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NCJ Number: 65860 Find in a Library
Title: CURRENT LEGAL ASPECTS OF THE DRUG SCENE
Journal: ZEITSCHRIFT FUER ALLGEMEINMEDIZIN  Volume:53  Issue:22  Dated:(1977)  Pages:1275-1282
Author(s): H E RESTLE
Corporate Author: Hippokrates Verlag Gmbh
Germany (Unified)
Date Published: 1977
Page Count: 9
Sponsoring Agency: Hippokrates Verlag Gmbh
D-7000 Stuttgart 1, Germany, United
Format: Article
Language: German
Country: West Germany (Former)
Annotation: LEGAL PROBLEMS IN DEALING WITH DRUG OFFENSES AND DRUG OFFENDERS IN WEST GERMANY ARE OUTLINED.
Abstract: OFFENDERS INVOLVED IN ILLEGAL DRUG USE ARE CLASSIFIED AS EXPERIMENTERS, LONG-TERM ADDICT-DEALERS (THE MOST COMMON TYPE), NONUSER DEALERS, AND DRUG COURIERS. SALES OCCUR EVERYWHERE, ESPECIALLY IN BARS AND DISCOTHEQUES, THE MOST FREQUENTLY SOLD DRUGS ARE MARIHUANA, LSD, COCAINE, MORPHINE, HEROIN, POLAMIDON AND VALORON; THESE DRUGS CAN BE CUT WITH OTHER SUBSTANCES FOR STREET SALE, POSSIBLY PRODUCING CONTAMINATION AND DOSAGE RISKS. PENALTIES FOR DRUG POSSESSION INCLUDE FINES RANGING FROM 2 GERMAN MARKS TO 3,600,000 AND IMPRISONMENT FROM 1 MONTH TO 2 YEARS. THE SEVERITY OF THE PENALTY DEPENDS ON THE QUANTITY OF THE DRUG CONFISCATED AND ON ITS INTENDED USE (I.E., PRIVATE CONSUMPTION OR SALE); SALES OF DRUGS TO INDIVIDUALS UNDER 18 YEARS OLD ARE HARSHLY PUNISHED. PHYSICIANS WHO KNOWINGLY WRITE PERSCRIPTIONS TO SATISFY DRUG HABITS CAN BE PROSECUTED. AREAS ALSO COVERED BY DRUG LAWS ARE CRIMES RELATED TO OBTAINING DRUGS (E.G., BREAKING INTO DOCTORS' OFFICES, ENGAGING IN PROSTITUTION), TRAFFIC VIOLATIONS COMMITTED UNDER THE INFLUENCE OF DRUGS, AND MENTAL INCOMPETENCE RESULTING FROM DRUG USE. JUVENILE DRUG OFFENSES ARE GOVERNED BY SEPARATE REGULATIONS. PROBLEMS ARE CREATED IN CRIMINAL INVESTIGATIONS WHEN DRUG CONSUMPTION AFFECTS THE ABILITY OF WITNESSES OR SUSPECTS TO RESPOND TO QUESTIONING, CALLS TO QUESTION THE CREDIBILITY OF THEIR RESPONSES, OR INHIBITS THEIR WILLINGNESS TO COOPERATE. ONLY A PHYSICAN IS PERMITTED TO SEARCH THE BODY OF A SUSPECT TO FIND HIDDEN IS PERMITTED TO SEARCH THE BODY OF A SUSPECT TO FIND HIDD EVIDENCE OR TO ORDER INSTITUTIONAL COMMITMENT FOR OBSERVATION, ALTHOUGH IN EXCEPTIONAL CASES THE PUBLIC PROSECUTOR MAY CARRY OUT SEARCHES. DRUGS AND DRUG PARAPHERNALIA MAY BE CONFISCATED. HOWEVER, THE PATIENT-PHYSICIAN CONFIDENTIALLY RELATIONSHIP EXEMPTS THE PHYSICIAN FROM TESTIFYING AGAINST OFFENDERS WHOM HE HAS TREATED. TELEPHONE SURVEILLANCE AND DETENTION TO PREVENT SUSPECTS' FLIGHT ARE PERMISSIBLE. IT APPEARS THAT NEITHER FINES NOR PROBATION DETER DRUG DEALERS, WHILE IMPRISONMENT INCREASES THE RISK ATTACHED TO DEALING, STIGMATIZES THE ACTIVITY, AND TAKES THE DEALER INSTITUTIONS OR A PSYCHIATRIC HOSPITAL IS DESIRABLE BUT IMPOSSIBLE WITHOUT SPECIAL FACILITIES AND ADDITIONAL FUNDS, AND MULTIDISCIPLINARY COOPERATION IN DRUG CONTROL IS DESIRABLE. --IN GERMAN. (KMD)
Index Term(s): Criminal investigation; Drug abuse; Drug dependence; Drug law enforcement; Drug law offenses; Drug laws; Drug offenders; Drug Related Crime; Evidence collection; Germany; Illegal dispensing of licit drugs; Medical fraud
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65860

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