NEOVLAŠĆENO DRŽANJE OPOJNIH DROGA- PRIVILEGOVANO DELO PROTIV ZDRAVLJA LJUDI ILI PRAVNO SUZBIJANJE NARKOMANIJE
ILLEGAL DRUG POSSESSION - PRIVILEGED OFFENSE AGAINST HUMAN HEALTH OR LEGAL SUPPRESSION OF DRUG ADDICTION

Summary/Abstract: In science and practice, there was a long debate about the criminal offense illegal possession of narcotic drugs, which until the amendment of the legal text in 2009 represented a privileged form (paragraph 3) of the criminal offense from Article 246 of the CC and represented any illegal possession of a substance or preparation that declared to be intoxicating drugs, except in the case when the drug is kept for sales. The previous decision, on the one hand, criminalized drug addiction in the case when this form included possession of drugs for personal use, while on the other hand, this form was also applied when dealing with drug dealers, i.e. the offense from Article 246,paragraph 1, but due to the problem of proving the intention to keep drugs for sales, the act is qualified as a privileged form. This was imposed as a need and a reason to overcome these problems in practice, and in 2009 the legislator tried to solve them by abolishing this privileged form of crime(Article 3) from Article 246 of the CC and introducing a new criminal offense Illegal possession of narcotic drugs by intimating the action in the new article 246a. In the paper, the author deals with the criminal law and statistical analysis of this criminal act, pointing out its great importance in the legal suppression of drug addiction, and even in the case of exemption from punishment in the event that the perpetrator discovers from whom he procures the drug (paragraph 3), since even then the measure of mandatory imprisonment is imposed treatment of drug addicts from Article 83. Although the criminalization of this act is justifiably less punishable than the act of producing and putting into circulation narcotic drugs, which is why it is still considered a privileged crime, its execution still attacks the zone of universal human rights, which is people's health, and its incrimination is very important because discovering the perpetrator can lead to the chain of drug dealers, which is independent, but also in the case of discovering the chain of production and sale of someone's drug addiction.

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