Narcotics Law (Austria)
Narcotics Act (MGA), Federal Law on Suchtgifte, psychotropic substances and precursors, is an Austrian federal law, transportation and management of addictive substances (illicit drugs and psychotropic substances) and precursors discipline. It has, in conjunction with the Juvenile Court Act (JGG), Media Law (Media), the law on pornography (PornoG) Prohibition Act 1947 (VerbotsG), arms Act (WaffG), military criminal (MilStG) and the Financial penalty (FinStrG) in addition to the criminal law.
Outline
Narcotics Law is divided into six main parts divided
Scope and definitions (§ § 1-4)
Narcotics (§ § 5-16)
transport and management of ozone precursors (§ § 17-22)
Traffic monitoring and management of drugs and precursor substances (§ § 23-26)
provisions of criminal law and procedural rules (§ § 27-44)
conclusion, entry into force and transitional provisions (§ § 45 ff)
Terms
The law distinguishes between drug
Suchtgiften,
psychotropic substances and precursors
,
where the first two categories of drugs are combined.
Suchtgifte
Suchtgifte under SMG are the substances and preparations that, in one Suchtgift Convention in 1961 by the Protocol of 1972, as amended, as Suchtgifte means, such as cannabis, cocaine and opiates, as well as the substances listed in Annexes I and II of the Convention on Psychotropic Substances of 1971, as the 'LSD, psilocybin, amphetamine and its derivatives (MDMA) and phencyclidine.
Determinacy Under the principle of criminal law are all as Suchtgift existing substances in the regulation Suchtgift exhaustive list. This is particularly true in cases of importance with ecstasy, because often the term substances are distributed, the SMG is no object, such as caffeine or paracetamol. Without further definition of the material can be used in some cases are not easily determine whether a criminal Suchtgift possession available. The expression used in the law
Suchtgift as a translation for the English word "amazing" is misleading and tendentious, as it also includes substances that, based on scientific evidence or addictive nor toxic. In contrast, alcohol and nicotine dependence, despite their potential and their known relatively large Suchtgifte no toxicity under the law.
psychotropic substances Psychotropic substances are those substances and preparations listed in Annexes III and IV of the 1971 Convention on Psychotropic, such as barbiturates and benzodiazepines. For substances that are the Single Convention Suchtgift be controlled (Suchtgiften ") are also derived IN QUESTION. On the contrary, the limits of the 1971 Convention on Psychotropic management in the Annexes referred substances exhaustive, but not with their derivatives. In
Suchmittelrecht Austrian, in essence, the difference between the two categories in each of the Regulations (the Regulation and psychotropic Suchtgift) implemented. While Suchtgiften including isomers, salts of isomers, salts, esters and molecular compounds in question applies to the control of psychotropic substances to their salts. As with all
Suchtgiften as applicable psychotropic substances in the regulation Psycho tropics exhaustive list.
Precursors Precursors are substances used for the manufacture of psychotropic substances and Suchtgiften are used, they are in the Annex to EU Regulation No 3677/90 of 13 December 1990 and No 3769/92 of 21 December 1992 lists, for example, ephedrine, safrole, acetic anhydride, acetone, sulfuric acid and hydrochloric acid. Many precursors have legitimate industrial and residential applications and can not be effectively controlled.
Most Suchtgifte, with the exception of cannabis or mushrooms, in particular chemicals must be prepared. One of the objectives of the United Nations Convention against Illicit Traffic in Suchtgiften and Psychotropic Substances (Vienna Convention of 1988) is the trade and conduct di tali precursori di controllo, in un certo numero di regolamenti UE e UE La direttiva rispecchia, in Austria, con i precursori del regolamento è stato attuato.
Disposizioni penali
Il consumo di Suchtgiften non è punibile. Procura, tuttavia, è quasi tutto ciò che ad esso collegati: l'acquisto, la detenzione, la marcatura, l'importazione o l'esportazione, la produzione, la consegna o di guadagno.
Piccoli, grandi e grandi quantità
La SMG non distinguere tra i cosiddetti soft e hard Suchtgiften, il criminale minaccia è, a tutti i Suchtgiften stessa. Tuttavia, si differenzia tra le piccole, grandi ed extra grandi quantità, ma in quantità more, in principle, even more severe penalties attached. Exceptions are the acquisition and possession of Suchtgiften for them, as a political health care and less perceived political criminal. How sweet Suchtgifte force, such as MDMA, cannabis and cocaine, are privileged to the extent that they are larger amounts of the border.
Criminal proceedings for the acquisition and possession of small amounts Suchtgift are, in general, according to § § 35 and 36 SMG for a trial period of two years to set. Similarly, the prosecution of so-called acquisitive crime by the accused on the basis of his familiarity with drugs and in connection with the purchase of a Employees engaged in accordance with § § 35 and 36 SMG may be, unless they fall under the authority of a lay jury or judge (see § § 13 paragraph 2 and Article 14 paragraph 1 StGB).
Other forms of crime, such as production, import, export and transfer, or a small amount Suchtgift will be in accordance with Section 27 SMG punished. For large quantities apply to all offenses Suchtgift, with the exception of the acquisition and possession for personal use, more severe penalties (Section 28 SMG). About a large amount of at least 25 times the border with the small amount of quantity. For crimes of this magnitude are very strict sanctions in cases of organized crime purposes (§ 28 paragraph 4 C. 3 SMG). Otherwise there is no
Suchtgiften psychotropic substances in large quantities. For these substances, compared to Suchtgiften very mild sanctions that are the subject of Sections 30 and 31 are SMG.
Quantities are a practical certainty of the criminal law the principle of justification, on the other hand provides a clear demarcation between small and large quantities of drugs including procedural advantages by allowing courts to facilitate the uniform application of law to pursue. De facto, the marginal quantity of health and crime control policy on measuring instruments by which the policy of proscription of certain drugs to give. For example, the marginal quantity of cannabis much greater than for heroin.
The lower limit of the small quantity of a psychotropic substance or dependency, in relation to the pure substance of the active substance in the amount Suchtgift border regulation and psycho-tropical border Quantity Regulation. The quantities Suchtgift border is the responsibility of the Ministry of Health and Justice, they must be approved by the Board of the National Council has approved. In determining the amount of marginal case in accordance with § 28 para 6 SMG on the "suitability of Suchtgifte, evoking addiction and was in a life-threatening or health of the people who make, and the behavior of drug addiction health to take. "The same applies in accordance with § 31 paragraph 3 SMG psychotropic substances, except that the limit on quantity Main Board of the National Council must be approved.
The quantities refer to pure substance. Here are some marginal quantities in 2005:
MDMA: 30 g
THC: 20 g
Cocaine: 15 g
Heroin (diacetylmorphine): 3 g
(+)-Lysergid, LSD, LSD-25: 0.01 g
Flunitrazepam: 0.4 g
Phenobarbital: 40 g
Penalty provisions for Suchtgifte
Section 27 SMG
1. Who would handle the existing rules Suchtgift one acquires, possesses, manufactures, imports, exports or other transfers, or gives, shall be punished with imprisonment up to six months or a fine of up to 360 daily rates to be punished.
2. The offense is punishable by imprisonment up to three years to be punished if
2.1 paragraph 1, in a small place called the use of a Suchtgiftes and also allows an adult and more than two years older or younger
2.2 of paragraph 1 shall act professionally or as a member of a criminal organization, committing, which, however, also a drug habit and the act is therefore particularly pledging to sign for their use of drugs or the means per la sua acquisizione, ha detto, , se le circostanze di assuefazione può essere previsto al paragrafo 1, solo per essere puniti.
Procedimento penale ai sensi della Sezione 27 SMG di qualsiasi offesa, con piccole quantità Suchtgift sono in pratica il più comune. Condanne ai sensi del § 27 comma 1 sono soggette a restrizioni di informazione e, pertanto, non sembrano in un certificato di casellario giudiziario. (Sezione 42 SMG)
Nella sezione 27, paragrafo 2, C. 2 SMG contenute qualifiche commerciale è definito dal § 70 StGB. Il concetto di "organizzazione criminale è supportata dal § 278 StGB fondata.
Il principio giuridico-politico di "terapia anziché pena" è in § 27 paragraph 2 C. 2 SMG reflected: that crimes against their need for drugs with drug offenses to finance small-scale (small-scale dealers, etc.), only in accordance with paragraph 1, shall be punished.
Section 28 SMG
1. Who would handle the rules of a Suchtgift in a large amount (paragraph 6) with the intent, acquires or possesses in traffic that will be punished with imprisonment up to three years to punish.
2. Punished with imprisonment up to five years is to punish those who violate the rules of a Suchtgift in a large amount (paragraph 6) produces, imports, exports or uses in traffic.
3. Punished with imprisonment from one to ten years is to punish, which is in paragraph 2 shall act professionally or as a member of a criminal organization celebrates. About himself, but a drug habit and the act is therefore particularly pledging to sign for their use of drugs or the means to acquire them, if the circumstances of addiction may be only in accordance with paragraph 2 punish.
4. Punished with imprisonment from one to fifteen years is to punish, which is in paragraph 2 is in fact 4.1
as a member of a criminal organization and committing ever been because of the second paragraph designated offense has been convicted
4 2 as a member of a combination of a greater number of people to commit criminal acts or
4.3 Relationship with Suchtgift celebrates its quantity, at least twenty-five times the amount of border (section 6) total.
5. punished with imprisonment from ten to twenty years or life imprisonment is the culprit in paragraph 2 shall be punished in a combination of a larger number of people to commit criminal acts of these leaders work.
6. The Federal Minister for Labor, Health and Social Affairs in collaboration with the Federal Minister of Justice and with the consent of the parent committee of the National Council for individual Suchtgifte lower limit of a large amount compared to the pure substance of the active set with Regulation (marginal). You in particular the suitability of Suchtgifte, accustomed to a great cause and extent of a threat to life or health and addictive behavior to achieve the amazing health care to take.
Section 28 SMG aims to drug crime. For in paragraph 1 and paragraph 2 above offenses are the quantities of individual Tathandlungen added, and then verify if the intent pursuant to § 5 Abs 1 StGB, in terms of a large quantity available. (OGH 22 June 1999, 14 I 62/99)
The acquisition and possession of even a large amount of Suchtgift for personal use only in accordance with § 27 paragraph 1 SMG penalty. At different times for their personal use, acquired and held Suchtgift small amounts are not cumulative (EvBl 1982/110, OGH 11 May 1994, 13 O 20/94).
§ 28 para 4 C. 3 defines the large quantities, at least twenty-five times the amount of border (section 6) total.
Section 29 SMG
Who in a printing unit, not the cinema, online or otherwise for the misuse of public Suchtgift or asking in a sort of approval, which is likely to suggest such abuse, shall be punished with imprisonment up to six months or a fine of up to 360 daily rates punish.
Penalty provisions for psychotropic substances
Section 30 SMG
1. Who would handle the rules of a psychotropic substance acquires, possesses, manufactures, imports, exports or other transfers, or gives, shall be punished with imprisonment up to six months or a fine of up to 360 daily rates to be punished.
2. Under paragraph 1 is not to punish, that the drug, a psychotropic substance, unless it is a lot involved,
2.1 for own use or for the needs of an animal acquires, possesses, or imports or exports
Another 2.2 and leaves no benefit rolls.
Section 31 SMG
1. Who would handle the rules of a psychotropic substance in grandi quantità (comma 3) con l'intento, acquista o possiede in traffico che saranno puniti con la reclusione fino a due anni per punire.
2. Punito con la reclusione fino a cinque anni è quello di punire coloro che violano le regole di sostanze psicotrope in grandi quantità (punto 3) la produzione, importazioni, esportazioni o usa nel traffico.
3. Il ministro federale per Labor, la sanità e gli affari sociali in collaborazione con il Ministro federale della giustizia, per ciascuna delle sostanze psicotrope, il limite inferiore di una grande quantità rispetto alla sostanza pura del principio attivo, fissato con regolamento (marginale). § 28, paragrafo 6, seconda frase è il significato di.
Penalty provisions for precursors
Section 32 SMG
1. If a precursor substance from which it is known that the unlawful manufacture of a product in a large amount (§ 28 para 6, 31, paragraph 3) must be used, bought or owns, shall be punished with imprisonment up to two years to punish.
2. If a precursor substance from which it is known that the unlawful manufacture of a product in a large amount (§ 28 para 6, 31, paragraph 3) must be used, producing, importing, exporting or trafficking, is subject to imprisonment up to five years to punish.
replacement
Criminal Criminal proceedings for the acquisition and possession of small amounts of drugs have, in general, in accordance with Articles 35 and 36 SMG by the public prosecutor for a trial period of two years ago. The temporary replacement of the display requires an opinion from the health district, as the competent authority shall require that health-related Displaying an order pursuant to § 11, paragraph 2 requires SMG. Therefore, a notice for possession of drugs usually with a medical or psychiatric social survey online. The prosecutor may obtain an opinion of competent jurisdiction, if a person just because they are substances or preparations from the cannabis plant in small quantities for personal use or has acquired possession, and if there is no reason to believe that the person needs a measure of health. An opinion is, however, capture, if a person who within the last five years before this show has been so displayed. View
the needs arising from the evaluation by a specialist in addictive family health issues measure pursuant to § 11, paragraph 2 SMG, the Prosecution first indication of the condition that the replacement angezeigt - which has a legal representative, that agreement - stated that it is a measure of this kind must be made. Alternatively, the replacement of the display of a regular review by a probationer may be subject (Article 37 SMG).
The replacement of the display according to § 35 SMG is, therefore, usually with a system of monitoring health status of the connected displays. If the display according to the district office to withdraw a persistent surveillance, it must be notified to the public prosecutor, which is usually the commencement or continuation of criminal proceedings, the result (Section 38 SMG).
health measures for drug abuse
In SMG, there are numerous exceptions provided for in case of misuse of Suchtgiften for drug users, occasional users or patients with excessive pain is not to criminalize. This law and health policy is indicated as a therapy instead of punishment. In practice, however, often beyond treatment or punishment, because any misuse of Suchtgiften abuse, medical and social consequences can be criminal.
medical applications
Unlike Suchtgiften psychotropic substances are in the form of drugs or abuse of drugs is preferred, since the acquisition, possession, import and export of a large quantity of impunity are not only the delivery of such products until the release of the same benefit. These special provisions are intended to criminalize a wide range of drug addicts, and also against the practice of medical prescribe the drugs are not at risk. Similarly, recently propagated exceptions for medical applications such as being less dangerous drugs suchtgifthaltigen credits.
Physicians suchtgifthaltige medicines used to treat pain or de lege artis (according to the insights and experiences of medical science and veterinary medicine) to prescribe, under section 8 of the offense except SMG. However, Section 14 prohibits the accompanying Suchtgift Regulation (SV) Suchtgifte doctors explicitly, in substance, or drug, for more than a Suchtgift, other than those approved specialties as well as preparations of heroin, cannabis, coca leaves, and the ecgonine in Annex V to this Regulation, le sostanze elencate prescrivere ciò che la pratica di prescrizione Suchtgifte è ridotto di conseguenza. La mis-uso o come terapia palliativa Suchtgiften intervento è descritto nel recente dai tribunali penali come una possibile giustificazione percepito.
Storia
La legge sulle sostanze stupefacenti in Austria è stata principalmente su tre convenzioni internazionali: la Convenzione Suchtgift unico nel 1961 dal protocollo del 1972, come modificata, la Convenzione sulle sostanze psicotrope del 1971 ( "Psycho tropici convenzione") e la Convenzione delle Nazioni Unite contro il traffico illecito di Suchtgiften e sostanze psicotrope del 1988 (la "Convenzione di Vienna"). Originariamente apparso in Austria Suchtgift Act 1951 (SGG) in force, 1971, 1978, 1980 and 1985 has been changed. Finally, it was the drug law in 1998 replaced by the 1988 Convention in question. The only
Suchtgift
1961 Convention Article 36, paragraph 1), 1961 unique Suchtgift Convention obliges the Parties, the Convention against any violation of this growth, mining, manufacturing, mining, preparation, possession, supply, sale, distribution, purchase, sale, delivery - the most under what conditions - the brokerage, dispatch, shipping - including in transit - transport, 'import and execution of ... Suchtgiften punish in an appropriate manner, particularly by imprisonment or other forms of deprivation of liberty. Paragraph b) provides, however, the contracting parties, or as an alternative to conviction or punishment or in addition to conviction and punishment should be that these measures of drug treatment, education, treatment, rehabilitation and social reintegration within the meaning of ' Article 38, paragraph 1 will undergo. Austria has stated that the obligation of the contracting parties must understand that it is also through the creation of administrative offenses could be satisfied that an appropriate sanction for the violations referred to in that it provides. Suchtgift prosecution of crime in Austria is not only the Convention Suchtgift reasons only, is also a result of internal political development.
1971 Convention on Psychotropic
The 1971 Convention on Psychotropic Substances and preparations which are used in medicine and can be abused, but Suchtgift by the Single Convention does not apply, such as psychotropic substances. Under Article 9, such drugs can be prescribed only by doctors. Possession, purchase, import, export and transfer ", without having to take advantage" of small quantities of psychotropic substances, in accordance with § 30 Paragraph 2 SMG impunity.
1988 Vienna Convention, the Convention
United Nations Convention against illicit traffic in psychotropic substances Suchtgiften and 1988 is characterized by the belief that illicit trafficking (Suchtgiften ... ...), from a criminal activity has taken to combat urgent attention and high priority calls. The agreement should be the desire to reflect the fundamental causes of the problem of psychotropic substance abuse Suchtgiften and remove, including the illicit demand for these substances and illicit traffic in the coming huge profits. Accordingly, the Parties to the Convention, inter alia, the application of the statutory provisions relating to confiscation of the proceeds from commercial drug offenses and the improvement of mutual legal assistance in investigations e azioni penali, con una gran parte della politica repressiva di droga, al fine di perseguire. La convenzione è in vigore una revisione della Stupefacenti Act del 1998 e la modifica simultanea di numerose leggi penali e di salute.
Drug Policy Developments
Dal 1980, la tossicodipendenza in Austria sempre più come un problema politico di salute o di tanto in tanto in un livello accettabile socialmente tollerato, d'altro canto, il concessionario avrà tutta la forza del diritto penale e deve essere sentito a lungo con incondizionato pene detentive. In questo contesto, è che molte problematiche del concessionario, ai sensi della legge sono dipendenza e che la distinzione tra reati o illeciti di salute "non è always clear as possible.
The SMG is, in practice, the most important addition to the criminal law because it is about two-thirds of all convictions in addition to criminal liability. According to a parliamentary question to answer of the Federal Minister of Justice (1637/AB XXII. GP) is the number of convictions under the SMG between 2000 (3219) and 2003 (4528) has increased steadily. In 2004 there were over 38,000 at the national level because of the open criminal SMG (2895/AB XXII. GP).
According to the Drug Report 2005 of the Ministry of Health, there were 25,215 listings in 2004 after SMG (2003: 22,245), an increase of about 13% over the previous year. Large increases were primarily for ads for cannabis to a lesser extent also in advertisements for cocaine and crack cocaine. The number of convictions under the SMG has followed the previous trend and rose by 5,706 cases (2003: 4,532) by about one quarter. The percentage of crimes under the SMG of all convictions is also a new high-rise (1995: 4.7% 2004: 12.6%).
Legal relationships
The SMG includes five regulations and an announcement by the Federal Minister of Labour, Health and Social Affairs. In Suchtgift or psychotropic regulation and management of legal addictive substances regulated, inter alia, to include all plants, substances and preparations Suchtgifte are classified as drugs and psychotropic substances, an exhaustive list. The quantitative limit regulation defines a small amount, depending on whether the substance is different, and penalties apply mild. To avoid over-criminalization of drug users and should be avoided. Officially, the principle of therapy instead of punishment, taking into account the situation of the offender. The announcement on suchtgift treatment facilities for dependent persons is established in Section 15 SMG.
Suchtgift Regulation (SV) Links
Psycho tropics Regulation (PV)
link precursors of Regulation (VorlV) Links
Suchtgift border volume regolamento (SGV)
Psycho-tropicale frontiera Quantità regolamento (PGV)
Bando alle istituzioni e le associazioni con i servizi di sostegno per le persone con una vista Suchtgift abuso
Letteratura
Foregger / Litzka / Matzka: Stupefacenti legge. Manzscher breve commento. 2. Auflage, Manz Verlag, Vienna 1998. ISBN 3-214-03082-5
Doralt (Hsg.): Codice penale. 24. Edizione, pubblicata dalla LexisNexis, Vienna 2005. ISBN 3-7007-3245-7
William B. McAllister: Drug Diplomazia del XX secolo. Una Storia internazionale. Routledge, London 2000. ISBN 0-415-17990-4
0 comments:
Post a Comment