Defining the Definition of Serious Drug Liability

Abstract

          This article aims to study concepts and theories pertaining to determining the scope of the definition for serious drug-related offenses. It defines five types of offenses: production, import, export, distribution, and possession, with each type varying in seriousness and the level of damage it incurs. This broad definition affects the law by lacking clarity and certainty, thereby impacting the criminal justice process. Specifically, in determining penalties for individuals attempting to commit serious drug-related offenses, the penalty must be equal to that imposed on those who successfully commit the offense. This goes against the principles of criminal punishment, which advocate for holding individuals accountable only for their intentional actions, considering the offender's intentions rather than solely focusing on the actual harm caused. Consequently, it leads to unfair criminal justice proceedings for individuals attempting to commit an offense. This places the defendant in a position where they may face punishment exceeding the scope of their actions or miss several opportunities provided by the law, such as impunity regarding restraint, repentance, or suspended sentencing. In contrast to foreign drug-related offenses, there is no provision for such punishment in the definition of the scope of offenses, and alternative measures can be utilized instead of criminal punishment to reduce drug-related cases. These alternative measures may include treating offenders as patients, considering the revocation of certain drug offenses, etc.

          For these reasons, accurately defining the scope of serious drug-related offenses is essential. This should entail considering only the nature of the offense or the conditions of the drug offense
as truly appropriate. Specifically, offenses that impact public security or the safety of the country, or are deemed serious drug offenses, should be classified according to the International Classification of Crime for Statistical Purposes (ICCS). The author suggests guidelines for mprovement, including: (1) Amending the provisions of Section 1 of the Narcotics Code to define a scope of serious drug-related offenses, specifying only the offenses of production, import, export, distribution, and possession as behaviors that affect public security or the safety of the country and are thus considered serious offenses. (2) Studying and discussing the punishment of offenders regarding drug-related offenses, with an emphasis on understanding individual criminal liability and ensuring consistency with the seriousness of the action and the societal harm caused. This should also involve considering the implications of defining criminal penalties that affect measures in other areas.