Course shared with decentralized training. The course aims to tackle all the main controversial issues on the subject. First, the substantive issues: identifying the evidence that can be used to distinguish the criminally liable possession from the one administratively liable only in the light of the ... (read more)

Course shared with decentralized training. The course aims to tackle all the main controversial issues on the subject. First, the substantive issues: identifying the evidence that can be used to distinguish the criminally liable possession from the one administratively liable only in the light of the innovations introduced through Law 49/2006; the evaluation criteria for the retainability of the cases in issue, mitigated by the ‘fatto di lieve entità’; the ‘premiale’ treatment reserved to the collaboration of the offender; the elements constituting the associative cases in issue and any differential aspects with respect to those of the code (articles 416 and 416 bis of the Italian criminal code). Particular attention will be given also to the procedural provisions, especially to those that have assigned new and influential fighting powers to the investigative bodies. Among them, the provision of the simulated purchase of drugs and of the so-called “agent provocateur”, and those related to the delayed and/or omitted measures on the part of the Judicial Authority or of the Office of the Public Prosecutor of the Republic. Attention must also be given to the typical perpetrator (drug addict or person who makes use of drugs or psychotropic substances) and to the legal consequences for the latter, also with respect to the enforcement of the sentence and alternative measures to prison. The course will then take a last look at the effects of the new law on transnational crime, including drug-related offences, which appear to be evermore frequently organized by criminal connections operating in different Countries.
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