PandI Claims Services Spain, S.L, has provided us with the following information.

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Our company has been involved in two cases in the past months in Spanish ports where the vessel concerned was detained by the criminal court after a so called “narco-torpedo” was found attached to the hull below water level. The whole crew and the Master were also detained and interviewed, but eventually let free without charges.

Under Spanish criminal law, these facts are considered a criminal offence against public health (drug trafficking). This type of offence implies a penalty which can range from three (3) to nine (9) years of imprisonment plus a fine which can be up to three times the value of the drugs found. Additionally, according the Spanish Special Anti-Smuggling Act, these facts could be also considered as contraband dealing in illegal goods, which implies similar penalties of imprisonment but can extend the fine up to four-fold the drugs’ value, as well as the seizure of means by which they are carried, in this case the vessel.

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The circular regarding this issue can be found here

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