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SLOVAK REPUBLIC: Criminal Code revisions for drug users and traffickers; new charges
SLOVAK REPUBLIC: Criminal Code revisions for drug users and traffickers; new charges and penalties (13/01/2006)
From 1 January 2006, legal provisions in the Slovak Republic governing unlawful possession and handling of drugs have been amended in line with the new Criminal Code No. 300/2005 Coll. The most important changes include provisions governing criminal liability for the possession of drugs for own consumption and trafficking in drugs.
Previously, possession of drugs for personal use, defined as no more than a one-shot dose, was punished by up to 3 years’ imprisonment. Under the new s.171, two offences are created: possession for own consumption (now defined in s.135 as no more than three times one single dose), which has a maximum 3-year sentence; and possession of a larger amount for own consumption (defined as no more than ten times one single dose), which has a maximum 5-year sentence.
More than this must result in a charge under the new s.172, which has a sentence range of 4-10 years if there are no aggravating factors.
Two new penalties can also be given to those charged with possession for personal use: monitored home imprisonment for up to one year, or community service of 40 to 300 hours.
For trafficking, the sentence ranges are determined partly by the street value of the drugs involved, as regulated by s.125(1). They are now 4-10 years for a basic offence, 10-15 years for a larger amount (with a street value of over 10 times the “baseline” amount of 8000 Skk/ approx. 200 Euros), 15-20 years if on a considerable scale (over 100 times), and 20-25 years or life imprisonment if on a large scale (over 500 times).
Various aggravating circumstances are specified with increased sentence ranges, including recidivism, committing the offence against a person in drug treatment, against a protected person (which includes children, dependents, public officials), with higher penalties if involving children under 15, as a member of a dangerous group, or causing injury or death.
Finally, the offence of spreading addiction is now a crime if committed in public or against a protected person.
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