According to the police report, the man cites that the trafficker acted in bad faith; Delegate points out that there is no crime of estelionato
An incident report was filed by a man who bought 30 grams of marijuana for $ 210, but did not receive the drug. ”He said in the virtual bulletin, that he contacted the trafficker and requested the purchase of marijuana for him, already saying that the Supreme Court () decided that up to 40g of marijuana is not characterized as a crime and the marijuana was not delivered. Police investigation because this kind of relationship has to have good faith. And this guy, according to him, is deceiving several that make recreational use of marijuana or use for medical factors, as is his case, ”said the delegate, who was on duty at the time he received BO.
Teófilo classified the case as unbelievable. “People are normalizing the use, the sale of drugs and still asking the police to take some attitude.” The case occurred at the end of February this year, but was released this week. According to the police report, the man cites that the trafficker acted in bad faith. “Although its activity is unlawful, and the use of the substance is not considered as a crime, good faith in relationships must be maintained and, in this case, as it was not, I am doing a police report for the purpose of investigating this criminal subject who has passed the leg on citizens who make recreational use and who sometimes need marijuana for medical factors, as is my case.”
The delegate explains that the man asks the police to take an attitude towards the alleged estelionato, because marijuana was not delivered. The individual was summoned to give testimony this Saturday, 22, and sign the attendance term in the Special Criminal Court. “I determined the establishment of a Circumstance of Occurrence (TCO) against the boy who recorded the occurrence for false crime communication.“ Regarding the alleged estelionato, in which he asks the police to act because marijuana was not delivered. ”
The delegate also points out that there is no estelionate crime when the issue involves a user and a drug dealer, as marijuana is considered an illicit substance. According to Teófilo, Article 340 of the Penal Code provides for a penalty for false crime communication – the person who is, for example, to the police station and communicating a fact that is a crime, but not existing, this may result in arrest of six months to one year, in a decision that must be analyzed by a judge.
Last year, the Supreme Court defined that people caught with up to 40 grams of marijuana or six female cannabis plants should be treated as user and non -traffickers. The decriminalization decided by the greater instance of the judiciary does not mean that the substance was released in the country, nor that there will be legalized trade from the plant or flowers ready for consumption. The decision follows the drug law, approved by Congress in 2006, which already provided that the size of the substance should not be punished with arrest or prosecuted criminally. The legislation, however, did not determine the technical criterion of quantity to differentiate user from trafficker.
*Report produced with the aid of AI and Estadão Content
Posted by Fernando Dias
