La procedencia de las medidas cautelares no privativas de libertad en el delito de tráfico ilícito de sustancias catalogadas sujetas a fiscalización en mínima escala.

Abstract

The antecedents of this investigation are represented by the application of preventive detention in cases of the crime of drug trafficking on a small scale, as if it were a general rule, while in some cases the possibility of applying other precautionary measures different from it is unknown. . Therefore, the problem of the application of this personal precautionary measure as a measure of restriction of freedom affects both the principle of minimum criminal intervention, as well as the principle of presumption of innocence, since given the scale it cannot be specified whether the The accused is a micro-trafficker or an addict whose addiction cannot be constitutionally criminalized. Regarding the general objective, it is proposed to reform article 220, paragraph 1, literal a of the Comprehensive Organic Criminal Code with a view to applying only non-custodial precautionary measures to replace preventive detention in drug trafficking crimes on a small scale. The investigative methodology used the qualitative modality through the review of doctrine, legislation, interview and case studies. The results of the investigation determine the feasibility of the proposal. The discussion shows some quite definite positions in favor of the application of alternative precautionary measures to preventive detention according to the problem addressed in this research. While the proposal is a way to consolidate the guarantees regarding people with addiction problems, they are being criminalized and their health situation is not being considered.