Authors: José Queiroz Maria Anjos Diana Castro - PDF

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Authors: José Queiroz Maria Anjos Diana Castro 1999: Na'onal Strategy of War on Drugs Establishment of an HR policy related to drug use and decriminaliza9on. The Aim Promote health in general at clinical

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Authors: José Queiroz Maria Anjos Diana Castro 1999: Na'onal Strategy of War on Drugs Establishment of an HR policy related to drug use and decriminaliza9on. The Aim Promote health in general at clinical and sanitary level Preven9on and reduc9on of drug abuse is the first aim of this law 2000: Law 30/2000 Defines the legal framework applicable to the consump9on of narco9cs and psychotropic substances, together with the medical and social welfare of the consumers of such substances without medical prescrip9on Decriminaliza9on of drug use Trafficking remains criminalized The illicit substances remain illegal Use, purchase, transporta9on and possession for use, Is not a crime but constitutes an administrative offence Legislative Evolution: From Justice to Health The drug user is seen as a sick person The drug user must be responsible for a behaviour that is still considered an offence in Portugal This regime doesn t promote the impunity of the consumers Quick intervention among drug users 2001: Dec.- Lei 183 It is made a Legal report, sent to the CDT - the consumer must aiend in 72 hours The case is analysed and a sentence is given (suspensions: suspension, suspension with voluntary treatment and sanc9on: prohibi9on from aiending certain places, community work, fines...) Dis9nc9on between offense and crime: the amount of illegal substance (the Law establishes the reference of quan99es) What it is? It is a collegial body similar to an administrative court (applying administrative measures through processes of contravention - behavior of normative censorship) Politically appointed (Chairman and two members). Opens the process and guides it to the technical team. The Commission is composed by Chairman and two members Appointed by the Minister of Justice and the Minister of Health The procedure to iden'fy and referring persons to the Commissions Police Authority 1. The person is found in a public place, in drugs possession / use 2. The police reports the occurrence 3. The person is brought to the Commission in 72 hours 1. Opening of the process 2. 1 st Occurrence Assessment (based on the substances table) 1. Psychological and social evalua9on (qualita9ve interviews) 2. Assessment of consump9on profile 3. Preven9ve interven9on adapted to the individual profile 4. Reference to specialized services 5. Decision 1. Penal9es Execu9on Non- penalty Measures: Provisional suspension of the process (until 36 months) with acceptance of treatment Provisional suspension of the process (until 36 months) for those who don t need treatment Penalty Measures: For drug addicted interrupting treatment sanctioning plan to motivation for treatment (motivational program) For recidivist not addicted drug users payment of a fine Consump'on profiles categories: Low risk Moderate risk Severe risk Dependence Assessment Indicators: physical health mental health (continuum) social integration This intervention is supported on ASSIST Program - WHO Obstacles and Limits of the Commissions Design: Police and Table (remains the tendency for the culture of authority that reproduces the stigmatisation) Ambivalence of decriminalization (the boundary that separates the crime and the not crime) During the process of reference, sometimes the drug users are handcuffed and detained at the police station Year Drug Offences (police iden'fica'on) Opened Processes Decisions Types of Decisions Nr Total: 2006 Total: 2007 Total: 2008 Total: 2009 Total: 2010 Total: 2011 Total: Provisional suspension not addicted users 1892 Provisional suspension with treatment 683 Puni9ve 476 AcquiIal Provisional suspension not addicted users 1778 Provisional suspension with treatment 597 Puni9ve 516 AcquiIal Provisional suspension not addicted users 2010 Provisional suspension with treatment 623 Puni9ve 571 AcquiIal Provisional suspension not addicted users 2880 Provisional suspension with treatment 829 Puni9ve 670 AcquiIal Provisional suspension not addicted users 3719 Provisional suspension with treatment 825 Puni9ve 768 AcquiIal Provisional suspension not addicted users 2765 Provisional suspension with treatment 875 Puni9ve 634 AcquiIal Provisional suspension not addicted users 3259 Provisional suspension with treatment 745 Puni9ve 740 AcquiIal 217 Maria Purificação Anjos José Queiroz
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