The fight against narcolanchas is intensifying. The Anti-Drug Prosecutor's Office wants to expand the criminal response against the organizations that operate with narcolanchas on the Spanish coasts. The objective is for certain attacks committed at sea to also be prosecuted as piracy offenses, a figure included in the Penal Code that contemplates sentences of between 10 and 15 years in prison.
The strategy involves documenting in greater detail the episodes in which the vessels used by drug trafficking networks attack or endanger other boats during their operations. The Prosecutor's Office believes that some of these events may go beyond the crimes usually attributed to drug trafficking and fit into a specific criminal figure for the attacks committed at sea.
What the Penal Code considers piracy
The article 616 ter of the Penal Code punishes anyone who, through violence, intimidation, or deception, takes possession of, damages, or destroys a vessel or aircraft, as well as anyone who attacks the people or property on board. The penalty for this crime is between 10 and 15 years in prison.
The Prosecutor's Office is now studying the application of this provision to certain actions led by the narcolanchas. The key is not that any drug transport by sea can be considered piracy, but rather the existence of specific attacks that meet the requirements set by criminal legislation.
The attacks of the narcolanchas that can change the accusation
The initiative of Anti-Drug focuses on episodes of violence or attacks against vessels that occur during the operations of organizations dedicated to drug trafficking. To sustain an accusation of piracy, it is essential to document how each incident occurred and what damages or risks it generated.
The Prosecutor's Office intends for these facts to be specifically reflected in the reports and in the documentation that reaches the judicial proceedings. The goal is to have sufficient elements to assess, case by case, whether in addition to the crimes related to drug trafficking, the crime of piracy should also be applied.
Up to 15 years in prison in addition to other crimes
The importance of this strategy lies in the increase of possible criminal consequences. The organizations investigated for drug trafficking can already face penalties for crimes against public health, membership in a criminal organization, or other offenses related to each operation.
The incorporation of a piracy charge would add a new criminal front in those cases where the requirements demanded by law are met. The Prosecutor's Office thus seeks to respond to a reality that has intensified in some coastal areas, where drug boats are not only used to transport drugs but have also been involved in maneuvers and attacks of special danger.
The key is to demonstrate each attack
The change of strategy also aims to prevent certain attacks from being diluted within an investigation focused exclusively on the drugs transported or on the responsible organization. If the facts meet the legal requirements, the violent action at sea would have its own criminal response and could be added to the other crimes investigated.
The possible piracy charge against the sea narcos will therefore depend on the specific circumstances of each case. The Prosecutor's Office does not propose to automatically apply this crime to all organizations that use drug boats, but to reinforce the documentation of violent episodes in order to elevate the charges when the action fits within article 616 ter of the Penal Code.