Η Ελλάδα κωφεύει

Μπορείτε να βρείτε την ελληνική μετάφραση του κειμένου εδώ.

Ακολουθεί περίληψη του κειμένου της απόφασης-πλαίσιου του Συμβουλίου της Ευρώπης 2004/757/JAI , η οποία θα έπρεπε να ισχύει και στην χώρα μας από τον Μάιο του 2006. Η Ελλάδα ωστόσο κωφεύει και αρνούμενη να τηρήσει τα ελάχιστα και ανώτατα όρια των ποινών συνεχίζει να εξοντώνει τους πολίτες της ακολουθώντας πολιτικές μηδενικής ανοχής.

Πηγές:
http://europa.eu/scadplus/leg/en/lvb/l14153.htm

http://eur-lex.europa.eu/Notice.do?mode=dbl&lng1=el,en&lang=&lng2=en,&val=391188:cs&page=&hwords=null

The purpose of this Framework Decision is to combat drug trafficking so as to limit the supply and consumption of drugs. It lays down minimum rules to be observed by the Member States. The text begins with a list of punishable acts relating to drug trafficking. It obliges Member States to take measures against natural persons involved in such trafficking. Finally, it lays down minimum penalties.

ACT

Council Framework Decision 2004/757/JAI of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking.

SUMMARY

This Framework Decision lays down minimum provisions on criminal acts and the penalties applicable to drug trafficking. To comply with it, the Member States must adopt measures by 12 May 2006.

Offences

The Framework Decision stipulates that each Member State must take the necessary measures to sanction all intentional behaviour relating to the trafficking of drugs and precursors.

The document states that "drugs" means any substances covered by the 1961 UN Convention on Narcotic Drugs or the 1971 UN Convention on Psychotropic Substances or substances subject to controls under Joint Action 97/396/JHA. Precursors are substances used to produce legal products such as medicines, but which can also be used to produce illicit drugs. They are classified in Community law on the basis of Article 12 of the 1988 United Nations Convention.

Acts linked to drug trafficking include production, manufacture, extraction, sale, transport, importation and exportation. Possession and purchase with a view to engaging in activities linked with drug trafficking are also taken into account, as are the manufacture, transport and distribution of precursors. Incitement to drug trafficking, aiding and abetting such activity and attempting to traffic in drugs are regarded as offences.

This Framework Decision does not, however, cover activities carried out with a view to personal consumption.

Liability of legal persons

This Framework Decision specifies that the Member States must take measures to ensure that legal persons can be held to account for offences linked with trafficking in drugs and precursors, as well as for aiding and abetting, inciting or attempting such activity.

The concept of legal persons as used here does not include states and public bodies in the exercise of their powers or public international organisations.

An organisation is liable if the offence is committed by an individual who has a leading position within that organisation. It is also held responsible for shortcomings in supervision or control.

But the Decision states that the liability of legal persons does not exclude criminal proceedings against natural persons.

Sanctions

The Framework Decision requires the Member States to take the necessary measures to ensure that offences are subject to effective, proportionate and dissuasive penalties.

It emphasizes that, where an offence has been committed in whole or in part within a Member State's territory, that Member State must take measures if the offender is one of its nationals or if the offence was committed for the benefit of a legal person established within its territory.

The maximum penalties for minor offences must be at least between one and three years' imprisonment. The Member States must also take the necessary measures to confiscate substances used to commit offences.

Maximum penalties must be at least between 5 and 10 years of deprivation of liberty in cases where:

• the offence involves large quantities of drugs;
• it involves those drugs that are most harmful to health;
• it is committed within the framework of a criminal organisation.

However, penalties may be reduced if the offender renounces his illegal activities and provides information to the administrative or legal authorities which helps to identify other offenders.

Sanctions for legal persons must include fines for criminal or non-criminal offences. Other sanctions may also be imposed, including placing the establishment under judicial supervision or closing it temporarily or permanently.

Background

This Framework Decision follows up the conclusions of the 1999 Tampere European Council, which called on the Member States to adopt additional legal provisions to combat trafficking in narcotic drugs and psychotropic substances. The EU's anti-drugs plan (2000-2004) also called explicitly on the Commission to propose measures to introduce minimum provisions on the constituent elements of criminal acts and penalties on drug trafficking.

REFERENCES

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Framework decision 2004/757/JHA [adoption: consultation CNS/2001/0114 ]	12.11.2004	12.05.2006	OJ L 335 of 11.11.04

RELATED ACTS

Commission Communication of 26 May 1999 to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions concerning a European Union action plan on the fight against drugs (2000-2004) [COM(1999) 239 final - Not published in the Official Journal]

Last updated: 28.02.2005

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