Drug Offenders Research Articles

Section 64a of the NDPS Act: Analysing the Immunity from Prosecution for Drug Addicts and Individuals Charged with Minor Offences

Section 64A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 provides immunity from prosecution for drug users charged under Section 27 or involved in minor drug offences, as long as they willingly seek medical treatment for de-addiction at a government hospital. This provision signifies a shift towards prioritizing health rather than criminalization, emphasizing rehabilitative approaches over punitive measures. This paper examines the impact of Section 64A on reducing drug-related harm and the societal stigma of addiction, alongside its goals, challenges, and judicial interpretations. However, its effectiveness is compromised by inconsistent enforcement, insufficient rehabilitation resources, and widespread lack of awareness. Recommendations for enhancement involve elucidating unclear provisions of this regulation, fostering greater sensitivity among the public, law enforcement, and judicial officers, and broadening access to treatment. By bolstering India’s harm reduction approaches, substantial advancements can be achieved in both the legal framework and public health, tackling crucial health challenges and easing the burden on overcrowded prisons, thereby promoting a more equitable and efficient justice system.

Integrated Program Development and Effectiveness Verification for Inmates of Correctional Facilities to Drug Offender Rehabilitation

Integrated Program Development and Effectiveness Verification for Inmates of Correctional Facilities to Drug Offender Rehabilitation

Decriminalization of Minor Drug Offenders in Malaysia Enhances the Rehabilitative Aspect of Drug Addicts, Reduces the Problem of Prison Overpopulation and the Treatment Gap between the Arrested and Voluntereed Drug Addicts

Decriminalization of Minor Drug Offenders in Malaysia Enhances the Rehabilitative Aspect of Drug Addicts, Reduces the Problem of Prison Overpopulation and the Treatment Gap between the Arrested and Voluntereed Drug Addicts

Legal responses to drug offences and drink-driving: The potential of court-imposed care to prevent reconvictions

Legal responses to drug offences and drink-driving: The potential of court-imposed care to prevent reconvictions

Diversion or death? The moral framework shaping bifurcated punishments for drug offences in Indonesia

Background As the UN urges states to move from harsh punishments for drug offences towards treatment programmes, Indonesia has adopted a bifurcated penal policy. Most of those convicted are sentenced to imprisonment or death, but some ‘minor’ offenders are diverted to drug treatment centres. We explore the moralities that shape drug policy, justice professionals’ interpretation and application of laws and policies, and judgements about who is deserving of diversion. Methods We draw on experiences and perceptions of 136 Indonesian criminal justice professionals, through in-depth qualitative interviewing and focus groups, to reveal the moral landscapes shaping policy and practice. Results Justice narratives blur penal concerns with moral judgments about drug offending, with normative responses shaping punishments in law and practice. While there is some compassion for ‘minor’ drug offenders, driving rationales for diversion, drug traffickers are regarded as morally deserving of prison and capital punishment, with traditionalist perceptions of harm amplified by a purgative rationale. Conclusion This article highlights the analytical potential of moralities such as ‘compassion’ and ‘traditionalism’ in criminal justice research and policy in Southeast Asia. Understanding the formation and navigation of these normative values may assist in challenging harsh penal policy in Indonesia and the wider region.

The Changes in Drug Laws to Apply the Death Penalty for Drug-Related Offences in Vietnam

Vietnam has a history of executing individuals for particularly serious crimes. Applying the death penalty for drug-related crimes has sparked considerable debate since the first criminal code in 1985. Vietnam has retained this toughest punishment as one of the deterrent methods to combat drug trafficking in the last three decades. However, as a retentionist-and-reductionist state, Vietnam abolished capital punishment for several crimes in the last code (2015), including drug possession and appropriation. The application of the death penalty for drug offences in Vietnam has evolved in response to international standards and the country’s global integration. Despite these changes, the death penalty remains a contentious issue in Vietnam, with the country maintaining its right to use it in its criminal code system. The path towards the complete abolition of capital punishment for drug offences is still uncertain because this complex issue involves political, legal, and social aspects in Vietnam’s context, particularly when the Communist Party’s ideologies still prefer a supply-driven reduction. This study uses personal reflections from over 20 years to focus and combine with the grey literature from national reports and desk-study in Vietnam’s legislative documents. Seven specific thoughts with relevant recommendations in the last section will explain why we should need further evidence to (re)call for consideration to reduce the death penalty for drug offences before requesting/asking Vietnam to abolish these concerns immediately.

Spatial analysis of drug offences and their use registered by the Lithuanian Police in Vilnius City Municipality in 2015–2022

Spatial analysis of drug offences and their use registered by the Lithuanian Police in Vilnius City Municipality in 2015–2022

ARIMAX-Threshold 모형을 이용한 20대 이하 마약류 사범 검거 수 시계열 분석

In recent years, the number of drug offenders under 20s has surged, accounting for approximately 35.5% of all drug offenders in 2023, which becomes a serious social issue in Korea. The purpose of this work is to study and compare time series models for statistical analysis and prediction for the number of drug offenders under 20s. ARIMA and ARIMAX model is applied to the data of the number of drug offenders arrested under 20s. In order to further improve the predictability, a model added by threshold, reflecting the presence or absence of the exogenous variable, is proposed and compared. As for the exogenous variable, dark web data that is directly related to the number of drug offenders arrested, as a main drug dealer, is used. Based on cross-correlation coefficient analysis, the ARIMAX-Threshold model including indicator variables and threshold is proposed. Out-of-sample forecasting analysis is performed to compare the forecasting performance, and it is revealed that the ARIMAX-Threshold model proposed in this study improves the forecasting errors by up to 9.4%. The predicted values and prediction intervals of the data on the number of drug offenders under 20s until April 2025 are presented, which will contribute to help in policy development for drug crime prevention.

Substance Use Treatment for Indigenous Offenders: The Effects of Race on Drug Court Treatment Outcomes.

With drug offenders making up a large portion of cases in the criminal justice system, efforts to reduce recidivism among this population has been a sizable topic within research. Within this literature, drug courts continue to be shown to be an effective method of dealing with substance use offenders. The current study seeks to examine whether drug courts are similarly effective in treating White and Native American offenders. To do so, a quasi-experimental study with a matched comparison group is used to compare the 1- and 2-year recidivism rates of White and Native drug court participants. Results indicate that there are significant demographic differences between the two groups which lead to higher recidivism rates among Native American participants. However, once demographic and other control variables are accounted for, recidivism rates are not significantly different. Further implications of these findings are discussed in the conclusion.

Nationwide assessment of illicit drug consumption patterns in South Korea using wastewater-based epidemiology during the COVID-19 pandemic (2020–2022)

Illicit drugs have become a crucial global social issue, with South Korea experiencing a continuous increase in the number of offenders and drug smuggling. This study employed wastewater-based epidemiology to investigate consumption patterns of 8 illicit drugs and their 7 metabolites during the COVID-19 pandemic (2020–2022) in South Korea. Ten compouds were detected in the wastewater influent. Methamphetamine (METH) was prevalent in samples, followed by amphetamine and ecstasy (MDMA). Interestingly, MDMA and ketamine (KET), which were not detected in previous Korean studies conducted before COVID-19 pandemic, were detected in this study. METH exhibited the highest consumption rates, decreasing from 16.6 to 12.4 mg/day/1000 people between 2020 and 2022, while MDMA increased over the three years (mean: 1.16, 1.24, and 1.62 mg/day/1000 people in 2020, 2021, and 2022, respectively) (p < 0.05). Significant correlations were identified between regional income levels and the consumption rates of METH (p < 0.01), MDMA (p < 0.01), and KET (p < 0.05). Furthermore, METH and MDMA consumption rates in cities were positively correlated with the number of drug offenders arrested and local clubs in those cities. The findings of this study provide valuable insights into shaping regulatory policies related to illicit drugs and future studies.

호주의 불법 마약 관련 법과 통제정책:한국과의 간략한 비교

This paper provides a comprehensive overview of Australian drug laws, highlighting the evolution of laws from the late 19th century to the present, and comparing them with South Korean drug policies. It begins by exploring the historical context of Australian drug laws, highlighting the shift from minimal intervention in the late 19th century, characterized by the widespread use of drugs like opium and morphine, to more stringent drug control policies in the early 20th century. This change was influenced by international developments and domestic concerns, notably racial prejudices and the rise of international drug conventions. The paper then delves into the legal frameworks governing drug offences in Australia, explaining the interplay of federal and state laws. It outlines the specific provisions and penalties, with an emphasis on the Criminal Code Act 1995(Cth) and the definitions of serious drugs. A detailed examination of drug offences under Federal law is provided, including distribution, production, import-export and possession offences, along with their respective penalties. Furthermore, the paper discusses the enforcement and prosecution of drug laws in Australia, detailing the roles of law enforcement agencies, the prosecution process, and the judiciary's role in interpreting and applying these laws. It also highlights the shift in Australian drug policy towards harm reduction and public health approaches. This section includes case studies of harm reduction initiatives in Australia. A notable aspect of the paper is the comparison between Australian and South Korean drug laws, elucidating their similarities and differences. While both countries adopt a strict stance on illicit drugs and have similar drug classification systems, they differ in their approach to personal use and possession, harm reduction focus, legal status of cannabis, and cultural perceptions of drug use. The paper concludes by emphasizing the complexity of drug legislation and policy in Australia, shaped by international conventions and domestic priorities. It notes that Australian drug laws strike a balance between prohibition, control, and public health, providing valuable insights for international audiences. The paper also recognizes the dynamic nature of Australian drug law, suggesting that its evolution could significantly influence global drug policy, especially with emerging challenges like synthetic drugs and online drug trafficking.

의료용 마약류 오남용에 대한 대응 방안

The social problems caused by the misuse of medical drugs are increasing. Therefore, countermeasures to reduce the misuse of medical drugs are needed. First, as a way to control the supply of medical drugs, it is necessary to increase the number of medical drug monitoring personnel, link the NIMS with the drug safety service system, revise the Act so that it can be reported immediately after the prescription of the drug for medical use, establish a legal basis for reporting the plan to dispose of medical drugs to the authorities when medical institutions and pharmacies are closed, establish a legal basis for a total ban on business if the reporting of drug handling details is violated, improve medical drug return regulations under the Narcotics Control Act, establish objective standards for re-issuance of medical licenses, strengthen medical drug education for doctors and pharmacists, restrict medical drug prescription qualifications, improve the system to handle medical drugs only at high-level hospitals, and introduce a system to require identification through the introduction of a fingerprint search system when prescribing medical drugs. Second, as a way to curb the demand for misuse of medical drugs, the following are required: The establishment of an infrastructure for collecting and disposing of medical drugs at home, establishing an investigative organization specializing in medical drugs, strengthening the iInternet monitoring system, education and promotion of the harmfulness of medical drugs, introducing compulsory treatment and education order systems, introducing a drug treatment and testing system, and integrating medical drug offenders for treatment purposes.

CRIMINAL LIABILITY FOR DRUG USE AND DRUG INTOXICATION

The article is dedicated to the study of criminally punishable actions related to narcotics and psychotropic substances (manufacturing, acquisition, possession, transportation, dispatch, etc.), which are committed without the intent to sell and defined in Part 1 of Article 309 of the Criminal Code of Ukraine as forms of the objective side. The authors drew attention to practical situations where a person attempts to ingest (swallow) a purchased narcotic or psychotropic substance in order to evade criminal liability under Part 1 of Article 309 of the Criminal Code. When ingesting such a narcotic substance in non-public places, there is no criminal liability under Ukrainian legislation; only the presence of a public place allows for the qualification of the person’s actions under Article 316 of the Criminal Code. Also, there is no criminal liability when a person is in a public or non-public place in a state of “narcotic intoxication.” In the authors’ opinion, these are shortcomings of the criminal legislation that require correction by supplementing the objective side of Part 1 of Article 309 with new forms related to “drug use” (in any location, not just public) and “being under the influence of narcotics”. Based on the research findings, the authors proposed to present the objective side of Part 1 of Article 309 of the Criminal Code of Ukraine in the following wording: “Illegal production, manufacturing, acquisition, possession, transportation, dispatch, or use of narcotic drugs, psychotropic substances, or their analogues without the intent to sell, as well as being under the influence of narcotics, are punishable by...”. The authors’ proposed amendment to Part 1 of Article 309 of the Criminal Code should function as a general criminal law norm regulating drug use in any location, while the existing Article 316, “Illegal Public Drug Use,” should remain a specific provision applied to cases of drug use in public places. In the authors’ opinion, expanding the content of the objective side in Part 1 of Article 309 by including additional forms will help ensure effective counteraction to drug-related behavior and will have a significant preventive impact on potential drug offenders.

Association between socioeconomic and motherhood characteristics with receiving community-based treatment services among justice-involved young female drug users: a retrospective cohort study in Taiwan

BackgroundDrug-involved individuals who contact treatment services in Taiwan are mostly driven by criminal justice systems either as an alternative or adjunct to criminal sanctions for a drug offence. With a focus on justice-involved young female drug users, the present study examines the extent to which socioeconomic and motherhood characteristics are associated with receiving deferred prosecution, a scheme diverting drug offenders to community-based addiction treatment.MethodsWe identified a cohort of 5869 women under the age of 30 arrested for using Schedule II drugs (primarily amphetamine-like stimulants) from the 2011–2017 National Police Criminal Records in Taiwan. Information concerning socioeconomic characteristics, pregnancy and live birth history, and deferred prosecution was obtained through linkage with the 2006–2019 National Health Insurance, birth registration, and deferred prosecution datasets. Multinomial logistic regression was used to evaluate the association with stratification by recidivism status.ResultsWithin six months of arrest, 21% of first-time offenders (n = 2645) received deferred prosecution and 23% received correction-based rehabilitation; the corresponding estimates for recidivists (n = 3224) were 6% and 15%, respectively. Among first-time offenders, low/unstable income was associated with lower odds of deferred prosecution (adjusted odds ratio [aOR] = 0.71; 95% CI: 0.58, 0.88). For recidivists, those with low/unstable income (aOR = 1.58) or unemployment (aOR = 1.58) had higher odds of correction-based rehabilitation; being pregnant at arrest was linked with reduced odds of deferred prosecution (aOR = 0.31, 95% CI: 0.13, 0.71) and correction-based rehabilitation (aOR = 0.50, 95% CI: 0.32, 0.77).ConclusionsFor the young women arrested for drug offences, disadvantaged socioeconomic conditions were generally unfavored by the diversion to treatment in the community. Childbearing upon arrest may lower not only the odds of receiving medical treatment but also correctional intervention. The criminal prosecution policy and process should be informed by female drug offenders’ need for treatment and recovery.

Disparity of Sentence Determination by Judges Regarding Decisions Below the Minimum in Narcotics Crimes

This research aims to explain differences in judges' decisions regarding the imposition of sentences below the minimum in narcotics offense cases. The main focus of this research is the judge's thoughts when adjudicating narcotics cases which causes inequality in sentencing and determining appropriate sentencing criteria that the judge can take into consideration so that there is no inequality in punishment in the future. Inequality in sentencing has the meaning of giving different sentences to convicts in cases that are similar or almost similar in terms of the level of crime, whether they are carried out simultaneously or not, without justifiable reasons. This research aims to identify and analyze the basic considerations of judges in determining sentences against drug offenders, as well as identifying the factors that influence judges' decisions against perpetrators, especially those who violate Article 112 and Article 114 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics. The data used in this research is secondary data in the form of judge's decisions. The analytical approach used is the case approach and criminal law concepts. The research results show that the judge considered the evidence presented in accordance with the procedures regulated in the Criminal Procedure Code in deciding the case. Factors that influence the judge's decision include legal aspects, characteristics of the perpetrator, and subjective factors of the judge concerned.

- The Death Penalty in the Context of Human Rights (A Study of Supreme Court Decision Number 3083 K/PID.SUS/2022

Every human being has Human Rights (HAM) as a creature of God whose existence and dignity must be supported and respected. When faced with human rights, the death penalty in Indonesia in narcotics crime cases always raises pros and cons. The formulation of the problem of this article is whether the imposition of the death penalty against narcotics offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 is in accordance with human rights principles. The method used is normative juridical by analyzing laws and regulations in relation to applicable norms and data collection using the literature method. The result is that the judex facti's decision is not contrary to the law, so the defendant's cassation is rejected, because the actions of the perpetrator will greatly disturb the community and disturb the next generation if children and adolescents fall into the use of narcotics. The conclusion is shows that the death penalty for drug offenders in Supreme Court Decision Number 3083 K/Pid.Sus/2022 in Indonesia is contrary to the right to life stipulated in Article 6 of the 1966 International Covenant on Civil and Political Rights, but is in accordance with Indonesian positive law, namely Law No. 35 of 2009 concerning Narcotics.

Predictive validity of the URICA-DO : Kore an Ve rsion of the Stage s of R e cove ry Scale for Drug Offenders

Predictive validity of the URICA-DO : Kore an Ve rsion of the Stage s of R e cove ry Scale for Drug Offenders

Emerging Victims in Contemporary Drugs Policing

Abstract Recent shifts in UK policy have seen certain populations, who were predominantly viewed as offenders due to their involvement in drug offences, increasingly recognized as victims of exploitation. Drawing on qualitative data from three studies, this article interrogates how this trend is playing out within contemporary drugs policing, focussing on officers’ responses to people affected by: drug addiction, child criminal exploitation and ‘cuckooing’. It examines the tensions that arise as these three categories of emergent drug victims conflict with officers’ normative expectations of victimhood, perceptions of their role as police and existing operational strategies. It also reveals officers’ attempts to (re)gain ontological security by policing the boundaries of victimhood and re-focussing on new categories of offender.

Reorientasi Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika

This study aims to review the legal aspects or legal reorientation towards children who are determined as perpetrators of narcotics crimes in Indonesia. This research is very important to be carried out conceptually to be able to provide measurable firm sanctions in accordance with the provisions of the Law on Narcotics and the Law on the Juvenile Criminal Justice System. This research is a normative juridical research using primary legal materials and secondary legal materials. The results of the study found that re-orientation of the legal aspects of children as perpetrators of narcotics crimes is very important to do because there is ambiguity related to the process of punishing children as drug offenders. First, the use of the Law on Narcotics as a basic object is still borne by the perpetrator in accordance with the stipulated articles, evidence that results in criminal sanctions according to the provisions. Second, for minors, the defense is still carried out in accordance with the Law on the Juvenile Criminal Justice System, where there is a reduction in sanctions that take into account the mental and physical condition of the child. When the verdict has been determined, the offender must be placed in a special correctional institution for children and given the right to medical rehabilitation and social rehabilitation because they consider the child's future. Third, the rehabilitation aspect can be prioritized as is the case when children are only designated as victims, or there is no evidence against them as the main perpetrators of Narcotics.

International Narcotics Crime Status and Countermeasures: Focusing on Thailand and new drugs

creasing every year. According to the Supreme Prosecutors' Office, the number of drug offenders exceeded 10,000 in 2015 and increased to 18,395 in 2022. In particular, the number of teenagers using drugs nearly tripled from 119 in 2017 to 481 in 2022. In addition, with the revitalization of international exchange and the Internet, illegal distribution of drugs on the dark web and other Internet drugs has increased. New supply methods such as illegal distribution of medical narcotics have emerged, and drugs developed as analogues or inducers that avoid existing sanctions are being distributed as new types of narcotics, making it difficult to solve the problem. The country that has the greatest influence on drug crimes in Korea is Thailand. As of 2022, among foreign drug offenders, Thais accounted for the largest number at 779, and the largest number were smuggling offenders at 301. Meanwhile, the harmfulness of drugs causes various social problems such as crimes due to arousal, tolerance, and withdrawal symptoms. In particular, the number of drug offenders under the age of 29 is increasing, raising concerns about the future of the country. Drug crime measures to be taken together with Thailand include establishing measures by drug type, establishing and implementing an early response system for new drugs such as a temporary drug designation system, and operating a cooperation system to investigate and arrest drug crime distribution networks.