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Wie legt man Einspruch gegen eine Haschisch-Strafe ein?

Guides

Being given a fine for hash is something that nobody wants to go through. However, it can happen and the good news is that you can appeal a fine for hash, depending on the circumstances.

At Smoking Paper we recommend you seek professional help whenever you want to file legal action, as they will provide you with proper guidance.

However, it never does any harm to find out a little more information. We are here to tell you what you need to know about appealing a fine for hash, offering information on the quantities that can lead to penalties and the stages of the process as a whole.

Why can I be fined for having hash?

The legislation surrounding hash has changed a lot. This year Smoking Paper is celebrating its centenary year and we can assure you that the current law on the consumption of this substance is nowhere near the same as what existed 100 years ago.

In Spain, the Organic Law 4/2015 from March 30 on the protection of citizen security is currently enforced. This law regulates the consumption and possession of substances such as hash.

Article 36 of this law sets out the grounds of possible situations in which you could be fined for hash.

  • For the consumption or possession of hash in a public space, in the street, and in public premises or on public transport.
  • For the disposal of paraphernalia or other items used to consume the substance in the above mentioned spaces.
  • For the transportation of people (regardless of the type of vehicle) to facilitate their access to hash.
  • The planting and harvesting of hash in spaces that are visible to the public.
  • If a person owns a public premises or establishment and allows the consumption or dealing of hash, or fails to impose appropriate actions once aware of these situations.

What quantity warrants a fine?

The fine given for hash can vary depending on the circumstances.

In general, there are three degrees of offense: minor, serious, or severe. Each of these degrees bears a financial penalty which can range from a minimum fine to a maximum fine.

  • Minor fine for the consumption or possession of hash for a set amount permitted for personal consumption: from 601 to 1,000 Euros.
  • Serious fine for possession, consumption, or production of hash in public spaces for an amount that is over the permitted limit for personal consumption: from 1,001 to 30,000 Euros.
  • Severe fine for the harvesting, production, trafficking or dealing of hash: from 30,001 to 600,000 Euros.

How can you appeal a fine for hash?

Now you know when and for how much you can be fined, depending on the situation. So, can you appeal a fine for hash? Of course you can, and you could save a lot of money if you do it properly.

Claim

The first thing you have to do is file your allegations, or your arguments, so as to dismiss the grounds stated for the imposition of the original fine.

You have between 10 to 15 business days to file your allegations as of the fine being imposed.

There is an official document that you will have to complete as well as some required forms to be filled out.

This must all be filed as an official claim at the sub-delegation of the Provincial Government where the events took place that led to the imposition of the fine.

Process stages

If the allegations are admitted, the judicial processing stages related to a fine for hash appeal will then begin. These are the most common:

  1. The case is reviewed.
  2. A possible appeal is filed.
  3. The contentious-administrative proceedings are initiated (if applicable).

In the case that the allegations are accepted, the proceedings will be archived without a penalty. You may get a fright, but nothing more will happen.

In the case of the allegations not being accepted, the proceedings will continue, although appeals can still be filed through the administrative proceedings.

If there are no more appeals to be filed, judicial proceedings can be filed, but this must be done within the first six months as of the first notice being received.

Furthermore, if the penalized ruling expires before this period, the fine will no longer be effective and you will have to pay it.

Common allegations

Whatever the circumstances, you cannot just give any excuse and expect your fine for hash to be void. You need to be consistent, both with the situation that led to the fine in the first place and the legal options you have before you.

In general, the most common allegations are related to:

  • The process has taken too long and the expiration date has passed for the penalty to be applicable.
  • The penalty expiring and there being no related legal consequences.
  • If the penalty notice is incorrect.
  • The events are recorded incorrectly. For example, no penalty can be imposed if there is only a record that you had smoking papers or smoking cones with you, but there was no way of telling what they contained.
  • If a penalty is received that is not in proportion to what happened (remember the three degrees of applicable fines).
  • If the entire process is carried out without the substance being analyzed.

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