NCJ Number
126698
Date Published
1988
Length
11 pages
Annotation
Belgian legal provisions concerning drug use and trafficking are analyzed and evaluated.
Abstract
In Belgium, drug offenses are still prosecuted under the Law of February 24, 1921, which covers not only sleeping pills and addictive drugs but also poisonous, disinfectant, and antiseptic substances. Because it is so broad in its application, the law does not make distinctions between degrees of harmfulness in drugs, and it does not distinguish between drug dealers and users. As a result, judges have considerable discretion in deciding on the nature of an offense as well as the presence of aggravating or mitigating circumstances. Frequently, judges automatically assume the existence of mitigating circumstances so that the maximum penalties provided by law (forced labor of 15 to 20 years) are rarely imposed. The law of July 9, 1975, which modifies the original law, mainly promises leniency to drug offenders who reveal other drug criminals or crimes to the police. This modification, which is intended to elucidate drug crimes, also provides that the accused must convince the judge that they are holding no information back. In view of the rising numbers of Belgian drug users and dealers in the 1980's, the question was raised whether existing Belgian legislation can effectively control the country's drug problem. The article concludes that Belgian drug statistics are modest compared to those of other European countries and that the criminal justice system performs satisfactorily both in drug trials and with drug inmates.