The Federal Court of Appeal of Buenos Aires revoked the prosecution of a person to whom several ecstasy pills were seized at a rave party, last September, on having understood that the pills were for “personal use”.
On September 7, 2008, the accused traveled from La Pampa province to the Federal Capital to attend the “Moon Park” rave party, along with seven friends, according to what was established by the Judges.
This way, once inside the venue, he bought some 15 ecstasy pills, for which he paid about 400 pesos, and in that moment he was arrested.
The judge of first instance ordered the prosecution of the young man on having understood that he had bought the narcotics to commercialize them or for personal use, and qualified the fact as “simple tenancy”.
But now, the judges of the Room I of the Federal Court of Appeal, refuting the argument of the first instance, on having said that “it was not possible to discard that the narcotics were for personal use”.
The Court added that, in a similar case (”Vega Giménez”, of 2006), the Supreme Court said that the absence of certainty on the evidence must be taken in favor of the accused and that “what had to be demonstrated unequivocally is that the drugs were not for personal use”.
For this reason, the Court of Appeal determined to change the charges and thought that the second paragraph of the article 14 of the law of narcotics must be declared unconstitutional, following the tendency that began in the  ”Avila” case, last December.
