APPLICATION OF THE PRINCIPLE OF OPPORTUNITY OF CRIMINAL PROSECUTIONFOR CRIMINAL OFFENSES RELATED TO DRUG ABUSE

Abstract

The fight against drug addiction is a complex social, legal, medical and psychological problem. In the paper, the author analyzes the basic importance and advantages of application of diversionary mechanisms for criminal offenses related to the drug abuse. The principle of the opportunity of criminal prosecution is one of the basic principles of the criminal procedure, created on the basis of the concept of restorative justice and diversions of the classic course of procedurein order to achieve efficiency, the purpose of punishment in a simplified procedure and humane goals.First of all, the standards and basic requirements of conditional dismissal of criminal prosecutionare highlighted.

In the central part, the nature, importance, purposes, functions and basic features of the measure of the treatment against misuse of drugsare discussed, within the application of the institute of “deferring criminal prosecution” whose domain includes criminal offences related to the drug abuse. The author investigates the public prosecutor's practice regarding the procedure for deciding on the measure and the execution of the measure. The paper highlights numerous problems in the execution procedure, which are one of the main reasons for the "hesitation" of the public prosecutor to decide to determine the measure. A small number of these measures are determined or their determination is sporadic. The development of the probation service is a key prerequisite for opening a wider space for the application of the principle of opportunity, i.e. expanding the possibility to conditional dismissal of criminal prosecution.

In the final part, the author discusses the normative framework for the application of “diversion orders”within the procedure for juvenilesand their procedural nature.Research related to the application of an „diversion order“ ofundergoing relevant check­ups and drug and alcohol treatment programs is highlighted.Regarding “diversion orders” of a therapeutic nature that can be applied to juveniles, it is important to create preconditions for its execution.