Main headings in chapters 2-7
The national reports in chapters 2-7 cover a Specification for the study. The main points are:
(a) Legal measures in force — described, drug clarifications systems.
(b) Intensity of measures — described, and scores given, see footnote.'
(c) Judicial/administrative procedures followed — described and coded.2
(d) Passage of the law — political and legal processes.
(e) International/EU compliance — author's comments.
This information was asked for in relation to drug use, possession, supply and other issues. For drug use: measures on drug use per se; use in a group, gifts/exchanges of drugs; aggravated circumstances (including public use); incitement to use drugs etc; other legal measures on drug use (not possession); policing in relation to drug users OR drug possession (for personal use).
For possession: measures on drug possession not considered supply; means of achieving self-supply for personal use, if considered separately from supply; facilitating/allowing possession by others, e.g. in relation to premises; incitement to possess (if applicable) and conspiracy to possess; any other measures.
For supply (including possession related to supply): measures on supply per se; other criminal offences which may be applied to drug supply; policing in relation to supply; legal basis of police powers. Other measures included EU law and other European and international laws applicable.
See chapters 2-7 for application.
1 Scores' given to national measures in terms of:
- 'European Intensity Measure' [EIM] comparative codes: EIM.i = for warnings, 'moving on' in the street, petty forfeiture etc; EIM.ii = administrative procedures that may result in a curtailment of civil rights, but stop short of being a 'sanction' in ECHR Article 6 terms; EIM.iii = 'sanctions' in ECHR terms, regardless of national status (civil, administrative or penal), eg 'deterrent and punitive'; EIM.iv = any higher level of punishment distinguished in national law (beyond mere sanction), in response to 'guilt'. See national chapters for applications.
— Also, for prison sentences, in terms of 'National Intensity Measure' [NIM] codes. NIM = maximum drug sentence as a percentage of the longest sentence for any criminal offence, where Life = 30 years. Example: 15 year max sentence for drugs in a country that gives Life for terrorism: NIM = 50%.
2 PF codes:- PF.i = the lowest level, for measures without an independent hearing; PF.ii = next level up, ECHR 6.1, including the right to an independent hearing; PF.iii = up again, ECHR 6.2 and 6.3 (as in a criminal procedure); PF.iv - any higher level of procedural protection if applicable.