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Development and other perspectives of drug offences Summary The subject of this thesis is the criminal law governing the manipulation of psychoactive substances or so-called drug offenses. For the purposes of the thesis the term psychoactive substances is equal to the term narcotic drugs and psychotropic substances as used in Act 40/2009 Coll., Criminal Code. Special attention is then paid to the real impact of this regulation in the area of drug related issues. The first chapter maps the development of laws governing psychoactive substances from antiquity to present day while observing the repetitive trends in the historical legal approach. The attention is also paid to the modern development in this area in the international field, with particular focus the most important conventions signed during the twentieth century and the gradually increasing role of the European Union. The changes in the legal treatment of drug offenses on Czech territory are then described in more detail, the current Czech legislation being one of the main focuses of the thesis. The individual drug offenses contained in Sections 283 to 287 of Act No. 40/2009 Coll., Criminal Code, are discussed in further detail also taking into account the relevant case law and any problems encountered in their practical application. Due to the...

anglickém jazyce The inner functioning of human nervous system allows for changes in states of mind after a consumption of specific substances. It is well known that these changes have an impact on the health of a consumer, be it acute or chronic. The undesirable effects are multiplied, if the consumption grows in scale to a society-wide issue and is not properly addressed. Any health damage is followed by social effects that endanger the cohesion of a society. States reacted to this development by a wave of drug regulation, be it their consumption or distribution, through international and domestic legal instruments. This approach is at present time unable to tackle the problem of so called "synthetic drugs". Synthetic drugs are unregulated chemical analogs of illegal drugs. They offer to users' effects very similar to conventional drugs, only without legal barriers and at a fraction of a price. The dangers of synthetic drugs are twofold. Not only are they more accessible to users, but they are also exponentially more dangerous and unpredictable. Dozens of new substances appear in the European market without their effects on human body being studied previously. Czech Republic has tools with which it regulates new synthetic drugs. This process is however often at odds with constitutionally guaranteed...

The thesis "Criminal Aspects of Drug Crime" presents selected aspects of the current global problem of drug abuse in the criminal law. The aim of the thesis is to point out the negatives of drug abuse and their image in the current wording of the facts of drug offences. The thesis is divided into four parts. The first part focuses on the frequently used term "drug", as well as the breakdown of drugs and the effects of selected drugs. The second part gives an overview of the development of domestic legislation, focusing in particular on the Criminal Law of 1950 and 1961. The third part is the core part and presents the current legislation, primarily the meanings of drug offences defined by Act No. 40/2009 Coll., the Criminal Code. The fourth and last part serves to present the Romanian legislation on drug offences, highlighting its most interesting aspects.

1 Abstract Crime relating to the abuse of addictive substances This thesis deals with the issue of substance abuse and criminality associated with this pathological phenomenon. Addiction and substance abuse can be considered a significant criminogenic factor, which is a common cause of traffic accidents, domestic violence, reduced self-control, increased aggression and other crime-related behaviors. Criminality related to the production, distribution and use of addictive substances covers a wide range of offenses, from trivial offenses bordering on offenses to the diverse activities of international organized crime, which can be consider a global issue. Subject matter of this thesis is to link this stated issue with fundamental knowledge about narcotic and psychotropic substances and its effects on individuals, along with their potential influence on the delinquent behavior of drug users, while providing a theoretical definition of crimes related to substance abuse and an effort to quantify this phenomenon. This thesis is devided into four parts. The introductory chapter focuses on interpreting concepts related to substance abuse, which is necessary for a comprehensive understanding of the stated issue. As a follow up to this, the second chapter deals with narcotic and psychotropic substances' fundamental...

The issue of legal regulation of drug related crimes in Czech criminal code Abstract The thesis deals with the alcohol and drug-related substantive crimes and aims to provide the reader with the detailed analysis of the basic substituent elements of a crime with the analysis of the basic terms of the problematic and application of the existing case law. The analysis of some vague terms which are the subject of unending discussion of both the legal community and the general public is also provided in the thesis. I processed the thesis with the focus on the substantive law with emphasis on the drug- related crimes regulated in legislative provisions § 284 to § 287 of the Criminal Code and further on the chosen crimes from the area of secondary drug-related criminal activity, especially on the crime of endangerment under the influence of drugs or alcohol according to provision § 274 of the Criminal Code and the crime of drunkenness according to provision § 360 of the Criminal Code. The thesis is divided into eleven chapters. The first chapter is dedicated to the problematic of addictive substances in terms of their characteristics, division into groups according to their properties and effects and within them are listed the most known addictive substances. Furthermore, it focuses on the individual risks...

Crime relating to the abuse of addictive substances The abuse of addictive substances is an issue of the whole society, which in current globalized world, considering continuous development of drug scene, still remains topical. The abuse of addictive substances, as a significant criminogenic need, relates to all kinds of different criminal offences, both those committed by addicts and those committed against them. This includes for example property crimes, crimes against life, person and health, or endangerment. Because of such wide scope of crimes related to the abuse of addictive substances, the focus of my work is on substantive regulation of so-called drug offences, which is stated in the articles 283 - 287 of the Criminal Code. The purpose of this thesis is to analyse constituent elements of the particular drug offences, coherent case-law, as well as some questionable issues related with this kind of criminal offences. It is for instance, the issue of determining the term "greater than the small amount" and regulation of making cannabis accessible for medical use. Higher consideration is given to the questions of so called growshops and the issues of the distribution of drug addiction. The thesis is divided into general part and special part. In the general part, there is a definition of some...

Název práce, abstrakt a klíčová slova v anglickém jazyce Title Criminal offences related to substance abuse. Abstract The main purpose of this work is to acquaint the reader with the Czech legal regulation of the so-called drug criminal offenses defined in the provisions of Sections 283 to 287 of the Criminal Code in the view of substantive law. This work will provide a general description of individual relevant crimes, their interpretation, as well as analysis of some terms that are associated with these crimes and which are still under discussion. Overall, the work is divided into six parts. The first part is devoted to the explanation of several basic terms, which are used in the work and whose understanding is necessary to understand the rest of the text, as well as the purpose of some legal provisions, which are further addressed. The second part deals with the issue of addictive or narcotic and psychotropic substances as such. This part provides several possible variations of the classification of these substances into groups and subgroups according to various aspects. Finally, the individual groups of addictive substances are mapped with regard to their characteristic psychoactive effects, toxicity or ability to induce psychological or physical dependence on an individual. For each of the groups of...

58 Drug Offences - Comparison of the Czech and Spanish Legislation Abstract This diploma thesis deals with the comparison of the current substantive law regulation of so-called drug offences in the criminal law environment of the Czech Republic and the Kingdom of Spain. Its key task is to provide its readers with a comprehensive picture of the current legal regulation in both countries by comparing their legal provisions, their case-law and opinions of the criminal law science. The thesis consists of four parts systematically divided into fifteen chapters. In the introductory part, it deals with international and European regulation. In its respective chapters, it briefly presents three fundamental international conventions of the United Nations and the current EU legislation in the framework of the primary and secondary law, forming a common basis for both national legislations. In the second part of the thesis, it presents a national Czech regulation of so-called drug offences, where the individual chapters successively analyse the drug offences term as such in the sense of criminal law science, the form and motives of the current legal definition of prohibited narcotic substances and their individual bodies of the crime according to their order in the Criminal Code of the Czech Republic. Analogically,...

in English Title: Development of legal regulation of drug related crimes The thesis analyzes current criminal legislation in the area of drug-related crimes, compares it with previously effective legislation and outlines ambiguities in interpretation of selected legal terms. Increased attention is paid to legislative changes of the past five years which determine the current situation and future legislative development. The author predominantly focuses on problematic issues and challenged provisions related to the discussed topic which she then examines in detail. In order to provide the reader with a full picture of the topic, opinions of academic and professional authorities are presented. Furthermore, judicial practice of mainly Supreme Court is emphasized, as it plays a key role in interpretation of law. Alongside currently applicable court rulings, obsolete judicature is also quoted in order to help the reader understand the background of the legislation and especially its previous precipitous development. The thesis is divided in five chapters. The first chapter introduces the reader into the topic of addictive substances and defines relevant legal terminology. The second chapter deals with the current legislation in the area of narcotic and psychotropic substances in international, European...

Drug Related Crimes Thesis - Natálie Váchová - abstract Drug trade spreads throughout every country in the world and thus constitutes one of our society's global problems. As a result, countries try to fight the trade and usage of drugs on the national as well as international levels. Drugs affect various aspects of drug addicts' life - whether this be their health or their social and financial well-being. There are also many crimes that are connected to drugs - illicit production, distribution or possession of drugs (the so called "drug-related crimes"), crimes committed in order to raise funds for the purchase of drugs (i.e. criminal act of theft) or crimes committed under the influence of drugs. The topic of crimes related to substance abuse is very diverse, which is why this thesis will only be focused on the so called "drug-related crimes". The main aim of this thesis is to define "drug-related crimes" in more detail, closely analyse the different interpretations of the term "quantity larger than small" in the case of narcotic and psychotropic substances invoked over time and finally to compare the Czech regulation with the German one. The First Chapter introduces the reader to the issues surrounding drugs by describing the history of usage of drugs and the process of national and international...

Crimes related to substance abuse Criminal offences related to substance abuse are still a highly topical issue having serious social, health-related, financial and security impacts on the whole society. Since the subject is very broad, I decided to focus on substantive law of so-called drug-related crimes. The thesis is divided into eight sections. In the first one I define the basic terms that are frequently used in the thesis and whose definition is crucial for understanding the text as a whole. Second section contains historical background of the current legal form of drug- related crimes in the Czech Republic, while also some international legal rules are included as they influenced local legal development as well as many legal obligations result from them for the Czech Republic until the present. Third section covers current legislation; it contains a common introduction for individual elements of the drug-related offences as well as a broader context within the Penal Code, and it also mentions certain non-penal legislation that is closely connected to this topic. Substance of this thesis is in sections 4 - 8 describing individual elements of the drug offences. In each section there is also some part devoted to analyzing current issues. In the fourth section I deal with an act of cannabis...

Crime relating to the abuse of addictive substances Crime relating to the abuse of addictive substances is still a current legal issue. It is a very broad topic including many different questions, namely illegal alcohol production, crimes committed by drug users to get money to pay for their addiction or crimes committed on drug users. However, the purpose of my thesis is to analyse drug offences in the Czech Penal law. In the first chapter of this work, I briefly describe the division of drugs into specific groups based on common features and also provide some information concerning origin, usage and effects of the most known substances. Second chapter deals with the history of legal regulation of crimes relating to the abuse of non-alcoholic drugs, because existing legislation is in many ways based on it. In this legal area, our country is still bound by several international conventions and I have incorporated them in this chapter too. Finally, this chapter includes some basic information about our new penal code. The merit of this thesis is contained in chapters 3 - 7. There, substantive rules of drug offences according to articles 283 - 287 of the penal code are analyzed using the commentary on the penal law, articles of legal experts, and especially jurisprudence. In these chapters, I direct...

The purpose of my thesis is to analyse crime relating to the abuse of addictive substances. This is a very broad topic that affects many non-legal areas such as health care or economy. It is also associated with many criminological questions. However, in my thesis I focused on drug offences stated in the Czech Criminal Code. This topic was already processed several times, yet it still remains topical since the drug scene is constantly evolving, especially thanks to advanced technologies. The thesis is composed of seven chapters and the first chapter is aimed on defining the basic terms, which I consider crucial for the understanding of the issue. In this chapter I also define the basic terminology used in the thesis. The next chapter deals with the history of the legal regulation of the abuse of addictive non-alcoholic substances. I focused especially on the national legislation and to the limited extent also on international treaties. The first act I mentioned is "Břetislav decrees" from 1039 and gradually I'm getting to the current Criminal Code. One part of the chapter is devoted to the previous Criminal Code no. 140/1961 Coll. The merit of my thesis is contained in the chapters 3 - 7. Each chapter describes one of the drug offences, which are found in the articles 283 - 287 of the Criminal Code....

Background: Following the model of the drug treatment courts in USA, this institute is applied in some European countries as well, which is the direction the Czech justice could proceed. Due to the similarities in the system of care for drug users and demographic situations, this paper compares the approaches to prosecuted ones for drug law offenses in the Czech Republic to Belgium, where drug treatment courts already exist. Aims: The aim of this work is to compare approaches to the prosecuted ones for drug law offenses in the Czech Republic and Belgium, and to propose appropriate solutions or research in this area for the Czech Republic. Methods: The method of analysis is used while studying literature and documents. A method of comparison compares the drug scene, system of an addictological care and drug- related crimes in both countries. Furthermore compares approaches to the prosecuted ones for drug offenses in the Czech Republic and Belgium, especially alternatives and their use in practice. Results: In Belgium, there are significantly more used alternatives in the earlier stages of the criminal proceedings than the courts. The biggest difference, however, is the existence of the project Proefzorg (the level of a criminal prosecution) and drug treatment court (court proceeding) in Belgium,...

My thesis is focused on crime related to the abuse of addictive substances. It is a broad topic, because the abuse of addictive substances brings with it a whole range of social, health and economic problems and binds a wide range of criminal activities. The aim of my thesis is to analyze the body of each drug offence, related case law and current issues of the drug problem in the Czech Republic. The first chapter defines the basic terms associated with drug issues. The following chapter deals with the classification of drugs and their effects. It classifies drugs as legal and illegal, and lists their most harmful psychological, social and health risks. This chapter helps us to make a picture about the most commonly abused drugs in our country. The third and fourth chapters provide a general introduction to the topic of drug offences and describe the background of their current legislation. The merit of my thesis is contained in chapters 5 - 9. Each chapter focuses on a specific drug offence, as they are enshrined in sections 283 - 287 of the Criminal Code. All atributes of the facts of the crimes and qualified facts of the crimes are described in this chapters. The tenth chapter discusses the common provisions of the section 289 of the Criminal Code and the reasons for its recent partial annulment...

Resumé Drug crimes - selected issues As the title of this rigorous thesis indicates, the aim of the author is not to complexly set out, describe or evaluate the criminal law regulation of the drug criminal offenses, but to focus in particular on certain problems from the practical application, faced by the authorities in the criminal proceedings, defense lawyers and other persons while applying them on the relevant crimes. Even though application problems connected with drug criminal offences are the main point of this thesis, is introductory parts also deal with the historical development of the legal regulation, both on national and international level, as it is important for the understanding of the continuity and actual situations in this area and can also influence the future of the legal regulation de lege ferenda. Undoubtedly, also the issue of the international legal regulation has to be part of this thesis, in which the author focuses on the obligations adopted by the Czech Republic. After that, the bodies, signs and interpretation of each particular criminal offence are being dealt with. After this theoretical basis of the drug criminal offences, the author deals with chosen issues, which, in her experience, may have uncertain or problematic interpretation. The first issue depicted in this thesis...