Lietuvos Respublikos baudžiamųjų įstatymų normų, reglamentuojančių atsakomybę už nusikaltimus, susijusius su disponavimu narkotinėmis ir psichotropinėmis medžiagomis, tobulinimo kryptys atsižvelgiant į 1988 m. JTO konvencijos „Dėl kovos su neteisėta narko

Abstract

In the article the author continues the analysis of the drug crime laws in the new Criminal code and the possibilies of their improvement. The author of the article analyses the aggravating circumstances, given in the 3rd article of the United Nations Organization 1988 Convention Against Illicit Traffic in narcotic drugs and psychotropic substances – the meaning of the aggravating circumstances and their place in the Criminal codes of Lithuania – in the old and the new ones. The analysis is done by using linguistic, comparative methods. The author analyses Criminal codes of Lithuania, Lithuanian court practice, the 1988 Convention of UNO, its commentary, some criminal laws of European Union countries.
The analysis shows that only the two of the eight circumstances – “The involvement of the offender in other illegal activities facilitated by commission of the offence” and “the victimization or use of minors” are fully concidered in the Criminal codes of Lithuanian, three of them – “Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party”, “The use of violence or arms by the offender” and “The involvment in the offence of an organized criminal group to which the offender belongs” partially, and the last three – “The involvement of the offender in other international organized criminal activities”, “The fact that the offender holds a public office and that the offence is connected with the office in question”, “The fact that the offence is committed in a penal institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities” are regarded neither in criminal laws, neither in court practice. The author gives suggestions for improvement of the situation according to the European Union laws by amending 260 and 263 articles of the Criminal code of Lithuania. The proposed edition of article 260 is the following:
260 article. The unlawfull disposition of narcotic drugs and psychotropic substances aiming to distribute them or illegal disposition of narcotic drugs and psychotropic substances in very large amounts.
1. One, who unlawfully produced, processed, obtained, possesed, transported or sent narcotic drugs or psychotropic substances having intent to sale them, or sold them, or in any other way distributed narcotic drugs or psychotropic substances, is punnished by arrest, or by a minimum of 5 years up to 8 years of imprisonment.
2. One, who unlawfully produced, processed, obtained, possesed, transported or sent large amount of narcotic drugs or psychotropic substances having intent to sale them, or sold them, or in any other way distributed narcotic drugs or psychotropic substances in large amounts, or sold them, or in any other way distributed them in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which shool children and students resort for educational, sports and social activities. is punnished by a minimum of 8 years up to 10 years of imprisonment.
3. One, who made the crimes, defined in the first or the second parts of this article, being a public officer and the offence is connected with the office in question, or one, who unlawfully produced, processed, obtained, possesed, transported, sent, sold or in any other way distributed very large amount of narcotic drugs or psychotropic substances, is punnished by a minimum of 10 years up to 15 years of imprisonment.