The Prosecutor General's Office clarified the information on the change of penalties for drug use in the legislation.
The press service of the Prosecutor General's Office told APA that changes are being made to the Criminal and Administrative Offenses Codes in connection with the illicit trafficking of drugs, psychotropic substances and their precursors:
"Laws amending the Criminal and Administrative Offenses Codes adopted by the Milli Majlis in recent days have not been properly promoted, and the word" personal consumption "has been replaced by" small amount ". has led to the formation of a misconception such as
In this regard, according to Article 234.1 of the Criminal Code and Article 206 of the Code of Administrative Offenses, the crime of illegal acquisition, storage, preparation, processing, transportation of drugs or psychotropic substances in excess of personal consumption without the purpose of sale , and administrative liability is established for the commission of these acts in the amount of personal consumption.
Pursuant to Article 1.0.1 of the Law on the Circulation of Narcotic Drugs, Psychotropic Substances and Their Precursors, drugs are included in the United Nations Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances of 1971. , The Convention on Combating Illicit Trafficking in Narcotic Drugs and Psychotropic Substances of 1988, as well as the lists approved by the Law of the Republic of Azerbaijan.
However, the notion of “drugs” reflected in Article 234.1 of the Criminal Code, which is in force, should also include plants containing narcotic substances.
This has led to some difficulties in practice, including the improvement of legislation on the illegal collection, storage and transportation of narcotic plants (parts thereof) or other means under Article 234.1 of the Criminal Code, as well as the purpose of sale. It is necessary to aggravate the responsibility for acts related to the illicit trafficking of large quantities of drugs in general and regardless of the purpose in particular.
According to the above, in order to apply a single terminology in the amendments adopted by the Milli Majlis of the Republic of Azerbaijan after 3 readings, the words "in the amount of personal consumption" with the words "in small quantities" and the words "in excess of personal consumption" with the words "in large quantities" Necessary changes have been made to tighten criminal liability for "large" and "especially large" amounts.
Apparently, these changes are not to decriminalize acts related to illicit trafficking in drugs, psychotropic substances and their precursors, but to ensure the inevitability of liability for all socially dangerous acts in this area. "Keywords: