The full bench of the Criminal Chamber of the Supreme Court has established a criterion regarding 'petaqueo', the practice of supplying fuel to vessels engaged in drug trafficking, particularly along the coast of Cádiz. The decision follows a case originating in Conil, where a man was arrested with numerous gasoline canisters.
The recent Organic Law 1/2026, which came into effect in April of this year, introduced a specific subsection to Article 568 of the Penal Code to penalize the irregular transport of liquid fuels, with sentences ranging from three to five years in prison. However, the High Court has determined that this new classification will not be applied retroactively to acts committed before its enactment.
The ruling, dated June 10, 2026, prohibits the application of Article 568.2 to prior cases, unless the new regulation is more favorable to the defendant. This decision addresses an appeal filed by the Public Prosecutor's Office of Cádiz against the dismissal ordered by the Provincial Court of Cádiz in a specific case.
The Supreme Court considers that the classification of the acts as 'petaqueo' under Article 568, prior to the reform, was neither clear nor settled. While acknowledging that the new law provides a specific legislative response, it emphasizes that offenses are judged according to the legislation in force at the time of their commission, unless the new regulation benefits the defendant.
The High Court's decision nuances the interpretation of the law, indicating that Article 568.2 would only be applicable if it were more advantageous than Article 348 of the Penal Code, which carries lesser penalties for transporting dangerous substances without complying with safety regulations.
