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We opted for the decriminalization of the public consumption of the durgs because we

think in the way it is provided by our Criminal Code is not applicable, thing which is also

proved by the fact that there are no practical cases in which art 217^5 is applied.
We consider that there are other articles that can ensure the public order, and thus there is
no value that should be protected thorugh this particular article. Of course, one would
say that drug consumption should be prohibited because it could cause public disorder
and because it could affect the social well being, but how could it affect the society when
the consuumption is personal, it does not reffer to other people. Moreover, as a material
object for this crime, there appear different types of drugs, it could be in the form of pills,
for chewing, cigaretts, so why do you think it could disturb the public order? When in a
common situation, in public places you could also see people chewing gums, smoking

cigarettes, or taking a pill that cures a cold


Of course when we say that we do not refer to the drug injection, this type of

consumption is prohibitted in all countries


We think that by the simple consumption of drugs there is not affected any value
Of course, one would say that in some cases it could encroach to some social values. We
know that the use of drugs today is prohibitted in schools and near this territory, this is
done to protect children. We all agree on the necessity of protecting them, however there
is another norm that has this destination, the one from art 209 that provides the crime
of .attracton of minors for drug consumption. We think this norm ensures the necessary

protection, it is not needen to protect thorugh another norm.


If we are going to refer to other situations, one may say that some persons could become
aggressive as an effect of consuming drugs, ok, the same situation is applied for alcohol
consumption, we do not punish all that consume alcohol, but if they in such a state
commit another crime provided by the code, they will be punished. Thus, if a person by
consuming drugs affects the social order, he can be held liable for hooliganism, also
provided by Criminal Code of RM, if he attacks someone he will be held liable according

to crimes that protect life and health.


We do not see the necessity to punsih those who act peacefully.
Thus, there is no need to punish something that does not encpraches social values.

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