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After making this summary, the Investigation Division of the Department of Information and Communication of the Chancellery of the Seimas provides a study on the responsibility for the possession of small amounts of drugs in the countries of the European Union (EU).
The review was presented in Lithuania during the debate on the possibility of exempting from criminal liability for the illegal possession of small amounts of narcotic drugs or psychotropic substances without the purpose of their distribution.
At the end of December, after the presentation, the Seimas approved the proposal presented by a group of parliamentarians to decriminalize the possession of small amounts of drugs without distribution purposes.
Punishment for small quantities of medicines for personal use and use is subject only to administrative responsibility: fines of up to 100 euros. After the presentation, 57 parliamentarians voted in favor of such amendments, 24 opposed, 20 abstained and they will be discussed in the Seimas committees.
Some countries have refused to criminalize
According to a study carried out by specialists from Seimas, at least some of the countries in question, such as the Czech Republic, Estonia and Portugal, have in recent decades abandoned criminal responsibility for possession of small amounts of drugs and have established administrative responsibility.
It is also observed that EU countries that continue to apply criminalization policies often provide the possibility of minimizing or avoiding criminal penalties if the offender meets the low-risk criteria or if the perpetrator fulfills certain obligations, such as accepting treatment of addiction.
These states also preserve at least the formal possibility of effective criminal responsibility in the case of acts with more dangerous characteristics, such as the possession of small but highly harmful drugs or the repetition of acts.
According to the study, a compromise regulation has been established in Latvia, where when a person encounters a small amount of drugs for the first time, such an act carries administrative responsibility, but repeated cases are already subject to criminal responsibility.
If a person receives an administrative sanction for possession of a small quantity of drugs, they are informed that they will be prosecuted for recidivism within one year from the imposition of the sanction, the most severe penalty being up to three years in prison.
In Poland, illicit drug possession is punishable by up to three years in prison and, in less serious cases, by a fine, restriction of liberty or imprisonment of up to one year.
In cases where the amount of drugs in illegal possession is small and intended for personal use, the criminal process may be terminated if it is not appropriate to punish the person.
Responsibility can be released
In some EU countries, the possession of drugs is subject to criminal liability, but there is the possibility of exemption from it, if the act is not dangerous, the drugs were considered for personal use, the person agrees to receive treatment.
In Austria, illegal possession of drugs is punishable by up to one year in prison or a fine, depending on the economic and other circumstances of the life of the convicted person.
There is less leniency if these acts are committed for personal use, punishable by up to 6 months in prison or a fine, and there are several procedural options to avoid the actual imposition of penalties.
The prosecutor or the court may suspend the criminal process and postpone the execution of the sentence for up to two years if the perpetrator agrees to receive medical treatment, duly complying with the conditions established during the postponement of the execution of the sentence.
The Estonian Penal Code establishes responsibility for the possession of large quantities of drugs and for trafficking purposes, punishable by up to three years in prison. However, criminal responsibility for the possession of small amounts of drugs without the intention of trafficking or distribution has ceased since 2002.
The French Penal Code establishes responsibility for drug possession, punishable by up to one year in prison and a fine of up to 3,000. 750 euros. Prosecution for drug use can be replaced by treatment measures.
As of September 2020, a new provision of the article of the Public Health Code will apply, according to which, in the event of drug use, the prosecution may be terminated and a fixed fine of 200 euros may be imposed on the author. .
In Finland, possession or attempted possession of a drug is punishable by a fine or imprisonment of up to two years. A small amount is punishable by a fine or imprisonment for up to six months, but the charges can be dropped or the penalty waived if the act is a misdemeanor. The charges can be dropped or the sentence can be waived if the perpetrator seeks medical treatment.
If the drug was consumed by a minor and his behavior was first identified, an interview is conducted. During it, a verbal reprimand is transmitted to the minor who committed the act and the charges are dropped.
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In Sweden, the acquisition, possession, intentional use of drugs, etc., is punishable by a fine or imprisonment of up to six months if the crime is found to be serious.
When the quantity is not small or the substances are dangerous, they are punishable by imprisonment of up to three years. According to the study, in practice, fines are often imposed in these cases.
If, given the circumstances of the case, it is recognized that the imposition of a fine would also be an inappropriate measure, the perpetrator may be granted probation combined with public interest work or medical treatment.
In Germany, illegal drug possession is generally punishable by up to five years in prison or a fine. However, prosecution can be waived if the offender is guilty of misdemeanors and the crimes were committed with small amounts of drugs for personal use.
The amendments are tabled by the ruling and opposition representatives.
More than a quarter of parliamentarians have initiated amendments to the Codes of Criminal and Administrative Offenses, which propose to decriminalize the possession of small amounts of drugs without distribution purposes and provide for a fine of up to 100 euros.
More than 30 Seimas members from the ruling and opposition factions submitted amendments. The signatories include the presidents of the three ruling parties Gabrielius Landsbergis, Aušrinė Armonaitė, Viktorija Čmilytė-Nielsen and Prime Minister-designate Ingrida Šimonytė.
According to the amendments, the Code of Administrative Offenses would be supplemented so that the production, processing, acquisition, storage, transport and dispatch of small quantities of medicines for the purpose of sale or other distribution would carry a warning or a fine of 20 to 100 euros.
Criminal liability will continue to apply to people who are involved in the possession of more than small amounts of narcotic drugs or psychotropic substances. It is proposed to exempt from criminal responsibility persons who have voluntarily requested medical assistance from a health institution or who have requested a state institution to return illegally acquired drugs.
In 2018, the Seimas twice rejected amendments to make possession of small amounts of drugs administrative rather than criminal.
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