Crime against public health

In this post we are going to talk about a very topical subject, which is constantly on everyone's lips, it is about crimes against public health, but what are these crimes really?

Our expert criminal law lawyers in Marbella defend their clients in court in trials for crimes against public health.

Crimes against public health can be defined as "those that endanger or damage collective health and cause harm to the general welfare of society". The first thing that comes to mind when we talk about crimes against public health are those related to the trafficking of narcotic substances. But within these crimes there are numerous criminal offences of different natures.

These offences arise as a result of what is set out in Article 43 of the Spanish Constitution, in reference to the protection of health:

1. "The right to the protection of health is recognised".

2. These public authorities shall be responsible for organising and protecting public health through preventive measures and the necessary benefits and services. The law shall establish the rights and duties of all in this respect. [...]". The Supreme Court ruling 1701/2000, of 7 November, gives a very interesting definition for the criminal sphere, in which we find "public health, as such, does not constitute a real entity of a biological nature, but a verbal way of indicating a danger that is not permitted within the social order".

Our Penal Code regulates these offences in Articles 359 to 378, which are found in Title XVII. These offences are called "crimes of abstract danger", as they punish conduct that potentially endangers the health and even the life of citizens.

Offences against public health are divided into two blocks:

Those related to trade.

Those related to drug trafficking.

Firstly, we are going to talk about offences related to trade, which are the following:

The manufacture, trade or dispatch of substances harmful to health or chemical products that can cause havoc.

The dispatch or dispatch of medicines for humans or animals that lack the necessary legal authorisations.

Sports doping.

Producing, distributing or trading in foodstuffs that do not comply with health regulations, may be harmful to health or are in poor condition.

Poisoning or adulterating drinking water or foodstuffs intended for public use with substances that are infectious or harmful to health.

But these crimes can be carried out by "businessmen, intermediaries in the financial sector, doctors, public officials, social workers, teachers or educators, in the exercise of their position, profession or trade", which will result in the penalty to be imposed here, in addition to the corresponding penalty, being that of special disqualification of three to ten years.

As we can see, if these offences are committed by certain officials, there will also be a special disqualification from carrying out the work in which the offence was committed.

These offences, like most of them, can suffer attenuating circumstances and thus impose a lesser penalty on the alleged perpetrator of the offence, these attenuating circumstances being included in articles 361 to 372 of the Penal Code.

Do not hesitate to contact our Law Firm in Marbella if you want our lawyers to represent you in a criminal proceeding for a crime against Public Health, our team of expert Lawyers in Criminal Law in Marbella will be happy to defend your interests.