荷兰和美国关于软毒品非刑事化的刑事政策

Seyed Reza Ehsanpour
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摘要

背景和目的:软性药物是指那些成瘾性很弱、疗效很好的药物。关于这类药物的挑战性问题是将其使用合法化。荷兰等一些国家的刑事政策赞同软性毒品非刑事化,而美国等许多国家的刑事策略则反对软性毒品。材料和方法:为了审查各方支持和反对软性药物非刑事化的原因和理由,考虑了荷兰和美国律师和科学研究的思想,并对犯罪寡头的思想进行了回顾。伦理考虑:考虑文献中的诚实以及引文分析和报道。调查结果:为了证明软性毒品刑事定罪的合理性,可以列举两类法律和健康原因以及理由。从法律上讲,毒品问题是一个与健康和治疗领域有关的问题,必须将这一领域的刑事法律干预视为最后的武器。此外,从理论上讲,惩罚软性毒品使用者是不必要的、无效的、没有好处的和不必要的。关于健康,有人指出,使用大麻等软性药物不仅不是生病的原因,而且它在治疗多发性硬化症、艾滋病、肝炎、慢性疼痛等不治之症方面也有有效作用。结论:软性毒品非刑事化在荷兰、美国等国家具有一定的理论和实践背景。大麻等软性药物的成瘾率不仅低于海洛因等硬性药物,而且还有一些治疗益处。从法律上讲,软性毒品的非刑事化植根于人权、刑罚学和犯罪学的正当性。引用:Ehsanpour SR。荷兰和美国关于软毒品非刑事化的刑事政策。《生物健康法J.2017》;1(2):13-22。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal Policy of Netherlands and U.S.A on Decriminalization of Soft Drugs
Background and Aim : Soft drugs are those drugs are very weak in terms of addiction and the effects are highly treatable. The challenging issue regarding this type of drugs is decriminalization of their use. Criminal policy of some countries such as the Netherlands agrees with the decriminalization and criminal policy of many others such as the United States of America is against it. Materials and Methods : In order to review the reasons and justifications of each of parties for and against soft drug decriminalization, ideas of lawyers and scientific studies in Netherland and the United States have been considered, and criminal poly makers’ ideas will be reviewed. Ethical Considerations : Honesty in the literature and citation analysis and reporting were considered. Findings : To justify soft drug criminalization, two classifications of legal and health reasons and justifications can be cited. Legally, it has been stated that drug issue is a problem related to health and treatment domain, and criminal legal intervention in this area must be considered just as the last weapon. In addition, Penologically, punishing soft drug users is unnecessary, ineffective, without favor and unnecessary. Regarding health, it has been stated that no only using some soft drugs such as cannabis is not the reason for being sick, but also it has an effective role in treating incurable diseases such as multiple sclerosis, AIDS, hepatitis, chronic pain and … . Conclusion : Decriminalization of soft drugs has a theoretical and practical background in countries such as the Netherlands and the United States. Soft drugs like cannabis not only have a lower degree of addictive rate rather than Hard drugs like heroin, but also it has some therapeutic benefits. Legally, decriminalization of soft drugs has root in human rights, penology and criminological justifications. Citation:  Ehsanpour SR. Criminal Policy of Netherlands and U.S.A on Decriminalization of Soft Drugs. Bioeth Health Law J. 2017; 1(2):13-22.
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