The sanctioning response to the phenomenon of the cundas or drug taxis
Abstract
The art. 36.17 of Organic Law 4/2015, of March 30, on the Protection of Citizen Security (LOPSC) classifies as a serious administrative offence «The transfer of people, with any type of vehicle, in order to facilitate them access to toxic drugs, narcotic drugs or psychotropic substances, provided that it does not constitute a crime». With this precept, the legislator pursues the phenomenon of drug taxis. However, given the wording of the precept, it seems that the described conduct could also be subsumed in the type of drug-trafficking offence of art. 368 CP, in its aspect of promoting, favouring or facilitating the illegal consumption of toxic drugs. This paper explains the differences between both offences and concludes that the transfer carried out at the request of the trafficker constitutes complicity in the crime of drug trafficking, while the transfer carried out at the request of the consumer constitutes an administrative offence.
Received: 08.06.2021
Accepted: 18.06.2021
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Last update: 08/02/2022
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