Nusikalstamų veikų, susijusių su neteisėtu disponavimu narkotinėmis ir psichotropinėmis medžiagomis, dalyko probleminiai aspektai.
MetadataShow full item record
Lithuania’s legislation, establishing criminal liability for illegal disposition of narcotic drugs and psychotropic substances, uses two different terms while identifying the subject matter for criminal deeds: “narcotic and psychotropic substances” and “plants, incorporated into the lists of controlled substances.” The legislation in article 269 of the Lithuanian criminal code explains that narcotic and psychotropic substances, indicated in the respective chapter of the Lithuanian criminal code, shall be those substances that are included in the lists of narcotic and psychotropic substances as approved by the Ministry of Health of the Republic of Lithuania. Plants having narcotic drugs and psychotropic substances are not introduced into this definition although the exception of the coca bush is enumerated in the lists of controlled substances. This described present position brings in a certain intricacy when deciding when a perpetrator should be punished only for illegal cultivation of plants and when he should be punished also for other illegal acts with narcotic and psychotropic substances. The second problem is connected to the quantity of narcotic drugs and psychotropic substances. In Lithuania the most important criteria of narcotic drugs and psychotropic substances that helps to define the criminal liability is the quantity of these substances. The legislation distinguishes small, large and very large quantities and by order of the Ministry of Health of the Republic of Lithuania, the recommendations of small, large and very large quantities are established. Analysis of Lithuanian court practice reveals that courts almost always strictly follow the given quantity recommendations while the table has no binding power and the courts, after investigating all circumstances of the case, could infringe the given recommendations. There are two opinions on how to evaluate a quantity of plants, because criminal liability is established only for the cultivation of a large quantity of plants. Commentators of the criminal code suggest usage of the mentioned quantity recommendations while the court practice takes a better position and evaluates the number of plants, but not the weight of the plants or the amount of narcotic or psychotropic substances in a plant. The third issue discussed in the article is the differentiation of the cultivation processes in the manufacturing of narcotic drugs and psychotropic substances, because in court practice some interesting opinions can be found. Enumerated legislative and practical questions are analyzed in the article, and using linguistic, historic, comparative and other scientific methods, it takes into account the legal position of UN Conventions (especially the Single Convention of 1961 and 1971 Convention on Psychotropic Substances), and the commentaries of these Conventions as answers to problem issues are provided.
- Straipsniai / Articles