Drugs are a serious scourge for the entire world, so the Saudi regulator is keen to take note of all actions that support or promote drug abuse, and all possible drug-related crimes directly or indirectly.<\/p>\n
On the occasion of World Drug Control Day, we are dealing with some acts that some believe do not constitute a crime.<\/p>\n
First, the offence of frequenting a place prepared for abuse<\/p>\n
The act of frequenting, attending or accessing places prepared or prepared for the use of narcotic drugs and psychotropic substances<\/p>\n
Even if the person is not abusing, it’s just his presence being done by the crime.<\/p>\n
But the regulator required the frequency to be during the use, and in case of flagrante delicto<\/p>\n
The offence is not committed by the mother, father, children, brothers, wife or husband.<\/p>\n
However, provided that one of them is not a partner by agreement, assistance or incitement to crime.<\/p>\n
It is also required that a reluctant person be aware accessing places prepared prepared for abuse, and that his or her will tends towards hesitation.<\/p>\n
Sentence: The judge’s choice between the two penalties<\/p>\n
Article Forty:<\/strong><\/p>\n 1- Every person who commits the act stipulated in Paragraph (5) shall be punished with imprisonment for a period of no less than three years and not more than ten years, with flogging of no more than fifty lashes each time, and with a fine of no less than fifty thousand riyals. ) of Article (3) of this system. The court may impose a more severe penalty if there are compelling reasons for that in the case.<\/p>\n 2- Any company, institution or establishment, even if it is not legally licensed to carry out its activity, shall be punished with a fine of not less than three hundred thousand riyals – its manager or one of its employees has been convicted of committing the act stipulated in Paragraph (B) of Article (Third) if it is proven that the act has committed for her own good.<\/p>\n 3- If this act is punishable under this law and another law, then the most severe penalty shall be applied.<\/p>\n Article 41<\/p>\n “(ii) The offence of facilitating, humiliating or attempted abuse.<\/p>\n The facilitation is the empowerment of others, or the removal of obstacles to the abuse of narcotic drugs or psychotropic substances without legal justification.<\/p>\n Such as: the anti-drug officer’s failure to seize the accused.<\/p>\n But it must be noted; When someone watches and condones people who use narcotic substances by failing to inform the police, the offence of facilitating the use is not done.<\/p>\n Third: obtaining the substance or the psychotropic effect unintentionally using or promoting the substance.<\/p>\n There is a difference between possession and achievement that we will illustrate through the following example:<\/p>\n Possession: such as a person’s possession of the substance with his or her own property, that is, his or her ability to dispose of it.<\/p>\n Verification: such as a person’s possession of the narcotic substance with no ownership of it, and the owner’s control over it even in his possession.<\/p>\n Some believed that possession was a crime, but that it was not a crime, especially when not engaged.<\/p>\n It is true that the regulator considered possession and achievement in one place and stipulated the same penalty<\/p>\n These are:<\/p>\n 1\/Imprisonment for not less than 2 years and not more than 5 years<\/p>\n 2\/By skin with no more than fifty lashes<\/p>\n 3\/and a fine of not less than 3,000 riyals and not more than 30,000 riyals<\/p>\n The regulator did not make the judge discretionary in choosing between penalties, but a full sentence provision must be applied.<\/p>\n