| Abstract [eng] |
The concept of illegal possession of narcotic drugs and psychotropic substances includes any actions by which a person, without a basis provided by law, acquires a real opportunity to control, use, transfer or otherwise treat such substances as his own property. This concept includes possession, acquisition, sending, transportation, production, processing, as well as taking possession of substances by theft, fraud, misappropriation or use of physical or mental force. Articles 259, 260 and 263 of the Criminal Code of the Republic of Lithuania regulate these criminal acts, establishing the legal object - public relations ensuring public health, public order and security, and the subject - material objects, i.e. narcotic drugs and psychotropic substances included in the lists approved by legal acts. Objective elements reveal the specific actions that constitute illegal possession, while subjective elements – guilt and purpose – allow us to determine whether the actions were deliberate and aimed at a specific result, for example, distribution. Guilt is usually manifested by direct intent, when a person is aware of the danger of his actions and consciously acts in a prohibited manner, and the purpose is aimed at committing a specific crime. Analyzing the legal systems of other countries, it is clear that the regulation of illegal possession varies according to the countries' approach to the danger of substances, the tolerance limits of each country, and the proportionality of penalties. |
