PREKRŠAJNO PRAVO U SLUŽBI SUZBIJANJA ZLOUPORABE DROGA U REPUBLICI HRVATSKOJ: POSJEDOVANJE DROGE BEZ NAMJERE STAVLJANJA U PROMET
MISDEMEANOR LAW AT THE SERVICE OF DRUG SUPPRESSION IN THE REPUBLIC OF CROATIA: DRUG POSSESSION WITHOUT DISTRIBUTION INTENTION

Summary/Abstract: When it comes to drug abuse suppression, the choice of a state reaction is conditioned by different circumstances, but the aspiration for efficiency is the primary motive. The means of banning imply legal mechanisms and sanctions, and in the Republic of Croatia, these mechanisms derive from criminal law and misdemeanor law. The subject of this paper focuses on the misdemeanor law in view of the significant alteration presented in the Republic of Croatia a few years ago: drug possession without distribution intention has been left out of criminal law mechanism and left to misdemeanor law. However, this solution opens a number of questions. The paper gives answers to these questions by a holistic approach. It presents the legislative positions, taking into account the prior knowledge and the etiology of the accepted solution, outlines the presence of drug abuse in the society, and by conducting research of relevant judgments, the paper discloses the attitudes of the judiciary by reviewing the adequacy of the adopted solution.

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