Criminal Law Regulation Research Articles

Exemption from criminal liability in connection with active repentance

The priority direction of improving the criminal legislation of the Republic of Kazakhstan is to ensure a balance of “punitive, restorative and preventive means of criminal law regulation”. The authors comprehensively investigated the content of the norm on exemption from criminal liability in connection with active repentance, which occupies a central place in the domestic concept of restorative justice. The study was conducted on the basis of the dialectical method of cognition of social processes, using formal legal, historical-legal, comparative-legal methods, the method of structural-system analysis. In the course of the study, the scientific works of Kazakh and Russian scientists, the current criminal legislation were studied. The main part of the article traces the history of the legal regulation of active repentance under the Criminal Code of the Kazakh SSR of 1959, the Criminal Code of the Republic of Kazakhstan of 1997 and 2014. The essence of active repentance is determined, the legal nature is revealed, the objective and subjective grounds and conditions fixed in the law are analyzed, the procedure for applying exemption from criminal liability in connection with active repentance is shown, the legal and social significance of this type of exemption from criminal liability is shown. The correlation of general and special norms providing for the possibility of exemption from criminal liability in connection with active repentance is carried out. The institutions of voluntary renunciation of a criminal offense and active repentance are differentiated. Based on the evaluation of the results of theoretical research and current legislation, conclusions are formulated regarding the incentive-stimulating potential of the norm on exemption from criminal liability in connection with active repentance.

An overview of offences against monuments in the Polish law

The aim of the article is to overview the criminal law regulations and the standpoints of Polish doctrine concerning the protection of monuments under Polish law. The main discussion is preceded by an introduction, which explains key concepts relating to crime against monuments, including what is to beunderstood by the criminological term “crime against monuments”. The next part of the study discusses crimes against monuments governed by the Penal Code and the Law on the Act on the Protection and Guardianship of Monuments. The paper closes with brief conclusions. One of the main postulates isthe need to strengthen the criminal law protection of monuments by creatinga separate chapter of the Penal Code dedicated to these assets.

The peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act

The article is a study of the peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act. Specifically, it was established that a terrorist act involves violent activities or violence carried out with the intention to instill fear, panic, threaten lives, health, and safety of people, or to intimidate by using civilians as human shields or armed means. Terrorist acts are usually aimed at achieving political, religious, ideological, or social goals and can be perpetrated by individuals, groups, or organizations. The criminal responsibility for committing a terrorist act is governed by Article 258 of the Criminal Code of Ukraine.Furthermore, the article specifies that the crime defined in Article 258–2 of the Criminal Code of Ukraine, «Public Calls to Commit a Terrorist Act,» is characterized by the special intent of disseminating materials inciting terrorist acts. According to Article 258–2 of the Criminal Code of Ukraine, those who make public calls to commit a terrorist act may face not only imprisonment but also corrective labor or arrest.The study concludes that a systemic analysis of general types of exemption from criminal liability, as provided in Articles 45–49 of the Criminal Code of Ukraine, allows for their application to individuals who have committed terrorist offenses. Thus, the provisions for exemption from criminal liability based on personal surety (Article 47 of the Criminal Code of Ukraine) and exemption due to a change in circumstances (Article 48 of the Criminal Code of Ukraine) can be applied to individuals who have been involved in committing a terrorist act (Part 1 of Article 258–1 of the Criminal Code of Ukraine) and those who have made public calls to commit a terrorist act (Article 258–2 of the Criminal Code of Ukraine).Consequently, legislative compromise regarding terrorist offenses represents a special form of criminal law impact. Within the realm of criminal law regulation of specific forms of exemption from criminal liability for committing terrorist offenses, there are ongoing scientific discussions, which discern the rational basis of scientific assertions, enabling a more rational implementation of legislative compromise concerning these crimes.

Liability for the encroachment on the activities of judges under the legislation of some states of the EU

The article analyzes the criminal laws of some member states of the European Union in terms of the reflection of criminal offenses related to the encroachment on the activities of judges. In particular, the criminal laws of the countries characterized by the highest Rule of Law Index Scored by Criminal Justice in 2023 were studied: the Republic of Finland, the Kingdom of Denmark, the Kingdom of Sweden, the Republic of Austria, the Federal Republic of Germany, the Republic of Estonia, the Kingdom of the Netherlands, and the Grand Duchy of Luxembourg. The conducted research allowed to compare the criminal law regulation of the relevant sphere of public relations in Ukraine and the above-mentioned states and to make some suggestions for improvement of the current Criminal Code of Ukraine in the analyzed part.It is found out that the criminal legislation of the Republic of Finland, the Kingdom of Denmark, the Kingdom of Sweden, and the Kingdom of the Netherlands does not contain any special norms on the encroachment on the activities of judges, and “influence” on judges due to their activities is being qualified as an encroachment in a particular form on the activities of a public official. The criminal laws of the Republic of Austria and the Federal Republic of Germany provide for special norms on certain forms of encroachment on judges of certain courts only, who are named as victims in the same articles along with other special victims. Only the criminal laws of the Republic of Estonia and the Grand Duchy of Luxembourg contain special norms on certain forms of encroachment on the activities of judges, but these norms mention judges together with other special victims.The fact that none of the analyzed criminal laws of the European Union member states with the highest Rule of Law Index Scored by Criminal Justice has separate norms on the encroachment on the activities of judges exclusively (the judge is either not directly identified as a victim at all, or may be directly mentioned in a particular article of the criminal law, but alongside other special victims), allows us to express doubts about the expediency of having special norms on the encroachment on the activities of judges in the current Criminal Code of Ukraine.

Criminal law regulation of private military and security companies in the USA

The article examines the criminal law regulation of private military and security companies in the United States. The genesis of the emergence of private military and security companies, their functions and principles of activity are considered. The author analyzes the legislative framework that defines the status and position of private military and security companies in the United States. The legal relations of US government agencies with private military and security companies are studied. The author analyzes the US regulations on the joint activities of the US Department of Defense, the Department of Justice and the Department of State on the joint policy governing the powers of private military and security companies, namely, the mechanism of command and control over employees of private military and security companies, including in the collection and analysis of intelligence information. The author identifies topical issues of criminal law regulation of activities and liability of private military and security companies in the United States. The article examines the doctrines of liability that have, in one way or another, provided private military and security companies with the opportunity to protect themselves from prosecution in American courts. Some of the liability rules relate to the immunity of the State from prosecution in any court, both domestic and foreign, which have been repeatedly applied by the United States. Key words: private military companies in the USA, private security companies in the USA, criminal law regulation, regulatory acts of the USA, principles of activity.

The Issue of the Axiological Consistency of the Criminal Provisions Regulating the Causing of Human Death

Abstract This article aims to assess whether the criminal law regulations on causing human death are consistent with each other, but primarily whether they are coherent with the axiology of the entire legal system in that area. First, the author presents the significance of axiological consistency and – based on the Constitutional provisions, rulings of the Constitutional Tribunal and arguments of representatives of the doctrine – decodes the basic assumptions relating to the protection of human life. Further, by means of an examination of the provisions of the Criminal Code and the law on infertility treatment, the author diagnoses a state of complete axiological inconsistency in the area of a criminal law response to causing death, pointing to the causes of that state of affairs. The significance of axiological consistency indicated at the outset (on numerous levels) does not let one ignore that conclusion.

To the question of the typology of the mechanisms of criminal law influence and the possibilities of their criminological support

The object of the study is criminal law impact – a legal phenomenon that is subject to development in domestic criminal law, but has received insufficient research due to the ongoing discussions of legal scholars about its content, place in the system of legal regulation and mechanism of action. The subject of the study is, firstly, the typology of the mechanisms of criminal law regulation, and secondly, the possibilities and methods of criminological support of such mechanisms. The typology is based on different types of criminal law rationality, which, in turn, through legal consciousness and legal culture, set different expectations from the application of criminal law in different cases. The author draws attention to the fact that the attempt to present the mechanism of criminal-legal impact as a single phenomenon, as well as the efforts of legal scholars to develop universal methods of criminological justification of criminal-legal prohibition face serious difficulties. To overcome them, it is proposed to distinguish three types of the mechanism of criminal legal impact, as well as to focus attention not so much on the justification of decisions on criminalization or decriminalization, as on criminological support of the process of criminal legal impact, taking into account the typology carried out. The main methods of criminological support of each type of mechanism of criminal legal influence are proposed. Taking into account the peculiarities of the functioning of the social control system, separate recommendations for reducing or strengthening the processes of stigmatization of offenders are proposed for each type.

Between freedom and hate/ selected aspects of criminal law regulation of hate speech crimes /

The publication presents the phenomenon of hate speech in the context of the regulations of Polish criminal law, which mainly refers to hate crime, in particular art. 119, 256, 257 of the Criminal Code (hereinafter the CC). It was preceded by a short description of the evolution of hate speech in Poland, which leads to an analysis of the contemporary socio-political situation in Poland and an assessment of the legal status. around the ongoing public discussion on this issue, including the constant presence of hate speech in the public space. The conducted historical and social arguments lead to the discussion of hate speech crimes identified by the Polish legislator in Art. 119, 256 and 257 of the Penal Code In order to bring closer the contemporary penalisation of hate crimes, the author uses the historical regulations in force in Poland, which are, in a way, the sources of contemporary legislation in this matter. On the basis of the doctrine and jurisprudence, the contemporary validity of the provisions on hate speech crimes was discussed. The reader's attention was also focused on the evolution of the contemporary regulation of the discussed criminal offenses in the context of the planned amendments to the penal code and the parliamentary and civic bills reported on this matter. The analysis of the criminal law aspects of hate speech crimes leads to conclusions regarding the presence in public debate of various forms of expression involving hate speech, the conflict between the freedom of speech (freedom of expression) and hate speech used in communication by politicians and ordinary people in the democratic structure of the rule of law, and the role of and the obligations of the legislator who, with some inconsistency, intervenes in this space, trying to assure the society of the need for changes in this respect or the lack of it. Hence, there are also various ideas and draft changes to the law in this area, incl. by extending the scope of penalizing the behaviors indicated in art. 119 of the Penal Code motivated by the need to increase the protection of victims.

The Concept of Law Enforcement of the Crime of Theft through a Restorative Justice Approach

This research is considered important because efforts to resolve general criminal cases in Indonesia through a restorative justice approach can be realized if a regulation of material criminal law can be substantively reconstructed to provide legal certainty for justice seekers in a restorative justice manner. There was a conflict between Das Sein and Das Sollen. There are three problems raised in this dissertation research, which are about how the concept of law enforcement for criminal acts of theft through a restorative justice approach. To analyze these problems used the social legal research method. The results of this study found that the restorative justice approach is to realize the implementation of restorative justice in the settlement of general crimes with substantive legal, progressive, efficient and just powers. Reconstruction of several articles consisting of formal and material laws and regulations as well as law enforcement implementing regulations including the Criminal Code, the Criminal Procedure Code, the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, Regulations Kapolri Number 14 of 2012 concerning Investigation Management, Kapolri Regulation Number 3 of 2015 concerning Community Policing. The concept of upholding the crime of theft through a restorative justice approach is to realize sentencing efficiency and a change in the sentencing paradigm. Looking at the phenomenon of the Indonesian judiciary which is very crowded from the accumulation of case files as an illustration of the large number of cases in this Republic, the condition of prisons that are over capacity, as well as the increasingly high state budget for financing legal proceedings.

Status Of Corruption Acts Under The Indonesian Criminal Law System

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.

Place of forgery of documents in the system of encroachments on document circulation under the criminal law of Ukraine

The dynamism of criminal legislation, the inconsistency of its provisions with each other and with the provisions of regulatory legislation, present the science of criminal law with the task of systematizing relevant material, classifying normative provisions on the basis of objective criteria, finding gaps and excesses in legal regulation, collisions and unjustified competition, and developing proposals for improvement of the state of legal protection of a certain object against criminal and illegal encroachments. At the same time, it should also be borne in mind that document circulation as an object of criminal law protection has not found its separate reflection in the system of the Special Part of the Criminal Code of Ukraine and is protected by the norms on criminal offenses that encroach on completely different generic objects. This makes it difficult to have a systematic idea of the place of criminal offenses related to forgery of documents in this system. The science of criminal law has in its arsenal deep and thorough studies of both the system of encroachments on the document circulation itself and certain problems of the criminal law regulation of certain types of document forgery. At the same time, the development of social relations, the appearance of specific types of documents, the introduction of changes and additions to the Criminal Code of Ukraine, does not allow to conclude that the problem of determining the place of forgery of documents in the system of encroachments on document circulation under the Criminal Code of Ukraine is finally resolved. The article puts forward and substantiates a hypothesis regarding the system of types of encroachments on the document circulation and determining, on the basis of objective criteria, the place in it of a group of criminal offenses related to forgery of documents. Forgery of documents is a set of criminal offenses aimed at the appearance in objective reality of a false document. In this way, it differs from the illegal handling of real or forged documents, which also interferes with the circulation of documents.

Legal Ambiguity and Its Impact on Community Criminalization in Mining Obstruction Cases: An Inclusive Legal Perspective

This normative legal research scrutinizes the implications of criminal provisions concerning parties who hinder mining, and critically investigates an inclusive legal perspective on the penalization of such parties. The research, underpinned by a conceptual and statutory approach, identifies that the ambiguous penal provisions can potentially result in criminalizing local communities engaging in activities perceived as obstacles to mining operations. It highlights a critical contradiction between these punitive measures and the principle of affirmative action within prophetic law. The study also exposes a legal obscurity pertaining to the lack of parameters to define acts that hinder or obstruct mining operations, which contributes to the risk of community criminalization around mining sites. The research culminates in suggesting legal and political strategies to address this issue: a judicial review at the Constitutional Court, and hearings and aspirations at the People's Representative Council (DPR) to revise mining criminal law regulations. This study reveals that such interventions are crucial to ensure lex certa, a component of the principle of legality, which can provide legal certainty to affected communities, thus reducing unwarranted community criminalization.Highlights:
 
 Legal ambiguity may criminalize local communities.
 Current punitive measures contradict affirmative action.
 Judicial review and legislative amendments are necessary for legal certainty.
 
 Keywords: Legal Ambiguity, Mining Obstruction, Community Criminalization, Inclusive Legal Perspective, Affirmative Action.

Декриминализация преступлений в сфере предпринимательства

The article examines current issues of protection of the rights and legitimate interests of subjects of entrepre-neurial activity. The following directions of improvement of criminal procedural and criminal law legislation are analyzed: decriminalization of some “entrepreneurial” articles of the Criminal code of the Russian Federation; gradual abandonment of excessive criminal law regulation in business; wider use of compensatory measures of punishment (compensation, fines) and alternative to punishment of criminal law measures (mediation, transaction). The article considers statistics on the types of crimes that are most often applied to entrepreneurs. In addition, the main directions of long-term state policy in the field of entrepreneurship, which are being im-plemented to date, are considered. The influence that the administrative environment represented by public authorities and local government has on entrepreneurship has been analyzed. Trends in the field of criminal law risks and their impact are analyzed.

Peculiarities of criminal liability for violation of the equality of citizens based on their race, nationality, region, religious beliefs, disability, gender and other grounds under martial law

The article highlights the peculiarities of qualification of incitement to national, regional, racial or religious hatred and enmity, humiliation of national honor and dignity, or insulting the feelings of citizens in connection with their religious beliefs, direct or indirect restriction of rights or establishment of direct or indirect privileges of citizens on the basis of race, skin color, political, religious and other beliefs, gender, disability, ethnic and social origin, property status, place of residence, language or other characteristics. The article focuses on the analysis of legislative changes relating to the criminal law regulation of relations arising in connection with the imposition of martial law on the territory of Ukraine as a result of the armed aggression of the Russian Federation on February 24, 2022. The content of the novels related to incitement to regional enmity and hatred is revealed. The provisions of the draft laws on the expediency of a clearer regulation of the concept of region at the legislative level and its harmonization with the administrative-territorial structure enshrined in the Constitution of Ukraine are considered. For the sake of formal clarity of the understanding of incitement to regional hatred, the author proposes to clarify the concept of region in the law. The author analyzes the problematic issues of application of the provisions of Article 161 of the Criminal Code of Ukraine, including with due regard for the conditions of martial law, by investigative and judicial authorities. It is stated that if intentional actions aimed at inciting national, religious hatred, hatred contain justification, recognition as lawful, denial of the armed aggression of the Russian Federation against Ukraine, which began in 2014, including by presenting the armed aggression of the Russian Federation against Ukraine as an internal civil conflict, justification, recognition as lawful, denial of the temporary occupation of part of the territory of Ukraine, they should be qualified under the combination of Articles 161 and 436-2 of the Criminal Code of Ukraine. The author focuses on the peculiarities of qualification of actions under Article 161 of the Criminal Code of Ukraine which entailed grave consequences.

Відмінності у кримінально-правовій регламентації відповідальності за шахрайство у законодавстві деяких зарубіжних держав

Abstract. During the last decade, there has been an interest in comparative legal studies concerning the science of criminal law. A significant change in the conditions of social life and the desire to adhere to the principles accepted by the peoples of developed countries require the study of foreign experience and sometimes taking information from international law. Comparative research makes it possible to reveal and take into account other people's mistakes and achievements when solving questions about criminality and the punishment of specific acts, helps to understand the role and significance of criminal law as a tool of social regulation. Recently, comparative legal studies of norms concerning property criminal offenses have appeared in science, but they pay unjustifiably little attention to the investigation of fraud. In this article, without pretending to be an exhaustive analysis, we will focus attention on the most significant differences in the criminal law regulation of liability for fraud in the legislation of some foreign countries. No society can exist without property, which, being the economic basis, largely determines political, moral, legal, and other relations. According to the modern idea of the system of social values, the right to property is regarded as the greatest of the social benefits of an individual. Therefore, encroachments on these benefits are encroachments on personality. Fraud occupies a special place among criminal offenses against property. Even though in quantitative terms, fraudulent crimes are inferior to theft and robbery, in terms of the growth rate of the number of registered cases of fraud, this type of criminal offense is significantly ahead of other crimes against property. A feature of foreign legislation is the presence, along with the general regulation concerning liability for fraud, of an extensive system of special regulations concerning liability for fraud in financial markets, in insurance, lending, and circulation of actual objects, goods, and services.

Criminal Law Protection of a Child by means of Slovak Criminal Law and European Union Law

Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced. Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data. Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.

Topical issues of criminal law regulation in the sphere of economic activity (Chapter 22 of the Criminal Code of the Russian Federation): reflections on the background of a special military operation

The article analyzes the principles, grounds and features of the regulation of criminal liability for certain crimes in the field of economic activity in the conditions of a special military operation. The authors, in general, consider novelties of criminal legislation for the last year - in the period from February 24, 2022 to February 24, 2023. In many respects, the noted changes relate to issues of criminal law protection of military, public and state security, ensuring the effective implementation of state defense orders, saving military property, carrying out military and guard duty. It is noted that in some cases, a hasty criminal-legal response to the appearance and expansion of negative manifestations in the conditions of a special military operation leads to failures and contradictions in regulatory design and to further difficulties in law enforcement practice. It is pointed out that it is necessary to improve military and defense legislation.

Legal Comparison Of Prostitution Arrangements In Indonesia And Sweden

Prostitution is one of the social problems that occur in Indonesia. Currently the perpetrators of prostitution have been among teenagers, students, students, housewives, and various other circles. The problem of prostitution is clearly not an easy problem to solve, and it cannot be denied that it continues to emerge with various modus operandi in society and develops along with the progress of the times, science and technology. The purpose of this study is to find out how the criminal law policy is against the parties that involved in the protitution crime in Indonesia and to figure out how the criminal law policy is against prostitution services users in Sweden. The method used is normative legal research. This research approach uses a comparative approach. Source of data comes from secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The conclusions in this study indicate that the current regulation of criminal law against the crime of prostitution has not been able to accommodate the problems of prostitution in Indonesia and it is necessary to establish new rules governing the crime of prostitution. The regulations regarding prostitution in Sweden are different from those in Indonesia. considering that the Swedish state enforces laws and regulations governing the crime of prostitution as contained in the Sex Purchase Law, and the Swedish government has also established a special investigative agency in the field of prostitution.

Duration of deprivation of the right to hold certain positions or engage in certain activities: theory and practice problems

Purpose. The objective of the study is to clarify the criminal law issues related to the determination of the terms of deprivation of the right to hold certain positions or engage in certain activities as a special type of punishment. To achieve this objective, an appropriate methodology was applied, in particular, philosophical, general scientific and special scientific methods were used. For example, the dialectical method was used to identify the essential features of deprivation of the right to hold certain positions or engage in certain activities; the historical and legal ones - when studying the problem of determining the optimal terms of deprivation of the right to hold certain positions or engage in certain activities in the national criminal law doctrine; the comparative legal method - to clarify the specifics of the relationship between deprivation of a right and restriction of a right; typological one - to reveal the peculiarities of criminal law differentiation of terms of deprivation of the right to hold certain positions or engage in certain activities; systemic and structural methods were used to study the deprivation of the right to hold certain positions or engage in certain activities in the system of criminal punishment; formal and dogmatic ones - when analyzing the provisions of current criminal legislation of Ukraine establishing deprivation of the right to hold certain positions or engage in certain activities as a type of punishment. Results. Establishing the periods of deprivation of the right to hold certain positions or engage in certain activities in absolutely certain amounts contradicts the general principles of sentencing, eliminates the court's authority to impose an optimal punishment, and also negatively affects the mechanism of criminal law regulation. Scientific novelty. Deprivation of the right to hold certain positions or engage in certain activities is an effective form of preventing and combating crime, as it provides for the harmonization of the relevant punitive properties with the personal characteristics of the perpetrator. Practical importance. In order to enhance the criminal legal impact of deprivation of the right to hold certain positions or engage in certain activities, the duration should be set in relatively defined amounts with the mandatory definition of both the maximum and minimum limits.

A Legal Good Under Art. 62(1) of the Act on Counteracting Drug Addiction of 2005

Abstract The focus of this article is the regulation of Article 62(1) of the Act on Counteracting Drug Addiction of 29 July 2005, often referred to in literature as ‘possession for personal use’. The fundamental issue related to the subject matter pertains to the definition of the legal good in Art. 62(1) of the Act. Contrary to initial impressions, identifying this interest is neither simple nor unequivocal, as there may be doubts over whether such a good protected by law exists and, if so, whether it should be protected under criminal law. The article also explores the correlation of this legal good and the need to protect it with other legal goods protected by the Constitution (e.g. individual freedom). Additionally, the article also examines the significance of the consent of a holder of a given good for the exclusion of unlawfulness or the absence of any attack on the legal good. Behaviour undertaken with the consent of the holder, allegedly “violating” the legal good, is after all, an act that conforms to the norm from the outset, and therefore does not involve any element of unlawfulness. As such, it does not constitute a criminal act. There are doubts whether in the case of possession and use of drugs, there is a threat to the legal good or whether such conduct is lawful from the very beginning, given the consumer’s consent. The article critiques the existing criminal law regulations, and its key argument is the thesis that drug addiction is an issue of exclusively medical and social concern, rather than one of criminal law.