Wytwarzanie lub obrót dopalaczami jako czyn z art. 165 § 1 pkt 2 k.k.

Abstract

The article discusses the issues of possibility to qualify producing or marketing the designer drugs as an offence form article 165 § 1 point 2 cc. The analysis is subjected primarily to ratio legis of this regulation, which shows that it does not have regulatory character and does not penalize producing or marketing the substances which are harmful by themselves. Moreover, the article high ligts other limitations in possibility to use article 165 § 1 point 2 cc as legal respond to the problem of designer drugs production, such as construction of abstract exposure to danger or the issue of the victim’s contribution.

Keywords

• designer drugs
• harmful substances