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Drug Laws in Austria (From Criminal Law in Action: An Overview of Current Issues in Western Societies, P 179-198, 1988, Jan van Dijk, Charles Haffmans, et al., eds. -- See NCJ-126687)

NCJ Number
126699
Author(s)
M Burgstaller
Date Published
1988
Length
20 pages
Annotation
Austrian drug legislation is surveyed and evaluated from its origins in 1928 to the present.
Abstract
The law of 1928 made the illegal trafficking of drugs a criminal offense though the punishments were then relatively low. The law of 1946 emphasized the danger of illegal drugs to the public well-being and stiffened the punishment. The explosive increase of drug offenses in the late 1960's prompted a major reform in 1971 which distinguished between dealers and users. Dealers were threatened with severe punishments while the charges against users were frequently suspended in favor of treatment. The reform of 1980 clearly specified the amount of each type of drug a person could own and still be considered a user; it also established a comprehensive system of treatment, control, and counseling for users. Present sentencing and prison practices are spelled out by the law of 1985 which provides prison terms of up to 20 years for the production and trafficking of "large amounts" of illegal drugs. The article includes recent statistics on drug suspects, convictions, and sentencing practices. It is concluded that through their history of reform and compromise, Austrian drug laws show concern for the interests of offenders and enjoy broad political support.

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