Written by Javier Rincón Bernal & Manuel Rincón Bernal — Criminal Defence Lawyers · RINBER (25 years of practice)
Drug trafficking is one of the most serious criminal offences under Spanish law. Convictions can result in prison sentences of between 3 and 21 years, depending on the substance, quantity and whether aggravating circumstances apply. If you are facing drug-related charges in Spain, specialist legal representation is not optional — it is essential.
Which Courts Handle Drug Cases in Spain?
The court handling your case depends on its complexity:
- Juzgados de lo Penal — for minor drug offences (possession for personal use, small-scale distribution).
- Audiencia Provincial — for more serious offences prosecuted as procedimiento abreviado or sumario.
- Audiencia Nacional (Madrid) — for organised drug trafficking with international connections. This is the most serious tier and requires a national-level specialist.
Sentences for Drug Trafficking in Spain
Under Article 368 of the Spanish Penal Code:
- Substances causing serious harm to health (cocaine, heroin): 3 to 6 years.
- Less harmful substances (cannabis): 1 to 3 years.
- Aggravating circumstances (large quantities, organised crime, leadership): sentences can reach 18 to 21 years.
Arrested or under investigation?Speak to a criminal lawyer now. Free first consultation.
Key Defence Strategies
- Challenging the legality of the search or wiretap that produced the evidence.
- Arguing possession for personal consumption rather than distribution.
- Contesting the chain of custody of drug samples.
- Attacking witness identification evidence.
- Negotiating a conformity (guilty plea deal) when it produces a significantly better outcome than a full trial.
Contact RINBER
Javier and Manuel Rincón Bernal have over 25 years’ experience in drug trafficking defence across all Spanish courts, including the Audiencia Nacional. Call +34 627 467 042 — available 24 hours.
Manuel Rincón Bernal
Specialist in drug trafficking, money laundering and economic crime. Represented Costa Concordia victims; regular voice in El Mundo and La Sexta.
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