Lesson # 3: Legal Considerations

Now that participants have been provided with an overview of the training seminar and have been introduced to the most commonly used and abused drugs, it is important to present the legal foundation for the training. This lesson will look at legal considerations in relation to definitions of criminal and minor offences and criminal proceedings related to those offences.

“The issue of narcotics offences is one issue in which the police, some local and international prosecutors and judges in Kosovo have not reached agreement. A common understanding about these crimes is essential for successful investigation and prosecution of these crimes. Once a common understanding is in place, a unified approach to these cases can be developed. What follows is an explanation of the types of narcotics offences specified in the law and the arguments for their application.” (Lincoln S. Jalelian, Kosovo Judicial Institute, Applicable Narcotics Law in Kosovo, 2002)

The goal of this lesson is to provide the students with the knowledge of applicable criminal laws to combat narcotics crimes and minor offences in Kosovo, and give them common information about the accurate criminal proceedings related to those offences.

At the conclusion of this lesson, students will be able to:

1. Define the terms "Pharmaceutical Products, Narcotic Drugs, Psychotropic Substances"
2. Describe the term “ Irresponsible Preparation and Dispensing of Drugs under article 222.
3. Describe the term “ Unauthorised Purchase , Possession , Distribution and Sale of Dangerous Narcotic Drugs and Psychotropic Substances under article 229.
4. Describe the term “ Unauthorised Production and Processing of Dangerous Narcotic Drugs and Psychotropic Substances under aricle 230.
5. Describe the term “ Facilitating Acquisition or Use of Dangerous Narcotic Drugs , Psychotropic Substances or Analogues under article 231
6. Explain the minor offence of possession of narcotic drugs for personal use
7. Define the term "Controlled delivery" and explain the legal basis
8. Become familiar with the national legislation related to illicit drugs within the EU
9. Become familiar with the discussion about the Legal status of Cannabis
10. List at least six (6) allowable covert measures and become familiar with the preconditions for ordering the measures in public and private places due to UNMIK Reg. 2002/06