When is prison time stopped in drug possession cases?

When is prison time stopped in drug possession cases?

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

Yes, the law for combating narcotic drugs and psychotropic substances has provided legal paths that give the court and investigating authorities flexibility in dealing with cases of drug possession and use for the first time, through two main paths:

The first path: falling below the minimum penalty and suspending execution

 According to Article 60 of the system, the court may waive the minimum prison sentence stipulated in several articles, including Article (Forty-One) relating to personal use and abuse. This descent shall be for valid reasons assessed by the court, such as the convict’s morals, past, age, personal circumstances, the circumstances in which the crime was committed, or other reasons that give rise to the belief that the accused will not return to violating the provisions of the system. The same Article (Sixty) also explicitly stipulates that the court shall suspend the implementation of the prison sentence imposed in accordance with Article (Forty-Eight) of this system for the same reasons, provided that he has not previously been sentenced and has returned to the same violation. If the period of suspension of the execution of the sentence (three years) expires without the convict returning to commit one of the crimes covered by the system, the suspended sentence shall be deemed as if it did not exist and all its effects shall expire.

When is prison time stopped in drug possession cases?

Track 2: Preserving the investigation (before trial)

 Article 42 of the system stipulates that investigations into cases of drug or psychotropic substance use may be closed for the first time if the following four conditions are met together:

1. The accused must not be more than twenty years old.
2. The crime of use or abuse must not be accompanied by a criminal offense that requires legal consideration.
3. The crime of use or abuse must not be associated with a traffic accident that resulted in deaths and imposed special rights on him.
4. The accused must not have put up any strong resistance when he was arrested that would cause harm to the arresting authority or others.

Thus, the organizer took into account the circumstances of the individuals the first time, either by dismissing the case early for those who met the conditions, or by giving the judge the power to reduce the sentence and stop its implementation whenever there were justifications for doing so.

When is prison time stopped in drug possession cases?

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References

• Article 60 of the Anti-Narcotics and Psychotropic Substances Law
• Article 60 of the Anti-Narcotics and Psychotropic Substances Law