PRZEPISY KARNE USTAWY O PRZECIWDZIAŁANIU NARKOMANII W ŚWIETLE JEJ ZAŁOŻEŃ AKSJOLOGICZNYCH I TELEOLOGICZNYCH
THE PENAL PROVISIONS OF THE ACT ON COUNTERACTING DRUG ADDICTION IN LIGHT OF ITS AXIOLOGICAL AND TELEOLOGICAL ASSUMPTIONS
Author(s): Piotr KładocznySubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: drug possession; drug users; prosecutor; counteracting drug addiction; drug; substance; non-code legal act; drug addiction therapist; discontinuance of proceeding; small amount of drug
Summary/Abstract: The article analyses the impact of axiological assumptions presented in a non-code legal act on the interpretation of the features of criminal provisions of the Act of 19 July 2005 on Contering Drug Addiction. Based on the provisions of the Act and historical interpretation, the author examines the most important criminal Articles – 62a, 70a and 72 – of the Act to find the legal norms. The norms presented in the Act on Counteracting Drug Addiction are compared with their practical application by prosecutors – who are key executors of the criminal provisions of the Act. The author indicates dysfunctional interpretations of the provisions of the Act as applied by prosecutors that can be contradictory to the expectations of legislators. The article points the causes of that situation as well as lex ferenda and lex lata solutions.
Journal: Studia Iuridica
- Issue Year: 2022
- Issue No: 93
- Page Range: 104-123
- Page Count: 20
- Language: Polish