Portuguese court holds drug quantity is not an element of the crime type under Art. 21(1) DL 15/93.

The Supreme Court of Justice dismissed the appeal regarding the necessity of determining the quantity of drugs trafficked. The prosecution argued that the specific amount was a material element of the offense, while the defense contended it was irrelevant to the crime's constitution. The court ruled that the quantity does not constitute an element of the crime type defined in Article 21(1) of Law 15/93, rendering its determination unnecessary for conviction.