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en:thc_recht:normalillegal [2021/11/26 15:58] – [report] sosen:thc_recht:normalillegal [2024/03/27 08:56] (current) – external edit 127.0.0.1
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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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 ===== Penalties ===== ===== Penalties =====
-Anyone caught with cannabis for personal use or who admits use in an [[en:thc_recht/verzeigung|interview]] will be given a [[en:thc_recht/strafbefehle|penal order]] with a fine, plus fees (a total of 200 to 1,000 francs). In case of repetition, it becomes more expensive (fine up to 10'000 francs).+Anyone caught with cannabis for personal use or who admits use in an [[en:thc_recht/verzeigung|interview]] will be given a [[en:thc_recht/strafbefehle|summary penalty order]] with a fine, plus fees (a total of 200 to 1,000 francs). In case of repetition, it becomes more expensive (fine up to 10'000 francs).
 </WRAP> </WRAP>
 <WRAP clear></WRAP> <WRAP clear></WRAP>
  
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 +| [[https://www.kayashop.ch/de|{{:thc_recht:kayashop_de.jpg|kayashop.ch}}]]  |
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 +
 ====== Normal illegal: consumption private and preparations ====== ====== Normal illegal: consumption private and preparations ======
  
 ===== The consumption is prohibited ===== ===== The consumption is prohibited =====
  
-Acts for one's own consumption (possession, cultivation, purchase, smuggling) as well as consumption itself are prosecuted as misdemeanors.+Acts for one's own consumption (possession, cultivation, purchase, smuggling) as well as consumption itself are prosecuted as contraventions.
  
 There is no quantity limit here. It does not matter how much hash or weed someone possesses - as long as it is for personal use, it is considered contravention and the penalty in the law is "fine". The only exception to this is that anyone who possesses less than 10 grams and has not yet consumed it goes [[en:thc_recht/quasilegal|unpunished according to the law]]. There is no quantity limit here. It does not matter how much hash or weed someone possesses - as long as it is for personal use, it is considered contravention and the penalty in the law is "fine". The only exception to this is that anyone who possesses less than 10 grams and has not yet consumed it goes [[en:thc_recht/quasilegal|unpunished according to the law]].
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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 violations 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 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 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 public prosecutor often charges up to 500 francs fines the first time, which with fees can quickly cost 800 francs. The public prosecutor often charges up to 500 francs fines the first time, which with fees can quickly cost 800 francs.
  
-These examples are first time buses. The second time it gets more expensive!+These examples are for first time encounters. The second time it gets more expensive!
  
 ===== Logging of illegal actions ===== ===== Logging of illegal actions =====
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 Anyone who is questioned by the police about their handling of THC should really only admit what is obvious anyway, i.e. the specific THC-containing material found. Interviewees should not answer any other questions. Interviewees can remain silent or say, //"I won't say anything about that."// There is no point in cooperating with the police because every statement almost inevitably proves more illegal activity. Refusing to testify is allowed: No one is forced to incriminate themselves. Accused persons are also allowed to lie. If one's own testimony would be the only evidence, it is often a good idea to simply deny an illegal act. Complex structures of lies, however, usually do not work (contradictions). Anyone who is questioned by the police about their handling of THC should really only admit what is obvious anyway, i.e. the specific THC-containing material found. Interviewees should not answer any other questions. Interviewees can remain silent or say, //"I won't say anything about that."// There is no point in cooperating with the police because every statement almost inevitably proves more illegal activity. Refusing to testify is allowed: No one is forced to incriminate themselves. Accused persons are also allowed to lie. If one's own testimony would be the only evidence, it is often a good idea to simply deny an illegal act. Complex structures of lies, however, usually do not work (contradictions).
  
-Silence, at best denial, is usually better, but difficult for many. It does not make the atmosphere at the post more pleasant, maybe you really have to go to the holding cell for an hour. It is a very unpleasant situation: to be held and pressured by several armed, paid people in your free time alone. It is not a pleasant experience, but it is necessary to keep one's nerves and remain silent.+Silence, at best denial, is usually better, but difficult for many. It does not make the atmosphere at the police station more pleasant, maybe you really have to go to the holding cell for an hour. It is a very unpleasant situation: to be held and pressured by several armed, paid people in your free time alone. It is not a pleasant experience, but it is necessary to keep one's nerves and remain silent.
  
 The only meaningful statement is that the material found on you belongs to you and is for your own consumption. This makes it clear that it is about NarcA 19a. Anything else must then be proven. The only meaningful statement is that the material found on you belongs to you and is for your own consumption. This makes it clear that it is about NarcA 19a. Anything else must then be proven.
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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.
  
  
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 ===== 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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   * [[en:thc_recht/sh4242|Money laundering - what does it mean?]]   * [[en:thc_recht/sh4242|Money laundering - what does it mean?]]
  
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 +
 ^[[en:thc_recht/wenigillegal|Little illegal]]  |  [[en:thc_recht/normalillegal|up]]  ^  [[en:thc_recht/verzeigung|report]]^ ^[[en:thc_recht/wenigillegal|Little illegal]]  |  [[en:thc_recht/normalillegal|up]]  ^  [[en:thc_recht/verzeigung|report]]^
 \\  \\ 
  
Last modified: 2021/11/26 15:58
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Legal overview

Shit happens 15 (Summer 2023)

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