TEORIJSKI I PRAKTIČNI ASPEKTI KRIVIČNOPRAVNOG REGULISANJA OPOJNIH DROGA
THEORETICAL AND PRACTICAL ASPECTS OF NARCOTICS ABUSE IN CRIMINAL LAW REGULATIONS

Summary/Abstract: In this research paper the author discusses about crimes from group of criminal offences against human health which have legally controlled psychoactive substances as an object of perpertrator’s act. In the first place, these offences are Unlawful Production and Circulation of Narcotics (Article 246) and Unlawful Possession of Narcotics (Article 246a) and (for this work needs, partly) Facilitating the Taking of Narcotics (Article 247). In the first part of the work, there are basic theoretical questions of General part of a Criminal law which are related to these offences. It is discussed about decriminalization in the context of modern view of drugs’ problem solving. We think that legalization of drugs has no perspective in future changes of Criminal Code of Serbia. „Drug possession“ is an offence which sholud be kept in our Criminal law system, despite its dogmatic and criminal policy shortcomings, such are dubious conditions for its applying. The first of them, „a smaller quantity“ is legal standard and depends on the circumstances of case. The second one is“own personal use“ of drugs and, it is the most critized reason for sanctioning drug possession because it predicts that only drug addiction is the reason for incrimination. Despite some reasonable arguments, we would not completely agree with them. On the other side, there are some useful mechanisms in our current law which can meet those demands, in acts which are not socially as dangerous as, for example, munufacturing or putting into circulation.

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