Modelo de política criminal de drogas en España: La tenencia para el consumo y el tráfico de drogas
The current basic norm for drug trafficking is drawn up in article 368 of the Spanish Penal Code.The imprecision of the legal description of the typical behavior constitutes a paradigm of what the Penal Doctrine calls an open type.The existence of imprecise criminal types causes the possibility of discrepant and contradictory positions, in many cases, on the part of the Courts andTribunals that apply the norm.The analysis starts from the history of public and legislative policies in Spain, pre- senting past and current laws, comparing the changes in the treatment of behaviors related to trafficking and the consumption of psychoactive substances. From the presentation of the legal-criminal particularities, legal and jurisprudential treatments are analyzed to differentiate cases of possession for consumption and drug trafficking.