Drug trafficking

The Supreme Court (SC) resolves a very serious case that occurred at sea when a sailboat carrying cocaine was transporting cocaine collision with the official vessel . As a result, one of the agents fell into the water and ended up drowning Drowning The main discussion, regarding

drug trafficking Drug trafficking recovered lack of seizure solid indications Lack of seizure does not prevent conviction if there is solid evidence and a reasonable conclusion. Here it assess, all together , data such as a "rare" route, stopping in a typical transfer area, disconnecting the AIS, previous operational information, evasive maneuver, intentional fire, and especially that the agents saw several bales and identified them by their shape, placement, and approximate weight as typical of cocaine transport. Based on this, the judgment also considers that there is " notable importance " due to the deduced quantity and " extreme seriousness " for using a vessel as a specific means of transport.

Regarding the death of the agent , the Supreme Court understands that the relationship between the maneuver and death , dying from drowning falls within the risk created by a bullfight at sea. Also, appreciates eventual intent since the helmsman acted to prevent boarding knowing that it could seriously endanger the lives of the occupants of the auxiliary vessel, and yet continued with the maneuver.

Regarding the fire , it is not limited to "damages" as it was a intense fire , with explosions, which forced the rescue of people before sinking, so it fits as fire with danger to people . And also appreciates piracy , explaining that this offense, as stated in the Penal Code, does not require "profit motive" or "private purposes", it is enough violent attack at sea on an official vessel, because what is protected is the safety of navigation.

Finally, the Supreme Court clarifies how to combine the crimes, there is no " bis in idem ", because they protect different goods , but since everything stems from a single maneuver, it is not treated as real competition , but as ideal competition , with a unique penological response tailored to that unit of action.

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