Problematic Aspects of Subject Matter in Criminal Deeds, Related to Illegal Disposition of Narcotic Drugs and Psychotropic Substances (text only in Lithuanian)

Abstract

Lithuania’s legislation, establishing criminal liability for illegal disposition of narcotic drugs and psychotropic substances, uses two different terms while identifying the subject matter for criminal deeds: “narcotic and psychotropic substances” and “plants, incorporated into the lists of controlled substances.” The legislation in article 269 of the Lithuanian criminal code explains that narcotic and psychotropic substances, indicated in the respective chapter of the Lithuanian criminal code, shall be those substances that are included in the lists of narcotic and psychotropic substances as approved by the Ministry of Health of the Republic of Lithuania. Plants having narcotic drugs and psychotropic substances are not introduced into this definition although the exception of the coca bush  is enumerated in the lists of controlled substances. This described present position brings in a certain intricacy when deciding when a perpetrator should be punished only for illegal cultivation of plants and when he should be punished also for other illegal acts with narcotic and psychotropic substances.