| Abstract [eng] |
The Master's thesis deals with the topic of criminal liability for the unlawful disposal of narcotic drugs and psychotropic substances with the intent to distribute in accordance with Article 260 of the Criminal Code of the Republic of Lithuania. The study analyses international and national legislation, case law and scientific sources in order to clarify the main problematic aspects of this topic. The focus is on the application of the law in relation to the determination of the quantity of narcotic drugs and psychotropic substances, the purpose of distribution and the differentiation of criminal liability. The thesis deals with the problems that arise in relation to the determination of the net quantity and its relevance to the qualification of the offence committed. It analyses how the concept of distribution is defined in legislation, case-law and doctrine, as well as the criteria used to differentiate criminal liability. The case law examines what constitutes distribution in a given case and what legal arguments are taken into account. The problem of the distribution of narcotic drugs and psychotropic substances to minors is examined in the light of the development of social life on the Internet and the negative aspects it entails. The increase in the use of social applications and online trading is assessed in terms of the impact on a socially vulnerable group and how this situation is viewed by the courts. In the light of the debate in society and politics, the issue of decriminalisation is additionally examined, comparing Lithuanian legislation with the practices of foreign countries. Two completely different foreign approaches are presented for comparison: the strict criminal policy in Sweden and the decriminalisation model in Portugal. The analysis highlights the advantages and disadvantages of these options and discusses what changes could be made to the Lithuanian legal system in this regard. |
