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Defining and Registering Criminal Offences and Measures - Oapen

Defining and Registering Criminal Offences and Measures - Oapen

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88<br />

Drug <strong>Offences</strong><br />

of which Drug trafficking: in most countries such acts are punishable as an aggravated<br />

offence (usually called 'trafficking’) if the act is not in connection with personal use<br />

of which Aggravated drug trafficking<br />

If such an offence is defined through the quantity<br />

of drugs the offender dealt with, please specify the<br />

limits (above which the offence is considered<br />

aggravated) for each of the following substance:<br />

cannabis<br />

heroin<br />

cocaine<br />

ecstasy<br />

amphetamines<br />

If such an offence is defined through the way the<br />

offender has been operating, please specify<br />

whether an offence is aggravated in case of (Y/N):<br />

organised criminal operations<br />

large monetary profits<br />

as part of terrorist activities<br />

in view of any other circumstances<br />

(please<br />

specify)<br />

The results of the trial phase can be seen in tables E.1 <strong>and</strong> E.2. They show a very<br />

good agreement with the st<strong>and</strong>ard definition for drug offences. The only exception<br />

is that in some countries possession of minor quantities of drugs is excluded<br />

from the data on convictions level due to a small quantities rule (Albania, Germany,<br />

Netherl<strong>and</strong>s; table E.2). Limits for small quantities of drugs were in the trial phase<br />

only provided by Germany <strong>and</strong> (for Cannabis only) by the Netherl<strong>and</strong>s (table E.1).<br />

Also, only some responding countries gave information on aggravating circumstances<br />

for drug trafficking. Germany <strong>and</strong> Switzerl<strong>and</strong> also indicated substance limits<br />

for drug offences above which trafficking offences would be considered aggravated<br />

(table E.1.).<br />

Data availability turned out to be very good for drug offences: For the total of<br />

drug offences, all responding countries said that they were able to provide data on<br />

both police <strong>and</strong> convictions level. Also, all responding countries were able to provide<br />

data on drug trafficking on police level <strong>and</strong> four out of six also on aggravated<br />

drug trafficking. On convictions level, data on trafficking was available for six out<br />

of seven countries as well as for aggravated drug trafficking.

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