Punishment for possession with intent to promote
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The penalty for possession for the purpose of promotion or trafficking shall be increased in cases restricted by the second paragraph of Article 38 of the Law for Combating Narcotic Drugs and Psychotropic Substances. The original penalty before tightening is imprisonment from five to fifteen years, flogging not exceeding fifty lashes at a time, and a fine from one thousand to fifty thousand riyals.
Article Thirty-Eight stipulates that: “The penalties stipulated in Paragraph (1) of this Article shall be increased in the following cases”:
The presence of one of the cases of Clause (Third) of Article Thirty-Seven in the offender
They are:
- Recurrence of committing one of the crimes mentioned in Article Thirty-Seven after having previously been sentenced for one of them, and the previous penalty was based on that article.
- The offender must be a public employee, user, or person charged with implementing the provisions of the system, or one of those entrusted with combating drugs or psychotropic substances or controlling their circulation or possession.
- To be an accomplice in an organized gang whose purpose is to smuggle drugs or psychotropic substances into the Kingdom, trade in them, or provide them for use, or for his crime to be associated with an international crime such as arms smuggling, currency counterfeiting, or terrorism.
- The perpetrator must be armed and use his weapon while carrying out the crime.
Committing the crime or part of it in a mosque, educational institution, or correctional facility, as specified in the regulations.
The substance in question must be heroin, cocaine, or a substance similar in danger
Provided that this is proven by a technical report approved by the Ministry of Health and that the substance is included in the tables accompanying the law.
Exploiting a person subject to the offender’s upbringing or actual authority, or using a minor in the crime
It also includes providing a drug to a minor, selling it to him, or pushing him to use it by any means of enticement or intimidation.
Preparing or managing a paid place for the use of narcotic drugs or psychotropic substances.
Conclusion: Proof of one of these cases, in addition to proof of possession for the purpose of promotion or trafficking, is sufficient to increase the penalty. However, Article 38 stipulates severity without specifying in its text the amount of severe punishment for each case. Therefore, the judicial ruling determines it within the scope of the applicable texts and established facts in the case.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article Thirty-Eight of the Law for Combating Narcotic Drugs and Psychotropic Substances
- Article Thirty-Seven of the Law for Combating Narcotic Drugs and Psychotropic Substances
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