.

The man who was convicted was apprehended on April 7th, 2022, after National Police officers entered and searched his residence in Alicante. They had been conducting surveillance for the previous few days. The investigators intercepted numerous buyers who either proceeded to the home, which was situated on a mezzanine floor, or remained at the door to purchase varying quantities of drugs, predominantly cocaine, during these surveillances.

Officers confiscated three sacks containing over 500 grams of cannabis, 11 packages containing 129 grams of cocaine, and a package containing amphetamine at the residence. Additionally, they discovered a precision scale and cash that had been divided into bills from narcotic sales. The substances that were confiscated were valued at over 11,300 euros.

The man who was convicted during the trial admitted to the facts that the Prosecutor’s Office had charged him with and confessed to selling drugs from his residence. This admission was also corroborated by witness statements, expert evidence, and reports.

The man contended that he was a drug user at the time of the incident and that he had sold drugs that were provided to him by third parties in order to support his own consumption. Forensic reports determined that the convicted man had used cocaine and cannabis four and a half months prior to the incident after examining his hair.

The Court concluded that the urge to consume “could have, even slightly, influenced the commission of the criminal offence” in light of these circumstances and the conclusions of the Addictive Behaviour Unit (UCA). Consequently, the Court considered the mitigating circumstance of drug addiction.

The decision is not conclusive and may be appealed to the High Court of Justice of the Valencian Community.