Sanction Practices in Drug Offences

• NCJ Number: 214442
• Author(s): Heini Kainulaninen
• Date Published: 2006
• Length: 156 pages
• Sale Source: National Research Institute of Legal Policy
• Publication Format: Book (Softbound)
• Publication Type: Report (Study/Research)
• Country: Finland
• Note: English summary.

Annotation

This study examined the sanction practices in Finland for drug offenses, particularly the effects of penal sanction reform for drug users on legal practices in drug-related offenses.

Abstract

Results indicated that Finnish drug control practices were focused on drug users and revealed a significant increase in drug offenses during the 1990s following the sanction reforms. Fining drug users remains the predominant drug offense sanction practice in Finland, with offenses involving the unlawful use of drugs almost always leading to a fine. Official statistics indicated a 7 percent increase in the use of fines for drug users between 2003 and 2004 and a decrease in the number of drug offenses in which sanctions have been waived. During 2001, penalties for drug offenses were reformed in Finland to allow the police to impose fines on drug users. Emphasis, however, was placed on using alternative measures to deal with drug users. In particular, sanction practices focused on reprimanding young drug users and directing problem drug abusers to treatment in lieu of imposing fines. The evolution of Finnish legislation in regards to criminalizing drug use is reviewed, which culminated in the Narcotics Act of 1972. The Narcotics Act criminalized drug use yet set wide parameters in terms of penalizations because it was primarily meant to demonstrate the parameters of acceptable behavior to young people. The Narcotics Act focused mainly on drug dealers rather than on drug users. Indeed, it was common to waive penalties altogether for drug users. During the 1990s, the penal provisions in regards to drug offenses were transferred from the Narcotics Act to the Penal Code, which set sanction parameters for drug offenses that ranged from fines to imprisonment yet retained the basic sanction practices of fining drug users or, more often, waiving the fine in favor of reprimand or treatment. Data were drawn from legal statistics on 763 sentences given in drug cases in Finland over a 2-year period. Tables, figures, footnotes, references