illicit drug use in the eu: legislative approaches - EMCDDA - Europa

EMCDDA thematic papersIllicit drug use in the EU: legislative approaches2. by a person under the age of twenty-one inside or in the proximity of a building serving the purpose ofeducation, public learning, child welfare, child protection or cultural and educational activitiesto be consumed jointly [first part of Paragraph b) of Subsection (7) of Section 282/B if the criminal actviolates Paragraph a) or Paragraph b) of Subsection (2)],e) if it involves a drug-addicted person who1. produces, manufactures, acquires, possesses, imports or exports a small quantity of narcotic drugs intoor from Hungary or transports such through the territory of Hungary for own consumption [Subsection (1)and Paragraph a) of Subsection (5) of Section 282/C], and2. offered or supplied a small quantity of narcotic drugs to be consumed jointly [Subsection (2) andParagraph a) of Subsection (5) of Section 282/C],f) if it involves a drug-addicted person who has committed another crime - that is punishable by up totwo years’ imprisonment -in connection with the criminal act defined under Paragraph e) 1, provided theperpetrator in question is able to produce an official document before he is sentenced in the first instanceto verify that he has been treated for drug addiction for at least six consecutive months or that he hasparticipated in a drug addiction program or a preventive-consulting service.(2) Paragraphs b), d) and e) 2 of Subsection (1) shall not apply if the criminal liability of the perpetratorhas been established within the framework of criminal proceedings initiated owing to the perpetrator’smisuse of narcotic drugs on at least one occasion within the two years preceding the commission of the actor if the indictment against the perpetrator has been suspended.MaltaMedical And Kindred Professions Ordinances.120A:(2) Every person charged with an offence against this Ordinance shall be tried in the Criminal Court orbefore the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the Attorney General maydirect, and if he is found guilty shall, in respect of each offence be liable –(a) on conviction by the Criminal Court –(i) where the offence consists in selling or dealing in a drug listed under Part A of the Third Schedulecontrary to the provisions of this article, or in an offence under subarticle (1)(f), or of the offence ofpossession of a drug, contrary to the provisions of this Ordinance, under such circumstances that the courtis satisfied that such possession was not for the exclusive use of the offender, or of the offences mentionedin subarticles (1C) or (1D) or (1E), to imprisonment for life:Provided that: (aa) where the Court is of the opinion that, when it takes into account the age of theoffender, the previous conduct of the offender, the quantity of the drug and the nature and quantity ofthe equipment or materials, if any, involved in the offence and all other circumstances of the offence, thepunishment of imprisonment for life would not be appropriate; or (bb) where the verdict of the jury is notunanimous, then the Court may sentence the person convicted to the punishment of imprisonment for a termof not less than four years but not exceeding thirty years and to a fine (multa) of not less than one thousandliri but not exceeding fifty thousand liri; and(ii) for any other offence to imprisonment for a term of not less than twelve months but not exceeding tenyears and to a fine (multa) of not less than two hundred liri, but not exceeding ten thousand liri; or(b) on conviction by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) –(i) where the offence consists in selling or dealing in a drug listed under Part A of the Third Schedule tothis Ordinance contrary to the provisions of this article, or in an offence under subarticle (1)(f), or of theoffence of possession of a drug, contrary to the provisions of this Ordinance, under such circumstances thatthe court is satisfied that such possession was not for the exclusive use of the offender, or of the offencesmentioned in subarticles (1C) or (1D) or (1E), to imprisonment for a term of not less than six months but notexceeding ten years and to a fine (multa) of not less than two hundred liri but not exceeding five thousandliri; and(ii) for any other offence, to imprisonment for a term of not less than three months but not exceeding twelvemonths, or to a fine (multa) of not less than two hundred liri but not exceeding one thousand liri or to bothsuch imprisonment and fine,36