March 6, 2021

A foreigner living in the Canary Islands will be expelled from the country for 0.76 grams of coca – La Provincia

Deepak MB, a citizen of Indian nationality, without criminal record, who claims to have lived in Tenerife for 28 years, although in an irregular situation waiting to fix his documentation, could be expelled from European territory in the coming days after being convicted yesterday to a sentence of two years of prison after a sentence of conformity and, therefore, firm, dictated in voce by the magistrates of the Sixth Section of the Provincial Court of Santa Cruz de Tenerife.

The defendant pleaded guilty to the charges against him after he was arrested on June 24, 2018 in Puerto de la Cruz carrying two bags of cocaine, the final weight of which was 0.76 grams; 40 euros and 23 cents, and a mobile phone.

According to the preliminary indictment of the Prosecutor's Office, at about 22:20 hours that day, Deepak M. B. was observed by police officers selling a bag of cocaine, and was subsequently arrested.

The representative of the Public Prosecutor's Office accused her of a crime against public health related to substances that cause serious damage to health. For this reason, he requested that he be sentenced to two years and six months in prison, as well as a fine of 45.06 euros, which is the economic value that the sale of the drug that had been intervened would have had on the illicit market.

Finally, when the prosecutor and defense counsel reached an agreement to issue a sentence of conformity by which the accused acknowledged the crimes that were charged, the prosecutor reduced his request to two years in prison and agreed that it will be suspended because it does not have a criminal record and, in any case, its commitment not to commit a crime in the next three years. You must also pay a fine of 45.06 euros.

However, when the defendant was identified, he presented a photocopy of his passport and alleged in the same room that the original was in the offices of Immigration because "it was processing the renewal of his residence permit".

At that time, the representative of the Public Prosecutor's Office requested that the court be informed of the situation in which the accused was in the country, since if his situation was irregular "it is imperative" to comply with article 89 of the Criminal Code, which states that "prison sentences of more than one year imposed on a foreign citizen will be replaced by their expulsion from Spanish territory, exceptionally, when necessary to ensure the defense of the legal order and reestablish confidence in the validity of the rule infringed by the offense, the judge or court may agree to the execution of a part of the sentence that may not exceed two thirds of its length, and the replacement of the rest by the expulsion of the convicted person from Spanish territory. rest of the penalty for the expulsion of the convicted person from the Spanish territory when that one accedes to the third degree or is granted the conditional freedom ".

Your situation will be known in a writ of execution of sentence.

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