Crimes Against Public Health
June 28th, 2010 | 
Author: 
This work is the basic knowledge needed for overall treatment that the jurisprudence of TS has recently given the drug trafficking offenses. It underlines the importance of issues currently under discussion by the doctrine and the criminal organization, wiretaps and expert analysis. It also analyzes the existing case law on two procedural issues that are frequently applied in the courts, in judging a crime against public health, such as wiretapping and expert analysis, and in many cases, not complied the minimum procedural guarantees, resulting in the acquittal for the defendants, for infringement of the guarantees that are required in each case.
Summary:
I. Approach II. Basic type. Article 368 of the CP 1. Objective factors a) Conduct typical. Is contained in Article 368 of the Penal Code b) legally protected c) material object d) atypical behaviors
2. Subjective elements), failure of prohibition and error type b) Intent to distribution of illicit substance possessed III. Ownership and participation 1. Introduction 2. Authorship and complicity in March. The Organization as drug trafficking) Introduction b) Review of the scientific doctrine c) Review of the Court d) The criminal enterprise as an alternative to the concept of organization IV. An imperfect forms. Introduction 2. Tentative assumptions a) The parcels b) Plantations c) The landing of drug V. Aggravated 1 subtypes. Aggravated subtypes of article 369 of Criminal Code) Circumstance first: professional qualifications of the participant b) Circumstance second: membership organization c) third circumstance: participation in other activities d) fourth Circumstance: establishments open to the public e) fifth Circumstance: quality recipient’s personal f) sixth Circumstance: notorious importance g) seventh Circumstance: adulteration of substances h) eighth Circumstance: the place of commission of the offense i) ninth Circumstance: the use of violence or weapons j) tenth Circumstance: 2 drug smuggling. Subtypes of special aggravation of Article 370 of the Penal Code VI. The subtypes privileged partnerships and consumer-dealer VII. Procedural Aspects 1. Wiretapping 2. The analysis of the substance ANNEXES Instruction 7 / 2004 of 26 November on the citation for the act of the trial of the expert authors of reports on analysis of substances seized in cases of crimes against public health 1. THE PROBLEM 2. The analysis of the drug in the regular process for crimes
3. Specialties of drug testing in the summary procedure in April. Conclusions Agreement room full of second dated October 19, 2001 Bibliography