Users And Consumers

Criminal defense

At Brotsanbert we have a large team of lawyers with a high degree of specialization in crimes against public health, especially those related to cannabis, and a wide and extensive professional experience in defending the interests of both individuals (users and growers) and companies and associations.

More than 18 years of experience in the defense of personal and collective self-cultivation with around 85% of acquittals on these specific issues have made us contribute to the development of a jurisprudence on the annual collection of cannabis for self-consumption that better reflects this social reality so unfairly persecuted.

Around 1500 cases with a percentage of acquittals of 85%.

Administrative defense

In its article 10.1, the Spanish Constitution proclaims that the foundation of the political order and social peace lies, first of all, in the “dignity of the person”, in “the inviolable rights that are inherent” and in the right to free development of personality.

The current Spanish legal context in relation to the consumption, cultivation and supply of cannabis is determined by Law 17/1967, of April 8, whose scope and validity are in any case limited by respect for fundamental values ​​and rights and public and individual liberties guaranteed by the Spanish Constitution of 1978.
Therefore, the prohibition of consumption and supply of narcotic drugs, which is established in the aforementioned pre-constitutional and obsolete law, should be understood only in force as regards the principles of suitability, proportionality and non-discrimination, by affecting the aforementioned Constitutional rights and principles, and can not be in any way absolute when it comes to a substance that does not cause serious harm to health, carried out freely and privately by persons of legal age, and must be understood as justified in terms of consumption led to carried out by vulnerable groups, such as therapeutic cannabis users, highlighting here the constitutional right to health (art.43 CE).

The current Spanish legal framework, although it does not consider the consumption of cannabis in the private sphere a crime, it does sanction it if it is carried out in public spaces, applying Organic Law 4/2015 on Citizen Security, the same happens with tenure for self-consumption, clashing outright with the individual rights and freedoms enshrined in the Spanish Constitution that we mentioned before.
For all this, and for our accumulated experience in the associative and activist world, at Brotsanbert we resort, from rigor and professionalism, to administrative penalties for cannabis use or possession, since we understand that the vast majority of them are unfair and disproportionate , and go against the public and individual rights and freedoms guaranteed by the Spanish Constitution.

Appealing fines

The experience and thousands of sanctions resorted from Estudio Jurídico BROTSANBERT allows us to offer you, from the rigor and professionalism, a mechanized system of sanctions remedies for possession and / or consumption of cannabis or other substances on public roads or driving under effects thereof, in addition to a comprehensive service for fines resources for all users of cannabis and other substances.

 
1

Registration and contact information

To start an appeal, you must complete the registration form if it is the first time that you are going to proceed to appeal a fine online from our application. Once registered, log in and you will find a panel called “my cases” where you can manage all your resources.

2

Describe your case

From the “my cases”, section, you can open a new case to start the appeal. You only have to fill in the fields of the form where you can tell us about your case and choose among the services we offer, such as: fines, drogotest and annual contract resources. Once you have sent the case and made the payment, we will get to work immediately.

3

Sending documentation

For each resource you make, you may send us the necessary or required documentation to proceed with the resolution of your case in a confidential and secure manner. You must attach the sanction and above all take into account the date of the complaint.

4

We will inform you of the resolution

Once formalize the realization of the resource, we will take care of the rest, you will not have a nuisance until the appeal is resolved, we modify the address for the purposes of notifications and any notification regarding your fine will reach our office, we will only return to get in touch with you, foreseeably past even more than a year, to communicate the result achieved, which we hope will be, the annulment of the sanction.

The first question to be resolved is to know when the procedure starts, that is, when the period for submitting arguments begins. The procedure starts on the date you receive the certificated letter. Whether at home or at the post office, we have 15 business days from date of receipt to reduce or present the appropriate allegations.

Upon receipt of the initiation agreement, we have three options:

1.- Pay the amount of the sanction reduced to 50% (half the amount indicated by the sanction) and renounce to present allegations.
2.- Presenting allegations to the initiation agreement, bearing in mind the importance of knowing the date of notification of the initiation agreement to be able to present allegations in the correct period.
3.- Reduced payment, renouncing the presentation of administrative claims, and resorting directly to the contentious-administrative proceedings within two months from the payment of the reduced amount of the sanction.
The fees for appealing the administrative penalty amount to € 65 (VAT included). For association members who collaborate with our office the fees will be € 50 (VAT included).
The price for resorting to contentious channels must be made directly by calling the Law Office at 966 966 036.

*The prices established are for penalties of up to 1,400 euros, if the fine is greater than this amount, contact the Law Firm.
*Users who can opt for discounted payment must do so via bank transfer.

It is important to wait for a notification letter, this letter will confirm the positive presence of cannabis in the body. It is essential to note the date of receipt of that letter. From that day we have 20 calendar days (Sundays and holidays included) to make the decision that we consider most appropriate.

As we know, the penalty is € 1,000 and the withdrawal of 6 points from the driving license, and the options are as follows:
• Reduced payment of € 500 in the first 20 days from the notification of the confirmation of the sanction. This means losing 6 points and giving up resorting to the administrative channel, there being the possibility in that case of resorting to the contentious-administrative channel within two months of the payment of the penalty with reduction.
• Appeal the sanction, and must indicate, in any case, the date of notification.

The price of the service will be € 242 (VAT included).
The price for resorting to contentious channels must be made directly by calling the Law Office at 966 966 036.

For an annual fee of €75 (VAT included) we will represent you in all administrative-sanctioning procedures for infringement of the Citizen Security Law (possession or consumption on public roads) and the Traffic Law (for driving with the presence of cannabis in the body)

Within this contract we will process all the allegations and appeals in the clients name wich should be processed through administrative channels for infraction of articles 36, paragraph 16, 17. 18 and 19 of the Organic Law 4/2015, of March 30, of protection of citizen security (tenure) and article 14.1 of the Law on Traffic, Circulation of Motor Vehicles and Road Safety (drogotest).

This contract will be annual in all cases, and will take effect on the day in which the amount of the is paid into the bank account provided.

Sanctions that have been notified to the sanctioned party prior to the payment of the agreed fees in the bank account, that is, prior to the entry into force of this contract, will not be appealed.

Questions?

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