Conviction for complicity in a qualified violation of the Narcotics Act

Facts

In this case, it was about an appeal by the Federal Prosecutor's Office against a judgment of the Federal Criminal Court. The Federal Prosecutor's Office brought charges against [A.] , [B.] and [C.] for a qualified violation of the Narcotics Act in terms of quantity, gang and commercial activity.

The Federal Criminal Court convicted [A.] and [B.] as co-perpetrators and [C.] for complicity in the qualified violation of the Narcotics Act. [C.] was sentenced to a custodial sentence of 2 years and 4 months.

The Federal Prosecutor's Office filed a nullity appeal against the judgment and requested that the contested decision be set aside and the case be remanded to the lower court for a new assessment.

Considerations

The Federal Supreme Court held that [C.] was guilty of perpetration, not complicity, in the qualified violation of the Narcotics Act. He had personally fulfilled the statutory elements of the sale or arranging a meeting for the sale of narcotics and should…