A kábítószer-kereskedelem megállapítása esetén értékelt büntetéskiszabási tényezőkről

Aim: The aim of the research is to present the sentencing factors that are assessed in sentencing practice when a drug trafficking offence is established. Given that it is the material circumstances surrounding the offence that characterise the specific offence, factors relating to the person of the offender are not the subject of the study. Methodology: I have drawn my conclusions by examining the reasoning of anonymous decisions published in the Collection of Court Decisions, using final decisions from domestic courts. Findings: Act C of 2012 on the Criminal Code (hereinafter: Criminal Code) provides for a sentence of imprisonment of two to eight years for the basic offence of drug trafficking, and five to twenty years for the aggravated offence, and up to life imprisonment in some cases. When imposing these wide sentences, the court must also assess other mitigating and aggravating circumstances, in addition to the other sentencing factors. The practice of the domestic courts shows that, when imposing sentences, the factors that are typically relevant are the placing of the drug on the market, the quantity and type of drug, the drug consumption and the specific conduct of the offence. Value: The article takes stock of the objective sentencing factors that the courts in our country assess when determining the offence in question. The study also points out discrepancies between the practice of the sentencing courts.