Neither the police nor the civilian Guard is now allowed to sanction any person in a parked vehicle who consumes drugs. This was established He claims to be a “private space.”
The department directed by Fernando Grande-Marlaska sets this criterion attending the penalties of the Supreme Court and acknowledges that the Citizens’ Safety Act includes fines (up to € 30,000) when it goes Collective vehicles or a direct crime against road safety when the car is driving.
As these regulations “leave prudent criteria” agents to appreciate whether it is conduct “or not, or not a serious violation”, the interior includes several sentences of the Supreme Court, dictating that, without being able to treat it as a private vehicle, “private space protected by a certain degree of intimacy.”
“Different question – indicates the interior – is that it is vehicles in transit, in which case it could be awarded in the Penal Code, in particular a crime against public health or a crime against road safety.”
How has it worked so far?
So far, if a civic security agent has found a person who enjoys drugs in a car, dEchidía if he denied him for a serious violation The application of Article 36.16 of the Civil Security Act or not. This section requires serious sanction “unauthorized consumption or possession of toxic drugs, narcotics or psychotropic substances, although they have not been intended for traffic, in places, roads, public institutions or collective traffic, as well as for the abandonment of instruments or other effects used in the places mentioned above.”
Then the security agent was able to forward a substance that became heavy and analyzed, and a proposal for a sanction referred to a government delegation that was Finally, he decided whether a fine was imposed for that person (usually $ 600).
So is it spent in public?
The Citizens’ Safety Act since 2015 and then transferred as a “gag law” by PSOE, when he was in opposition, finds that the police intervention is “justified by existence a concrete threat or objectively dangerous behavior This probably has probably caused true damage to citizens’ safety. ”
In this way, the interior claims that “unauthorized consumption or possession of drugs in public places directly leads to damage to the protected legal good, in which people’s safety is formed” and explains that, as stated in Article 36.16, it is referred to as a serious violation, fined up to 3,000 euros.