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Narkotikų vartojimo kriminalizavimo poreikis ir tendencijos ES šiandieninės globalizacijos kontekste
Gruodytė, Edita |
Date Issued |
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2010 |
One of the impacts of globalization is the usage of narcotic drugs and psychotropic substances in the world and other directly related acts such as possession or purchase of drugs. Lithuanian foresees an administrative sanctions for consumption of narcotic drugs and psychotropic substances without a doctor prescription. While after inaction of new Lithuanian criminal code (in force from the 1st of May, 2003) for some directly with consumption related acts - possession or purchase of narcotic drugs and psychotropic substances in small amounts it is foreseen both criminal and administrative liability. Such legal regulation is misleading; it violates the principle of legal certainty and causes practical problems for prosecution and judiciary. The author of the article proposes solution of the mentioned problem by analyzing first of all factual situation in the world and EU related to consumption and criminality, second - UN position reflected in the latest conventions, EU politics regarding the analyzed questions and the legislation and practical application in EU Member States. Based on scientific research the author draws a conclusion, that consumption of narcotic drugs and psychotropic substances and their purchase and possession in small amounts should be treated as an administrative offence and that legislator should foresee special conditions for drug users-offenders to get treatment instead of penalty in certain cases.