Prawo karne wobec narkomanii (uwagi na tle ustawy z dnia 31 I 1985 r.)
Loading...
Date
1985
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Penal Law on Drug Addiction. Remarks on the Prevention of the Drug Habit Act of 31 Jan. 1985
Abstract
As one observes the development of penal law, one has to arrive at the conclusion
that it is undergoing an evolution in the direction of. lightening the measures
employed, although this development often meets difficulties. Also, what is
becoming increasingly marked is the need to bind penal measures more closely
with the non-judical systems of social control, as penal sanctions alone often prove
to be ineffective. Hence the growing emphasis in international conventions devoted
to drug habit prevention, on substituting penal measures with other measures of
influence; many countries have taken such postulates into account in their legal
regulations of the drug addiction problem.
The problem is not easy to solve, though. Criminal acts connected with drug
addiction consist not only of the taking and production of drugs, the drug traffic
etc, but also of „ordinary" criminal acts being commited, such as, for e.g. burglaries,
forgeries, thefts. In addition, many addicts show symptoms of a social alienation
still prior to the beginning of the addicition, as, among others, a criminal past.
The application of medical measures in such cases is made all the more difficult,
and makes on turn to penal sanctions, first of all to decisions of confinement,
which dominate the picture of drug addict convictions.
The Prevention of the Drug Habit Act does not contain any solutions which
could bring anything new into the present situation. The penal law solutions provided
for are "traditional"; they do not create any possibility to omit the prosecution
of the addict willing to undergo medical treatment, which does not open positive perspectives on freeing him or her of the addiction. It also to often employs
the confinement penalty, turning it into the most important means of combating
criminal acts connected with the habit. Thus, the Act selects a "conservative"
option from all the different possible options of penal law regulation of the
problem, and does not constitute any step forward in the direction of creating
a modern penal law system.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 4, s. 111-128
Seria
ISBN
ISSN
0035-9629