موقف التشريعات من التعامل بالمخدرات و المؤثرات العقلية (دراسة مقارنة)‎

الملخص EN

The position of legislation on dealing with narcotics and psychotropic substances within the scope of our study is represented in the legal disposition of those substances, such as selling, buying, owning, medical description and pharmaceutical dispensation, as well as material work such as cultivation, production, manufacture, transportation and delivery, and everything that falls within the legal disposition and material work are mentioned above, including the examples above, They are images that fall under the meaning of the permitted dealing with those substances according to a philosophy set by the international conventions on combating narcotics and psychotropic substances, represented by (the Single Convention on Narcotic Drugs of 1961 as amended by the Protocol of 1972, the Convention on Psychotropic Substances of 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Substances).

mentality in 1988), and the Iraqi and comparative legislator also went to it.

Because of the importance of the subject, it must be noted that all of the above agreements, and all legislators (Iraqi, Egyptian, Emirati, and French), are in agreement that dealing with narcotics and psychotropic substances are crimes punishable by law, and this is the principle, except that it is an exception to that principle.

deal with those materials; Those agreements and these legislators authorized it according to certain purposes, where provisions were stipulated regulating its purposes (i.e.

the above dealings), and also provided for the criminalization of acts in violation of these provisions, and the punishment of their perpetrators with certain penalties.

The aforementioned international and national legislation represented by the Iraqi Narcotics and Psychotropic Substances Law No.

50 of 2017, amended, the Egyptian Law on Combating Drugs and Regulating their Use and Trafficking No.

182 of 1960 as amended, and the amended Emirati Narcotics and Psychotropic Substances Law No.

14 of 1995, amended, The Public Health Law amended by Decree No.

2007-157 of February 5, 2007, and the new French Penal Code promulgated in 1992 by Law No.

683-92 of July 22, 1992 and in force in 1994, all tended to establish a strict legal system represented in the regulation of provisions Licensed dealing with narcotics and psychotropic substances and determining their purposes, due to the health, social, economic and security risks that these substances may cause if they are dealt with in violation of the above provisions.

Therefore, based on the foregoing, narcotics and psychotropic substances, in accordance with the international legislation represented by the aforementioned agreements and in accordance with the national legislation stipulated by the Iraqi and comparative and previously mentioned legislatures, may only be dealt with as an exception and exclusively for specific purposes and according to the position of each legislation, and otherwise we are facing a violation of the provisions of that Dealing and, consequently, one of the offenses of violating the provisions of the permitted dealing with those articles is realized if its elements are available.