Carrying of Narcotics, Personal Dose and Intent to Traffick as an Essential Element of the Conduct

Abstract

When an addict is seized with a prohibited substance that creates dependence in an amount slightly higher than the amount allowed as a dose for personal consumption, it must be understood that he/she possesses it for his/her supply, unless he/she acts with the subjective element of the type other than malice that, implicitly, contains the behavioral description contained in article 376 of the Criminal Code, that is, the intent or purpose of trafficking. Thus, the realization of the criminal offense does not depend -in the end- on the amount of substance carried, but on the true intention pursued through the described action; in these cases, the agent must be acquitted if he has been convicted.