Legal Assesment of Illegal Actions with Narcotic and Psychotrophic Substances according to the New Criminal Code
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Abstract
The article discusses the current situation regarding the use of drugs and psychotropic substances in Lithuania and addresses the issue of tackling drug-related activity via the means of increased use of criminal penalties. Attention is focused on three areas of regulatory change intent on achieving higher effectiveness in this area. Those are (1) the clarity and transparency of the law itself; (2) the problem of criminalization and de-criminalization; (3) the principle of punishment and issues of its practical implementation.
In the article, a system of means and measures is proposed to increase the effectiveness of the law in each of the three areas of required regulatory change identified. The most significant of those are:
First, it is necessary to differentiate between the types of criminal liability depending on the effects of drug and psychotropic substances upon human life and health.
Second, it is necessary to supplement the established elements of crime with the following ones:
1) the presence of the element of organized drug trafficking on an international scale in the crime committed;
2) the use of arms and explosives. This element distinguishes the crimes of robbery and assault, so it is not clear why this distinction is not included in Art. 263 of the Criminal Code: doubtless, a significantly greater danger is implicit in this type of criminal acts;
3) whether the criminal act is performed in penitentiary, educational or public institutions. The latest research carried out at the above-mentioned institutions supports the view that such a qualifying distinction is necessary;
4) whether the crime was committed by a statesman or a civil servant and whether the criminal act is related to duties performed;
5) whether an underage person is involved in a role of an accomplice or is otherwise used in aiding, soliciting or abetting a criminal act related to drug and psychotropic substances.
Third, in case of trafficking of drugs, psychotropic substances or narcotic or psychotropic precursors (CC, Art. 1999, p. 2), and in respect of the illegal disposal of the narcotic or psychotropic precursors of the first category, it is necessary to differentiate between the levels of criminal liability depending on the quantities of the substances involved.
In the article, a system of means and measures is proposed to increase the effectiveness of the law in each of the three areas of required regulatory change identified. The most significant of those are:
First, it is necessary to differentiate between the types of criminal liability depending on the effects of drug and psychotropic substances upon human life and health.
Second, it is necessary to supplement the established elements of crime with the following ones:
1) the presence of the element of organized drug trafficking on an international scale in the crime committed;
2) the use of arms and explosives. This element distinguishes the crimes of robbery and assault, so it is not clear why this distinction is not included in Art. 263 of the Criminal Code: doubtless, a significantly greater danger is implicit in this type of criminal acts;
3) whether the criminal act is performed in penitentiary, educational or public institutions. The latest research carried out at the above-mentioned institutions supports the view that such a qualifying distinction is necessary;
4) whether the crime was committed by a statesman or a civil servant and whether the criminal act is related to duties performed;
5) whether an underage person is involved in a role of an accomplice or is otherwise used in aiding, soliciting or abetting a criminal act related to drug and psychotropic substances.
Third, in case of trafficking of drugs, psychotropic substances or narcotic or psychotropic precursors (CC, Art. 1999, p. 2), and in respect of the illegal disposal of the narcotic or psychotropic precursors of the first category, it is necessary to differentiate between the levels of criminal liability depending on the quantities of the substances involved.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
