ACCOUNTABILITY OF DRUG CONSUMERS

• NCJ Number: 27882
• Journal: Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 57 Issue: 3 Dated: (JUNE 1974) Pages: 151-158
• Author(s): M D TAESCHNER; K WANKE
• Date Published: 1974
• Length: 8 pages
• Corporate Author: Carl Heymanns Verlag
• Publication Format: Article
• Language: German
• Country: West Germany (Former)

Annotation

DRUG INTOXICATION AND DRUG ADDICTION DISCUSSED AS EXCULPATING FACTORS IN DRUG PROCUREMENT OFFENSES.

Abstract

IN EVALUATING THE DEGREE OF RESPONSIBILITY UNDER CRIMINAL LAW OF A DRUG USER, THE NATURE OF THE OFFENSE IS IMPORTANT BECAUSE CONCLUSIONS CAN BE DRAWN FROM IT AS TO THE OFFENDER'S CONDITION IN MANY CASES. ALSO THE PSYCHOPATHOLOGICAL PICTURE, THE TYPE OF DRUG, THE AMOUNT AND THE TIME TAKEN SHOULD BE INVESTIGATED. THE OFFENDER'S PERSONALITY, THE EXTENT OF HIS DEPENDENCY, HIS PHYSICAL CONDITION BEFORE THE OFFENSE AND THE EXISTENCE OF ANY PERMANENT CHANGES ALSO NEED TO BE TAKEN INTO CONSIDERATION. CERTAIN PROVISIONS OF THE WEST GERMAN PENAL CODE CAN BE USED AS A RULE OF THUMB IN DETERMINING THE DEGREE OF ACCOUNTABILITY OF DRUG USERS. WHERE THE OFFENSE HAS NO PERCEPTIBLE CONNECTION WITH THE OFFENDER'S ADDICTION, RESPONSIBILITY UNDER THE CRIMINAL CODE APPLIES UNLESS THERE ARE OTHER EXCULPATING CIRCUMSTANCES. (AUTHOR ABSTRACT MODIFIED) --IN GERMAN