The criminal offense of unauthorized possession of drugs in domestic and comparative criminal law

Abstract

The drug abuse is a negative social phenomenon, a severe socio-pathological and criminal phenomenon, and a social evil that affects all societies and all civilizations. In this context, the paper analyzes the criminal law provisions that criminalize unauthorized possession of narcotic drugs as a criminal act of abuse of narcotics, which is directly aimed against human health. The author analyzes the criminal law provisions pertaining to the criminalization of illegal possession of narcotic drugs in some comparative criminal law systems, including: France, Norway, Luxembourg and Jordan. In particular, the author focuses on the definition of the concept, elements and basic characteristics of the criminal offense of illegal possession of narcotics envisaged in Article 246-a of the Criminal Code of the Republic of Serbia.

Keywords

• criminal offense
• narcotic drugs
• abuse of narcotics
• the Serbian Criminal Code
• sanctions
• incrimination