The Almodôvar Court acquitted a defendant who had in his possession 5.440 doses of cannabis, considering that it was intended to “ensure consumption over a long period of time”, situation that did not convince the Public Ministry, who appealed the decision.
The Judges of the 2nd Criminal Subsection of the Court of Appeal of Évora (THREE), last day 10 of September, recognized “the defect of the notorious error in the assessment of the evidence” revoked the sentence of the 1st Instance court and ordered it to “convict the defendant” for a minor trafficking crime “with a sentence of two years and six months in prison, suspended on execution".
The sentence of the Almodôvar Court was handed down last day 21 of March and in it was passed the decision of the judge who defended that despite the defendant having in his power and planted by himself, 113 planted and that cultivation is a crime and that “such quantities exceed, much as established for a daily dose, It was not verified that the defendant was a drug dealer.”, hence his acquittal.
Almodôvar's MP had a different understanding and appealed to the TRE, arguing that the defendant “should be convicted” of the minor crime of trafficking “in view of his confession”, situation that merited the agreement of the Deputy Attorney General of the TRE who issued an opinion corroborating the appeal and conviction.
The case occurred in 22 August 2022, when the GNR discovered it in Monte Ginjões, municipality of Almodovar, 113 cannabis plants, inside two artisanal greenhouses, plants that, according to the investigation and the MP, corresponded to 1484,639 grams, corresponding to 5440 doses. The accused, a graduate, lived alone, he had no income of his own and had lost all his investment in cryptocurrencies.
The case will return to the Court of First Instance of Almodôvar where the judge will have to sentence the defendant, according to the decision of the TRE Judges, to a sentence of two years and six months in prison, suspended on execution.
Teixeira Correia
(journalist)
