判例法数据库

毒品犯罪

犯罪

• 进口/ 出口

所涉物质

• Cocaine

参与有组织集团

犯罪

• 参加有组织犯罪集团的犯罪活动
• 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪

Operation STIHL

事实梗概

OPERATION “STIHL” is emblematic of cases over the last few years. It was overseen by OCRTIS (French National Counternarcotic Office) in 2005. The case started with an open source “OS” who revealed the existence of a cocaine drug trafficking ring, with massive imports into Europe.

The French prosecutor brought a judicial response on « O.C. » Organized Crime activity grounds. The indictment included members in:

- A South American organization located in Colombia « 38 - treinta otcho » and in Venezuela.

- France and Spain

- Italy: criminal group in MILAN.

The Head of OCRTIS, with the agreement of the Public Prosecutor of Paris Court (JIRS - Specialized Interregional Jurisdiction), decided to start a JIT (Joint Investigation Team) with SPAIN. This  was the first successful JIT for a drug case between France and Spain.

150 kilos of cocaine were seized, of a value estimated at 300,000 Euros (without specific financial investigations).

The inquiry started with a written agreement from the French public prosecutor, during the preliminary stage of the proceedings.

On the Spanish side, the same practices were put into effect, with additional phone surveillances.

An undercover operation was implemented, with three agents from SIAT (Inter ministerial Assistant technical department).

Further assistance was provided by:

- BREC (Search and Intervention Team) from TOULOUSE.

- Gendarmerie and Emigration Police (PAF) airforces, surveillance by plane.

Technical French and Spanish groups worked together, using tracking devices. A Spanish team in the field coordinated with the French investigation team.

评注和重要特点

This case was important for several reasons:

- It involved drug trafficking (cocaine imports) from Colombia to several countries of the EU (France, Spain, Italy)

- The transnational organized group was combatted with a new investigation framework: Joint Investigation Team (JIT)

- This case involved the first JIT for a drug trafficking case

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 参与者、调解人、从犯
• 组织者/指挥者

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

法国

西班牙

意大利

哥伦比亚

侦查

所涉机构

• French National Counternarcotic Office

特殊偵查手段

• 电子或其他形式监视
• 暗中活动/假冒身份/渗透

评论

The judicial investigation was led on three levels:

- French classical inmvestigation (preliminary frame or rogatory commission)

- French investigation with undercover operations.

- French & Spanish investigation in a JIT (Joint Investigation Team).

The Investigation was simultaneously conducted in both countries (France and Spain), on both territories.

Seizure of money, cars, drug, weapons helped the investigation.


Additional investigative measures:
- Use of the INTERPOL database

- Tracking devices

- Air surveillance (helicopter and plane)

 

国际合作

所涉国家

西班牙

措施

• 没收事宜的国际合作/資產追回
• 司法协助
• 国际执法合作(包括国际刑警组织)

性别平等方面的考虑因素

详情

• 性别考虑
• 女性主犯

程序步骤

法律制度:
民法
最新的法院:
上诉法院
诉讼类型:
刑事的
被告人的审讯:
与同案其他被告一同处理(合并审讯)
 
 

被告/ 初审被申请人

被告:
Seanyn AVILA –SERRATI
性别:
国籍:
出生:
1973
被告:
Victor MARINA-MARCELLES
性别:
国籍:
出生:
1973
被告:
Xavier CAMPO
性别:
国籍:
出生:
1968
被告:
Darius DABROWSKI
性别:
国籍:
出生:
1971
被告:
Lilian MOURA
性别:
国籍:
/
出生:
1971
被告:
Andres Adolfo ISANOA-PEREZ
性别:
国籍:
出生:
1977
被告:
Diegue CAMPO
性别:
国籍:
出生:
1963
被告:
Samuel José MORENO ACOSTA
性别:
国籍:
出生:
1979
被告:
Juan Felipe MEJIA BENARD
性别:
国籍:
出生:
1973
被告:
Damian RUIZ
性别:
国籍:
出生:
1968
被告:
Victor Hugo ESCOBAR SALAZAR
性别:
被告:
Alessandro MELA
性别:
国籍:
被告:
Carlos Elias CASTRO
性别:
国籍:
出生:
1954

指控/索赔/裁决

被告:
Seanyn AVILA –SERRATI
指控详情:

- In France and Spain, illegal importation, acquisition, possession, sale and transportation of controlled drugs (cocaine), between January and June 2005;

- In France and Spain, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- Supplied controlled drugs (cocaine) to Samuel MORENO ACOSTA and Damian RUIZ RUIZ, instructed Juan Felipe MEJIA BENARD, contacted Victor MARINA MARSELLES, and ensured the supply of cocaine in June 2005;

- Illegal possession of controlled drug (cocaine);

陪审团裁决:
Guilty
监禁期:
8 岁
罚金/向国家付款:
150000  Euro  (100,000-500,000 USD)

Final deportation out of France

被告:
Victor MARINA-MARCELLES
指控详情:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs (cocaine) between January 2005 and June 2005;

- In France, looked for buyers in Italy, carrying 28,000 euros, and taking leadership in the drug transport process in Toulouse;

- In France, illegal acquisition, possession and transport of controlled drugs (73.94kg of cocaine) in June 2005;

陪审团裁决:
Guilty
监禁期:
6 岁
罚金/向国家付款:
10000  Euro  (100,000-500,000 USD)

Final deportation out of France

被告:
Xavier CAMPO
指控详情:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs (cocaine) between January 2005 and June 2005;

- In France, bought bags and a car meant to transport drugs, with Diegue CAMPO;

- In France, illegal acquisition, possession and transport of controlled drugs, in France (73.94kg of cocaine);

陪审团裁决:
Guilty
监禁期:
10 岁
被告:
Darius DABROWSKI
陪审团裁决:
Not Guilty
被告:
Lilian MOURA
指控详情:

- In France, illegal importation, transportation, acquisition and possession of controlled drugs (cocaine) on 18 June 2005;

- Participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs;

- Operated as the accountant of the organization, managing the money to be transferred once the drug was exchanged;

陪审团裁决:
Not Guilty
被告:
Andres Adolfo ISANOA-PEREZ
指控详情:

- In France, illegal importation, transportation, acquisition and possession of controlled drugs (cocaine), between January and June 2005;

- Participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs;

- Recruited Damian RUIZ RUIZ in may 2005, to assure the transport of 50,000 euros for a suitcase of cocaine, and recruited Diegue CAMPO in June 2005, to assure the transport of 73.94kg of cocaine;

陪审团裁决:
Guilty
监禁期:
6 岁
罚金/向国家付款:
100000  Euro  (100,000-500,000 USD)

Final deportation out of France

被告:
Diegue CAMPO
指控详情:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- Bought a car and bags meant to transport drugs and recruited a second driver (Xavier Campo);

- In France, illegal acquisition of controlled drugs, illegal possession of controlled drugs, illegal transport of controlled drugs, in France (73.94kg of cocaine) between January and June 2005;

- In Spain, illegal possession of a firearm: semi-automatic MAB22, long rifle, magazine with 10 bullets and a silencer, arms and ammunitions of the 1st and 4th category;

陪审团裁决:
Guilty
监禁期:
3 岁
被告:
Samuel José MORENO ACOSTA
指控详情:

- In France and Spain, illegal importation of controlled drugs, illegal transportation of controlled drugs, illegal acquisition of controlled drugs, illegal possession of controlled drugs (70.5kg of cocaine), between January and June 2005;

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- Participated in meetings with Seanyn AVILA SERRATI and Damian RUIZ RUIZ for drug and money exchanges, on the promise of 278,000 euros of payment in June 2005;

陪审团裁决:
Guilty
监禁期:
5 岁

Final deportation out of France

被告:
Juan Felipe MEJIA BENARD
指控详情:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- In France, illegal importation, acquisition, possession, transport and sale of controlled drugs (Cocaine; 140kg), between January and June 2005;

陪审团裁决:
Guilty
监禁期:
10 岁
被告:
Damian RUIZ
指控详情:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January and June 2005;

- In France, illegal transport, possession, acquisition and sale of controlled drugs (cocaine) in 2005;

陪审团裁决:
Guilty
监禁期:
4 岁
罚金/向国家付款:
50000  Euro  (50,000-100,000 USD)

Final deportation out of France

被告:
Victor Hugo ESCOBAR SALAZAR
被告:
Alessandro MELA
被告:
Carlos Elias CASTRO
指控详情:

- In France, participation in organized criminal activities relating to the illegal importation, possession, acquisition, transportation and sale of controlled drugs between January 2005 and June 2005;

- In France, illegal importation of controlled drug (cocaine) with Seanyn AVILA SERRATI, Samuel MORENA ACOSTA, Andres Adolfo ISANOA PEREZ and Victor MARINA MARSELLES, and facilitated the consumption of cocaine;

- In Italy, research potential clients for 70kg imported drug (cocaine);

陪审团裁决:
Guilty
监禁期:
10 岁
罚金/向国家付款:
200000  Euro  (100,000-500,000 USD)

Final deportation out of France