Undue delays

The Supreme Court (SC) of a person convicted in the National Court to imprisonment and a high fine for a serious drug trafficking offense (cocaine, amphetamines, and hashish) in a significantly large quantity and recidivism. The investigation, initiated in 2013, involved numerous individuals in a complex supply and redistribution network of substances, many of whom had already been convicted in other proceedings. The convicted individual appealed to the SC alleging, among other reasons, that there was

excessive delay in the process , as more than 6 years passed between the investigated events and the sentence. The SC analyzes different grounds of the appeal, but the most relevant one is that of undue delays, warning that, although the case was complex , the part for which he was ultimately convicted had already been clarified in 2014 , and that delay was neither justifiable by the judicial action nor attributable to the accused. Therefore, it decides to apply the simple mitigating circumstance of undue delays, which allows for a reduction in the sentence by considering that the accused should not "pay" for the inactivity of the judicial system . .

As a result, the TS reduces the defendant's sentence, lowering the prison term and the fine, while maintaining the rest of the rulings. The ruling recalls that the defendant's responsibility is proven, as he played a leading role in the shipment and redistribution of large quantities of drugs, but his procedural rights must also be respected. Other requests, such as the mitigating factor of drug addiction, were not accepted because it was not proven that the addiction actually influenced the events.

In claims arising from criminal acts, our lawyers can provide you with the appropriate advice and defend your interests.