Some of the disputable questions regarding narcotic drugs in Criminal code

Abstract

It is ascertained in the work that the criminal acts prescribed to surpress the abuse of narcotic drugs have blanket character, and it is for that reason extremely important to correctly define the concept of narcotic drugs. According to Criminal Code (act 112. paragraph 15) by narcotic drugs are considered substances and preparations announced by law and other regulation based on law, as narcotic drugs and controlled psychoactive substances. Given that the Code about controlled psychoactive substances prescribes that the controlled psychoactive substances are narcotic drugs, psychotropic substances, products of biological origin which have psychoactive effect and other controlled psychoactive substances, it is obvious that these definitions are a pleonasm, therefore the work allows the possibility that in the Criminal Code instead of the term narcotic drugs the term controlled psychoactive substances is introduced. While evaluating if it should be done, it stands out that the following fact should be considered. We use the term narcotic drugs in criminal law traditionally in a different way, as well as that this term is used in all other countries, while the term controlled psychoactive substances has a rather medical character, which is all in favour of keeping the term narcotic drugs in the Criminal Code. Following this part the work points out some of the problems related to criminal acts unauthorised production and selling narcotic drugs (act 246. CC), unauthorised keeping of narcotic drugs (act 246a CC) and enabling enjoying narcotic drugs (act 247. CC), with stating the ways of solving noticed problems in practice.