THE DRUG TRAFFICKING IN THE REPUBLIC OF MACEDONIA - LEGAL FRAMEWORK, SUPPRESSION AND PREVENTION

Krstevska Savovska, Katerina (2018) THE DRUG TRAFFICKING IN THE REPUBLIC OF MACEDONIA - LEGAL FRAMEWORK, SUPPRESSION AND PREVENTION. Abstracts Book of at the International scientific conference „Drug enforcement in the Turkey and the world“.

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Abstract

The Chapter 21 of the Macedonian Criminal Code, contains several criminal acts which object of protection is the human health. The most popular are the ones encompassed in the Article 215 or “Unauthorized production and release for trade of narcotic drugs, psychotropic substances and precursors”, and Article 216 or “Enabling the use of narcotic drugs, psychotropic substances and precursors”. The main characteristic of these acts is, primarily, that they are generally dangerous acts, acts against the health of many, previously unspecified circle of persons, and not against the health of an individual. Therefore, the Paper shall pay attention to the Macedonian legislation, especially to the provisions of the Criminal Code. By analysing the legal framework of these criminal acts, from the aspect of the criminal policy, their trend of movement shall be determined. On the other hand, with the help of scientific analysis and description of the statistical data disposable to the Macedonian State Statistical Office, the detecting and proving activities of the Macedonian law enforcement organs shall be noted through the submitted criminal reports, initiated accusations and delivered judgments for sanctioning of the perpetrators of the criminal acts defined in the Articles 215 and 216. Furthermore, a special note shall be given to the type of the criminal sentences imposed to the convicted adult persons. Such study shall enable to determine what type of sentence prevails, as well as the length of the imposed sentences. Also, a note shall be given to the applied confiscation of property and confiscation of objects towards the convicted adult persons. In addition, having in mind the aspiration of the Republic of Macedonia to become an EU member, the European Commission’s progress reports shall be analysed from the aspect of the drug trafficking, i.e. the efforts that Republic of Macedonia takes in order to comply with the Copenhagen criteria and the conditionality of the Stabilisation and Association Process. Finally, the Paper shall address several domestic documents, among which are the National Drug Strategy 2014-2020 and its Action Plan. As noted in the Strategy, it relies on two pillars - reducing supply and reducing demand. Since the public health and security concerns are seen as a fundamental issues, the Strategy encompasses activities related to prevention, re‐socialization of prisoners with a drug addiction, as well as judicial and police cooperation, confiscation of criminal assets, investigations and border management. Namely, if the aim of the Strategy is the protection of the individual and the public security, a coordinated and continuous efforts are needed in order to deal with the production, releasement and unauthorized drug distribution, as well as with the criminal behaviour, organized forms of crime related to the production and distribution of drugs or money laundering that originate from such crimes. Therefore, the Strategy points to the strengthening of the co-operation and coordination between the relevant state organs, data collecting and analysing, improving the cross-border exchange of information and intelligence, participating and supporting the international investigations, using the new communication technologies, strengthening the capacity of forensic analysis, etc. Furthermore, as stated in the EU Drugs Strategy (2013-20), the aims are to protect and improve the well-being of society and of the individual, to protect public health, to offer a high level of security for the general public and to take a balanced, integrated and evidence-based approach to the drugs phenomenon.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 08 Jan 2021 12:29
Last Modified: 08 Jan 2021 12:29
URI: http://eprints.uklo.edu.mk/id/eprint/6107

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