Similarities and differences in Controlled drug Legislation
Categorization of Controlled Drugs
In a brief comparing between United Kingdom and Greek Legislation sing Controlled Drugs some similarities or/and differences could be identified. First of all, in United Kingdom there are two classs used to sort Controlled Drugs. The first 1, as it was already mentioned in the statute law portion, was established by the Misuse of Drugs Act 1971 and divides such unsafe substances into three categories A, B and C ( in falling order of badness ) for the intents of enforcing punishments in condemnable jurisprudence strong beliefs. The 2nd categorization of these drugs was made by the Misuse of Drugs Regulations 2001 which determines five agendas related to how harmful a controlled drug is with Schedule I including the most unsafe substances.
On the other manus Greek statute law ( Law 1729/1987 ) classifies merely four lists – tabular arraies of these drugs ( Tables A, B, C and D ) with substances involved in Table A to be controlled by the State ( hemp, diacetylmorphine, LSD, MDMA ) , Table B contains substances whose handling is the sole right of the State Drugs Monopoly ( cocaine, dolophine hydrochloride, morphia ) , pep pills and codeine in Table C can be handled by authorised or accredited persons and eventually the Table D which allows druggists to take topographic point in their supply ( barbiturates, tranquilizers, buprenorphine ) .
Furthermore in Greece, the punishment or sentence to the accused individual is independent to drug type and the Magistrate ‘s tribunal has to see the class of the drug substance in order to function the sentence to the user ( Law 2161/1993 ) . Opposite UK statute law links punishments to drug type and any sentences or punishments are served with regard to the related Torahs.
Illegal ownership of Controlled drugs
Illegal ownership of Controlled drugs is another issue which is treated in a different manner in these two states. Harmonizing to the UK statute law the first factor needed to be investigated in instance of an wrongdoer is whether the Controlled drug is intended for personal usage or for supply. In order for either the Magistrate ‘s or the Crown tribunal to let go of its concluding determination, the Drugs Act 2005 introduced the thought of finding an sum, above which the ownership of a Controlled drug will be representing an indicant for farther supply. Punishments are once more linked to the drug category and have been analytically referred to the statute law subject ( different confrontation for ownership and ownership with purpose to provide ) .
In Greece, the governments foremost examine whether the wrongdoer is an nut or non and so the Torahs are applied severally. Illegal ownership of Controlled drugs by nuts compels them to follow a intervention program ( catharsis of drug-addiction ) harmonizing to the Article 13 of the Law 1729/1987. If they do non hold to follow this program so they have to endure the effects and the sentences provided by the statute law. Article 12 of the same Law provinces that sentence of imprisonment is attributed to violators who are non drug nuts and this sentence depends on the controlled drug measure. Possession of little measures of drugs is punished with up to one twelvemonth imprisonment and the payment of a all right defined from the tribunal whereas ownership of big measures of drugs is punished with imprisonment changing from 5 to 20 old ages. Small and big measures are determined in the Article 5 of the modified Law 1729/1987, Amendment – Law 3189/2003 ) .
Illegal drug trafficking
Although there is a different categorization system in these two states, by and large it could be said that sentences in Greece are more rigorous than in the United Kingdom. So in Greece, the categorization of the controlled drugs for specifying a sentence to the wrongdoer has to make with the measure of the drug. In instance of the sale of a little measure for personal usage the sentence comes up to 6 months imprisonment or the payment of a all right as an alternate solution. Any illegal trafficking of larger measures is punished with at least 10 old ages imprisonment ( little and big measures are analytically defined in the Articles 5, 6 and 8 of the Law 2191/1993 – amendment of Law 1729/1987 ) . Furthermore when public functionaries are assorted into illegal drug trafficking so the sentence additions in at least 10 old ages and worse when repeaters, professionals or arms users are involved they are so punished with up to life imprisonment. Once more the governments examine if the drug trafficking becomes from nuts or non-addicts as there is once more a different confrontation. Addicts can be punished from 1 to 5 old ages imprisonment for drug trafficking for first clip ( misdemeanor ) or up to 10 old ages if they have a “ heavy ” background ( felony ) . Non- nuts are punished with a sentence of imprisonment from 6 months to 5 old ages for providing controlled drugs to other users ( Law 2721/1999 – amendment ) .
Traveling to United Kingdom it should be mentioned that the governments do non merely analyze the measure found during drug trafficking but they focus on the drug category. So different punishments and sentences are applied for Class A, B and C Controlled drugs changing from up to life imprisonment for Class A drugs and up to 14 old ages imprisonment for Class B and C drugs ( Misuse of Drugs Act / Schedule 4 ) . If there is any grounds that it is for the 3rd clip that the same individual traffics in Class A drugs, so there is a minimal sentence of seven old ages imprisonment unless the tribunal considers that this determination is unjust for the wrongdoer.
Legal facets of controlled bringings
In both states there is no specific statute law on Controlled drug bringings. In United Kingdom there are some associations which, apart from their other activities and purposes they have, they are besides related to the direction of bringings of Controlled drugs around UK and furthermore they oversee their import and export across UK frontiers. These associations are listed below:
The Serious Organised Crime Agency ( SOCA )
The Association of Chief Police Officers ( ACPO )
Identity and Passport Service ( by Home Office ) ( IPS )
The Border and Immigration Agency ( by Home Office ) ( BIA )
All the above associations coordinate when required in order to debar illegal facets ( e.g. illegal trade good, measure or other finish of Controlled drugs ) and they are responsible non merely for bringings of Controlled drug substances but for any sort of goods ( SOCA, 2010 ) .
In Greece the direction of Controlled drug bringings is an sole right of the Hellenic Police in coordination with the State and the apt ministry ( Ministry of Citizen Protection ) . When needed the Particular Anti-terrorist Unit of measurement is besides implicated and operates all around Greece and abroad ( Ministry of Public Order Press Office, 2004 ) . Other associations such as Interpol, Europol or the Department of the SIRENE – Schengen Information System might be used in order to disjoint illegal bringings of Controlled drugs. In the terminal, Unit of Police Dogs is a particular unit that uses good trained Canis familiariss and has tonss of successful missions on drugs during the last few old ages ( Hellenic Police – Ministry of Citizen Protection, 2010 ) .
Threshold measures for personal ownership offenses
As it was said earlier, UK statute law focuses particularly on the Controlled drug category for finding the relevant sentences or punishments ( that does non intend that the drug measure is non taken into consideration ) whereas Grecian statute law, of class fusss about the category of the drug but besides deems the measure found on the wrongdoer truly of import as good. Hence an amendment contained in the Article 15 of the Law 3727/2008 states the different sums of Controlled drugs which separate the ownership for personal usage and the ownership with purpose to provide. Some of these substances of this categorization are cannabis, diacetylmorphine and cocaine. For illustration a measure of 2.5g ( or less ) of hemp rosin ( or up to 20g of herbal hemp ) is considered that it is intended for personal usage. Similarly for diacetylmorphine and cocaine a measure of 1.5g of these drugs or less harmonizing to the jurisprudence is intended for personal usage. Any other measures above these bounds are intended to provide ( as Law 3727/2008 provinces ) and different punishments or sentences are consequently applied.
Precursor trafficking punishments
Associating to that subject both Greece and United Kingdom tend to follow similar guidelines that have been established by the European Union Instrument and have been adopted and approved by the established states. So harmonizing to the Articles 2 and 4 of the Council Framework Decision 757/JHA which was taken in Brussels in 2004, the minimal sums on the constituents of condemnable Acts of the Apostless and punishments were determined in order sentences to be attributed when illegal drug trafficking occurs. Sentences normally range from 1 to 5 old ages imprisonment and can be longer ( 5-10 old ages ) when industry, conveyance or any distribution of precursors is proved to be intended for either illegal production or industry of Controlled drugs and furthermore this action is proceeded by a condemnable administration. The Article 3 of the same Decision considers that the aggravation and encouragement to perpetrate every bit good as any aid support or aid to endeavor the above ( industry, conveyance or distribution of precursors that are intended for illegal actions ) is deemed condemnable and national Torahs are so responsible for finding the sentences.