Penal - Rol N° O-323-2015

Tribunal absuelve a imputada de tráfico de drogas al no acreditarse la pureza de la sustancia, considerando este requisito esencial para configurar el delito según la Ley 20.000.

• Nombre faced accusations of two counts of illicit trafficking of small quantities of narcotics under articles 1 and 4 of Law 20.000 for events on October 13 and 28, 2014.
• The court established that on October 13, 2014, 50 envelopes containing 1.4 grams net of cocaine hydrochloride were seized, and on October 28, 2014, 15 envelopes containing 0.5 grams net of cocaine were seized, which the prosecution argued were intended for commercialization.
• The defense contended that the seized substances were for personal consumption and argued that the prosecution failed to prove the "material unlawfulness" (antijuridicidad material) due to the lack of evidence regarding the drug's purity.
• The core legal question was whether the determination of the drug's purity constitutes a mandato...