Drug Offender Convictions and Sentencing in Portugal 2012

"Of the 2 051 convicted individuals under the Drug Law (2,041 in 2011, 770 in 2010, 1,684 in 2009, 1,392 in 2008 and 1,420 in 2007), 80% were convicted for traffic, 19% for use and 1% for traffic-use. The focus goes to the increase in the proportion of individuals convicted by use since 2008, related with the fixation of case law on situations for own use in superior amount than the required for the average individual use during a period of 10 days (Supreme Court of Justice n. o 8/2008, of 5 August). Indeed, in 2012, in about 74% of convictions for use was made express reference to this Judgment (76%, 75% and 84%, respectively of the convictions for use in 2011, 2010 and 2009).
"From the 1,638 individuals convicted for traffic, 1,635 were initially accused for that crime and 3 for traffic-use. From the 388 individuals convicted for use, 232 (60%) were accused for that crime, 152 (39%) for traffic and and 4 (1%) for traffic-use. Of the 25 individuals convicted of traffic-use, 19 (76%) were accused for traffic and only 6 (24%) for traffic-use.
"Once more Lisbon and Porto were the districts that registered the higher percentages of these convictions (respectavily 36% and 19%), followed by the Autonomous Region of Azores (6%), Setúbal (5%), Aveiro (5%) and Braga (5%).
"The higher rates per inhabitants aged 15-64 were registered in the autonomous Region of Azores and in the districts of Lisbon, Portalegre and Vila Real.
"Concerning the sanctions51 applied in these convictions, mostly related with trafficking crimes, such as occurred in 2004 and contrary to previous years, these convictions involved mainly suspended prison (48%) instead of effective prison (31%). To refer specially since 2009, the increase of convicted only sentenced with an effective fine, predominantly applied to convictions related with consumption."


General-Directorate for Intervention on Addictive Behaviours and Dependencies (SICAD), "2013 National Report (2012 data) to the EMCDDA by the Reitox National Focal Point: PORTUGAL: New Development, Trends and in-depth information on selected issues" (Lisbon, Portugal: 2013), pp. 101-103.