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en:thc_recht:normalillegal [2023/02/21 15:17] – sosen:thc_recht:normalillegal [2026/08/25 17:24] (current) – [Criminal investigation - what to do?] sos
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 ===== Normal illegal: consumption private and preparations ===== ===== Normal illegal: consumption private and preparations =====
  
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 ===== Laws ===== ===== Laws =====
 **Basic prohibition**\\  **Basic prohibition**\\ 
-[[https://www.fedlex.admin.ch/eli/cc/1952/241_241_245/en#a19|Narcotics Act NarcA, SR 812.121, Article 19,]] in PDF (2021) on page 16 f.\\ +[[https://www.fedlex.admin.ch/eli/cc/1952/241_241_245/en#a19|Narcotics Act NarcA, SR 812.121, Article 19,]] in PDF (2023) on page 17 f.\\ 
 **Privilege consumption**\\  **Privilege consumption**\\ 
-[[https://www.fedlex.admin.ch/eli/cc/1952/241_241_245/en#a19a|Narcotics Law NarcA, SR 812.121, Article 19a, Paragraph 1]], in PDF (2021) on page 17\\ +[[https://www.fedlex.admin.ch/eli/cc/1952/241_241_245/en#a19a|Narcotics Law NarcA, SR 812.121, Article 19a, Paragraph 1]], in PDF (2023) on page 19\\ 
 **Limitation**: 3 years for violations **Limitation**: 3 years for violations
 \\  \\ 
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 ===== The procedure for a contravention ===== ===== The procedure for a contravention =====
  
-In 2020, the police reported 22,141 defendants who were accused of 25,203 contraventions related to smoking pot. A contravention is logged by the police (see [[en:thc_recht/verzeigung|report]]). The person concerned is then reported to the police, because the police cannot impose penalties themselves. In most areas, this is done by the public prosecutor's office. +In 2024, the police reported 10,036 defendants who were accused of 11,367 contraventions related to smoking pot. A contravention is logged by the police (see [[en:thc_recht/verzeigung|report]]). The person concerned is then reported to the police, because the police cannot impose penalties themselves. In most areas, this is done by the public prosecutor's office. 
  
 In the canton of Zurich, there are city police forces in some municipalities, where THC users are usually reported by them and fined by the city magistrate's office. Those who are reported by the cantonal police are fined by the governor's office. The governor's offices issue higher fines and demand higherfees than the municipal magistrates' offices. The public prosecutor's offices are often even more expensive.  In the canton of Zurich, there are city police forces in some municipalities, where THC users are usually reported by them and fined by the city magistrate's office. Those who are reported by the cantonal police are fined by the governor's office. The governor's offices issue higher fines and demand higherfees than the municipal magistrates' offices. The public prosecutor's offices are often even more expensive. 
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 ===== The decisive limit ===== ===== The decisive limit =====
  
-However, anyone who confesses to a transfer leaves the realm of misdemeanors and is guilty of a massively more illegal [[en:thc_recht/starkillegal|offense]] (NarcA 19). +However, anyone who confesses to a transfer leaves the realm of misdemeanors and is guilty of a massively more illegal [[en:thc_recht/starkillegal|misdemeanor]] (NarcA 19). 
  
-Accordingly, respondents should frame their statements to the police [[en:thc_recht/verzeigung|: interrogation]] Everything you own is for your own consumption. Therefore, never admit to passing on or intentions to pass on without compelling reasons, because then there will not "only" be a fine, but also a fine or even imprisonment, both with an entry in the criminal record.+Accordingly, respondents should frame their statements to the police [[en:thc_recht/verzeigung| interrogation]] Everything you own is for your own consumption. Therefore, never admit to passing on or intentions to pass on without compelling reasons, because then there will not "only" be a fine, but also a fine or even imprisonment, both with an entry in the criminal record.
  
  
-====== Criminal investigation - rights and obligations ======+====== Criminal investigation – rights and obligations ======
  
 One does not like to deal with it, but it can affect everyone: Even those who are innocent can become involved in criminal proceedings.  One does not like to deal with it, but it can affect everyone: Even those who are innocent can become involved in criminal proceedings. 
  
-===== Criminal investigation - what to do? =====+===== Criminal investigation – what to do? =====
  
-A book recommendation for this: "Criminal investigation - what to do?" has been published by "edition 8" in the 5th edition. For 25 francs you get an understandable, general introduction to the course of criminal proceedings. The ideal supplement to our THC-Wiki. On [[HTTP://www.strafuntersuchung.ch|Strafuntersuchung.ch]] you can order the book or download a leaflet with a summary of the most important points. For all those who want to know in more detail how a criminal investigation works and what rights and obligations they have in the process. +A book recommendation for this: "Criminal investigation - what to do?" (ISBN 978-3-85990-161-2, in German) has been published by "edition 8" in the 6th edition. For 25 francs you get an understandable, general introduction to the course of criminal proceedings. The ideal supplement to our THC-Wiki. On [[HTTP://www.strafuntersuchung.ch|Strafuntersuchung.ch]] you can order the book or download a leaflet with a summary of the most important points. For all those who want to know in more detail how a criminal investigation works and what rights and obligations they have in the process. 
  
 ===== Rights and obligations in criminal proceedings ===== ===== Rights and obligations in criminal proceedings =====
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 How the concrete prosecution of illegal actions is organized is determined by the Criminal Code. Here it is determined how transgressions, how misdemeanor are punished: How the concrete prosecution of illegal actions is organized is determined by the Criminal Code. Here it is determined how transgressions, how misdemeanor are punished:
  
-  * [[http://www.admin.ch/ch/d/sr/c311_0.html|Swiss Penal Code]]+  * [[https://www.fedlex.admin.ch/eli/cc/54/757_781_799/en|Swiss Criminal Code]]
  
 ====== Prosecution of THC use ====== ====== Prosecution of THC use ======
Last modified: 2023/02/21 15:17
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