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SUBSIDIARY MEASURES IN FRENCH CRIMINAL LAW IN THE FIGHT AGAINST DRUGS

NCJ Number
38024
Journal
Revue de droit penal et de criminologie Issue: 9 Dated: (JUNE 1976) Pages: 947-957
Author(s)
J SACOTTE
Date Published
1976
Length
11 pages
Annotation
BRIEF REVIEW OF TRENDS IN EUROPE IN SUPPLEMENTING THE PROVISIONS OF CRIMINAL CODES REGARDING DRUG OFFENSES TO PROVIDE A WIDER RANGE OF SENTENCING AND CRIMINAL JUSTICE POLICY ALTERNATIVES.
Abstract
BASIC CRIMINAL CODE PROVISIONS ARE BASED ON THE SITUATION PRIOR TO THE 1960'S WHEN THE NUMBER OF DRUG OFFENDERS WAS SMALL. SUPPLEMENTARY LAWS IN RESPONSE TO THE GREAT INCREASE IN DRUG CONSUMPTION HAVE CONTINUED A POLICY OF REPRESSION RATHER THAN DECRIMINALIZATION OR TREATMENT. HOWEVER, THE SANCTIONS PROVIDED FOR BY THESE LAWS DO CONSIST OF ALTERNATIVES TO THE TRADITIONAL FINES AND IMPRISONMENT AND REPRESENT A MORE FLEXIBLE AND INDIVIDUALIZED RESPONSE TO DRUG OFFENSES. THE MOST COMMON MEASURES PROVIDED FOR BY THESE LAWS ARE CONFISCATION OF PROPERTY AND DEPRIVATION OF CERTAIN RIGHTS, SUCH AS THE RIGHTS TO TRAVEL, DRIVE, CARRY A PASSPORT, OR PRACTICE CERTAIN PROFESSIONS (PRIMARILY MEDICAL). THE STRUCTURE OF SUCH LAWS ARE SIMILAR AMONG COUNTRIES WITH THE SAME LEGAL OR CULTURAL TRADITIONS. --IN FRENCH

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