The Criminal Offense of Possession and Enabling the Enjoyment of Narcotic Drugs in the Criminal Law of Bosnia and Herzegovina - Criminal Procedure and Criminal (Substantive) Aspect

Abstract

In this paper, the authors focused on the concept, that is, the objective-subjective conception of the criminal offense of possession and enabling the enjoyment of narcotic drugs in the criminal law of Bosnia and Herzegovina, with a special emphasis on the detection and proof of this criminal offense. When considering the definition of the concept and abuse of narcotic drugs, the general social context was taken into account in order to properly understand the criminal law (substantive) and criminal procedural nature of this incrimination. In the criminal law (substantive) context, this criminal offense is specific for the reason that the legislator prescribed the actions of incitement and assistance, which are, by their nature, the actions of complicity, in this case, that is, in the case of this criminal offense - as independent actions. In addition, an analysis of the legal text and a brief comparative review is made. According to the above, the paper points out uneven or different legal solutions in the entity criminal laws and the law of Brčko District of Bosnia and Herzegovina.
In the discovery phase, the complexity of gathering the initial information that indicates the existence of grounds for suspicion as a substantive legal condition for initiating and conducting an investigation, was emphasized. With regard to the implementation of certain criminal procedural actions, an update of the collection of necessary evidence, as well as the burden of proving this criminal offense and guilt, has been given.