Regional Court upholds four-and-a-half-year sentence for woman convicted of drug trafficking with partner in Plasencia
The High Court of Justice of Extremadura ratifies convictions for cocaine, heroin and cannabis trafficking in Plasencia, with fines of €15,000 and €22,000.
Regional Court upholds convictions for drug trafficking in Plasencia
The High Court of Justice of Extremadura (TSJEx) has upheld convictions imposed on a couple for drug trafficking in Plasencia: three years in prison for the man and four years, six months and one day for the woman. According to elperiodicoextremadura.com, the Civil and Criminal Chamber rejected appeals submitted by both defendants and also upheld fines of €15,000 and €22,000 respectively.
Woman sought acquittal claiming lack of direct participation
The woman's appeal formed a large part of the court's analysis. The defence maintained that her involvement in the offences had been inferred solely from her romantic relationship with the other defendant and sought acquittal. The TSJEx rejected this argument, finding that there were specific actions proving her active participation in the drug trafficking activity.
The Chamber emphasises that the convicted woman "was not convicted merely for living with the other defendant", citing case law from the Supreme Court requiring, in such cases, proof of specific conduct linked to trafficking.
Months of police surveillance of two properties in Plasencia
The investigation began when the National Police became aware that the couple had been engaged, from approximately August 2024, in the purchase, sale and distribution of cocaine, heroin and cannabis in Plasencia. Officers established a surveillance operation on two properties linked to the defendants over several months.
According to the facts established, the couple used their main residence as a storage facility for the substances, whilst a second nearby property functioned as a sales point and consumption site—referred to in police terminology as a "smoking house". During surveillance, officers observed frequent entry and exit by individuals identified as drug users.
On 11 occasions, police intercepted individuals who had left the second property carrying heroin or cocaine they had just purchased. These buyers were reported for possession of controlled substances. Officers also confirmed that some remained inside to consume the drug on the premises.
Simultaneous search of both properties on 30 October 2024
The Court of First Instance number 5 in Plasencia authorised on 29 October 2024 the entry and search of both properties, which were executed the following day. At the couple's main residence, officers found a precision scales, cash and various substances. At the second property, materials used to prepare doses and cutting agents, among other items, were found.
The total amount seized from the storage location was 112.74 grammes of cocaine—with a purity of 69.69% and an estimated value of €9,961.06—7.29 grammes of heroin, 32.18 grammes of cannabis resin and 1.4 grammes of cannabis. At the property used for sales, officers also found 15.38 grammes of cannabis and 19.33 grammes of cannabis resin.
Woman's "concrete and specific" role in the group's activity
The TSJEx found it established that the woman attended the sales property "on a permanent and constant basis", despite it not being her main residence. According to the officers who participated in the surveillance, she was the one who opened the door to buyers and who, before allowing them to enter or leave, checked that there were no other people in the vicinity.
For the court, this conduct revealed a "concrete and specific role" within the couple's joint activity. The sentence concludes that the woman did not merely know that her partner was selling drugs, but actively participated through opening the property and monitoring its access.
The Chamber also took into account that the man himself acknowledged having sold drugs at that property and having allowed buyers to consume there. The testimonies of officers and the set of circumstantial evidence gathered establish, in the court's view, joint action by both parties.
Defence argued personal use; court ruled it out due to variety and quantity of substances
The defence further argued that the drugs found at the main residence could have been for the man's personal consumption, as he was a regular cocaine user. The TSJEx ruled out this possibility based on the variety and quantity of substances seized, and because the defendant had not proved he consumed heroin, cannabis resin or cannabis.
The sentence notes that alongside the drugs, officers found a precision scales and cutting agents, elements which, combined with the rest of the evidence, establish the purpose of distribution to third parties.
Convictions with mitigating and aggravating factors applied by Provincial Court
The Provincial Court of Cáceres had convicted the man to three years in prison and €15,000 fine, applying the mitigating factor of serious drug addiction. The woman received four years, six months and one day in prison and €22,000 fine, as an aggravating factor was found—prior conviction for drug trafficking.
The TSJEx has entirely rejected the appeal and confirmed the Provincial Court's decision, imposing the costs of the appeal proceedings on the convicted parties. The judgment is not yet final, as a cassation appeal may be prepared against it before the Second Chamber of the Supreme Court.
Source: Google News ES — Crime (es)