In drug-related prosecutions, the State bears the burden not only of proving the elements of the offenses of sale and possession of shabu under Republic Act No. 9165, but also of proving the corpus delicti, the body of the crime. “Corpus delicti has been defined as the body or substance of the crime and, In its primary sense, refers to the fact that a crime has been actually committed. As applied to a particular offense, It means the actual commission by someone of the particular crime charged.
The corpus delictiis a compound fact made up of two (2) things, viz: the existence of a ertain act or result forming the basis of the criminal charge, and the existence of a criminal agency as the cause of this act or result. ” The dangerous drug is Itself the very corpus delict’ of the violation of the law prohibiting the possession of the dangerous drug. Consequently, the State does not comply with the Indispensable requirement of proving corpus delicti when the drug is missing, and when substantial gaps occur in the chain of custody of the seized drugs as to raise doubts on the authenticity of the evidence presented in court.
Topic 2 The drug policy of Portugal was put In place In 2000. and was legally effective from July 2001 The new law maintained the status of illegality for using or possessing any drug for personal use without authorization. However, the offense was changed from a criminal one, with prison a possible punishment, to an administrative one if the amount possessed was no more than ten days’ supply of that substance. In 1 999, Portugal had the highest rate of HIV amongst injecting drug users in the European Union. The number of newly diagnosed HIV cases among drug users has decreased o 13. ases per million In 2009 but that Is still high above the European average, at 2. 85 cases per million.
There were 2000 new cases a year, in a country of 10 million people. 45% of HI reported AIDS cases recorded In 1997 originated among IV drug users, so targeting drug use was seen as an effective avenue of HIV prevention. The number of heroin users was estimated to be between 50,000 and 100,000 at the end of the 1990s.  This led to the adoption of The National Strategy for the Fight Against Drugs In 1999.
A vast expansion of harm reduction efforts. bling the investment of public funds in drug treatment and drug prevention services, and changing the legal framework dealing with minor drug offences were the maln elements of the policy thrust. Similarities Evidence from Switzerland suggests that prescribing heroin can reduce crime and increase levels of employment among addicts. While still illegal in the UK, cannabis was downgraded to a category C drug in January 2004. Would drug legalisation really reduce crime overall, and would It make drug use any safer?
Based on rigorous esearch and interviews with experts, the programme hears the arguments for leaving the most dangerous drug of all – crack cocaine ” Illegal, and examines how a legal and regulated system of drugs would work. It is 2015. In the film, an ex-drugs policeman investigates two girls’ deaths. The government, persuaded by the vast economic cost of prohibition, has decided to legalise drugs. The I-JK, along with a coalition of progressive countries from Europe, Canada and Australia. has opted out 1 and production to supply, has been legalised.
The drama opens with the collapse and subsequent deaths of two girls in a club which is licensed to sell drugs. In the scenario, most drugs are readily available, with government health warnings and lists of ingredients, from various outlets. Drugs of addiction, like heroin, are free but only available on prescription from Swiss-styled heroin clinics. Cocaine is still illegal. The whole trade is regulated by a new agency, called Ofdrug. The film follows the investigation into the two girls’ deaths by an Ofdrug agent who works closely with an x-drugs policeman.
Experts such as former chief constable Francis Wilkinson argued the case for pro-legalisation, while David Raynes of the National Drug Prevention Alliance was one of the voices arguing against. Differences A drug policy most often refers to a government’s attempt to combat the negative effects of drug addiction and misuse in its society Governments try to combat drug addiction with policies which address both the demand and supply of drugs, as well as policies which can mitigate the harms of drug abuse.
Demand reduction measures nclude prohibition, fines for drug offenses, incarceration for persons convicted for drug offenses, treatment (such as voluntary rehabilitation or coercive care for drug abusers), awareness campaigns, community social services, and support for families. Supply side reduction involves measures such as enacting foreign policy aimed at eradicating the international cultivation of plants used to make drugs and interception of drug trafficking. Policies which may help mitigate the effects of drug abuse include needle exchange and drug substitution programs, as well as free acilities for testing a drug’s purity.