НЕДОЗВОЉЕНА ПРОИЗВОДЊА, ДРЖАЊЕ И СТАВЉАЊЕ У ПРОМЕТ ОПОЈНИХ ДРОГА КАО ОБЛИК ИСПОЉАВАЊА ОРГАНИЗОВАНЕ КРИМИНАЛНЕ ДЕЛАТНОСТИ (НОРМАТИВНИ И ПРАКТИЧНИ АСПЕКТ)
ILLICIT PRODUCTION, POSSESSION AND MARKETING OF NARCOTICS AS A FORM OF ORGANIZED CRIME: NORMATIVE AND PRACTICAL ASPECT

Summary/Abstract: In the context of international and national normative framework, the production and marketing of narcotic drugs is permitted only for medical and scientific purposes. Any activity that exceeds these legally established boundaries constitutes an abuse. The criminal offense of illicit production and marketing of narcotic drugs is a form of abuse which has more serious features if it is committed by a criminal organization. Organized production and trafficking of narcotics expands the availability of narcotics on the market, which necessarily increases the number of executors, the supply in the drug market, and the number of consumers. In such circumstances, rigorous criminal policy is fully justified, but it is often counterproductive, given that the narco-mafia is more active than ever in this field. On the other hand, the Serbian legislator does not provide for the prohibition of mitigating the sentence, which gives the perpetrator the opportunity to participate in negotiations with the public prosecutor (plea bargaining). Thus, a number of perpetrators of the criminal offense envisaged in Article 246 (para. 4) were prosecuted on a regular basis by the Prosecutor’s Office for Organized Crime and the cases have been tried before the Special Court for Organized Crime. However, since 2013, as a result of abolishing the upper limit of imprisonment, criminal offenders may enter into plea bargaining agreements (on recognition of the committed criminal offenses). There is no doubt about the effectiveness of the latter proceedings, but it is still debatable whether general and special prevention can be achieved by mitigating the punishment.

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