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en:thc_recht:verzeigung [2021/11/26 17:12] – sosen:thc_recht:verzeigung [2024/03/27 08:56] (current) – external edit 127.0.0.1
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 ====== Report: interrogation and protocol ⇒ penalty ====== ====== Report: interrogation and protocol ⇒ penalty ======
  
-===== The interrogation is logged =====+===== The interrogation is recorded =====
  
-In the case of an [[en:thc_recht/wenigillegal|regulatory fine]], no protocol is drawn up and the police can issue you a fine directly (as in the case of illegal parking).+In the case of a [[en:thc_recht/wenigillegal|fixed penalty]], no protocol is drawn up and the police can issue you a fine directly (as in the case of illegal parking).
  
-But if you have more than 10 grams with you or admit to previous use, you will be reported to the police. For this purpose, the police will create a protocol, usually a standard protocol like the example on the left.+But if you have more than 10 grams with you or admit to previous use, you will be reported to the police. For this purpose, the police will create a protocol, usually a standard protocol like the example below.
  
 The more illegal activities you admit to, the higher the punishment can be. If you sign this protocol, this document is your statement and based on it you will be punished. So admit only what you have to admit (the weed on you for example). Never admit anything more and read the protocol carefully before signing it and protest in case of mistakes. You should also not name your source of supply, otherwise they will try to find it and punish you.  The more illegal activities you admit to, the higher the punishment can be. If you sign this protocol, this document is your statement and based on it you will be punished. So admit only what you have to admit (the weed on you for example). Never admit anything more and read the protocol carefully before signing it and protest in case of mistakes. You should also not name your source of supply, otherwise they will try to find it and punish you. 
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 ===== The report and the penalty ===== ===== The report and the penalty =====
  
-Due to the police report follows the [[en:thc_recht/strafbefehle|penal order]] with the fine (100 to 600 francs) and the fees (about 50 to 500 francs). Since 1995 we collect such penal orders and publish them anonymously: [[en:thc_recht/strafbefehle|penal orders from all over Switzerland]]+Due to the police report follows the [[en:thc_recht/strafbefehle|summary penalty order]] with the fine (100 to 600 francs) and the fees (about 50 to 500 francs). Since 1995 we collect such summary penalty orders and publish them anonymously: [[en:thc_recht/strafbefehle|summary penalty orders from all over Switzerland]]
  
 ^  Example of a standard protocol  ^  Example of a fine for consumption actions  ^ ^  Example of a standard protocol  ^  Example of a fine for consumption actions  ^
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 ⇒ This **uncertainty** can be very stressful.  ⇒ This **uncertainty** can be very stressful. 
  
-Often, the authority issues a penal order without further clarification, either according to NarcA 19a or, more rarely, according to NarcA 19. Then, if necessary, one must file an objection and demand a reassessment in court.+Often, the authority issues a summary penalty order without further clarification, either according to NarcA 19a or, more rarely, according to NarcA 19. Then, if necessary, one must file an objection and demand a reassessment in court.
 </WRAP> </WRAP>
  
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 **//"I wanted to set this seeds and, if something had come, consume the result."//** **//"I wanted to set this seeds and, if something had come, consume the result."//**
  
-⇒ All acts in preparation for one's own consumption are **transgressions**. ⇒ **NarcA 19a** (fine, fees)+⇒ All acts in preparation for one's own consumption are **contraventions**. ⇒ **NarcA 19a** (fine, fees)
  
 The more definitely the persons concerned testify that the intended use of the seeds (or of hash / weed) is **their own consumption**, the clearer it becomes that it is only a contravention. The more definitely the persons concerned testify that the intended use of the seeds (or of hash / weed) is **their own consumption**, the clearer it becomes that it is only a contravention.
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 ⇒ Passing on (including giving away) and sale anyway represent **misdemeanor** represent.  ⇒ Passing on (including giving away) and sale anyway represent **misdemeanor** represent. 
-⇒ **NarcA 19** (fine, fees, fine in daily rates, entry in criminal record).+⇒ **NarcA 19** (fine, fees, monetary penalty in daily rates, entry in criminal record).
  
 As soon as the person concerned wants to give away a seed, he or she ends up at misdemeanor. As soon as the person concerned wants to give away a seed, he or she ends up at misdemeanor.
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 Most of them would not have had to answer the questions about previous consumption, but it is difficult to simply stop the statement that has been started here. Many of those affected then simply admitted to low consumption (for example, every few months at a party).  Most of them would not have had to answer the questions about previous consumption, but it is difficult to simply stop the statement that has been started here. Many of those affected then simply admitted to low consumption (for example, every few months at a party). 
  
-Of course, the interviewees can also simply confess their entire consumption life, for the buses it makes no difference in most areas: There is a standard fine for consumption or preparatory acts.+Of course, the interviewees can also simply confess their entire consumption life, for the fines it makes no difference in most areas: There is a standard fine for consumption or preparatory acts.
  
 ===== The road traffic office is informed ===== ===== The road traffic office is informed =====
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 <WRAP left liviolett 100%> <WRAP left liviolett 100%>
 ===== After the interrogation ===== ===== After the interrogation =====
-Always read the **protocol** carefully and only sign it if it contains what the statement is supposed to be. The police protocol is the binding basis for the (after days to months delivered) **penal order**. This necessarily fast and exactly control (whether NarcA 19a or 19). Now punished persons have 10 days to accept it or to raise an **objection** and to take the legal way.+Always read the **protocol** carefully and only sign it if it contains what the statement is supposed to be. The police protocol is the binding basis for the (after days to months delivered) **summary penalty order**. This necessarily fast and exactly control (whether NarcA 19a or 19). Now punished persons have 10 days to accept it or to raise an **objection** and to take the legal way.
 At this moment it is important to ask for **inspection of files** and to copy all documents. All offices will have these files (for years to come), only the accused person will not receive a copy by himself. Therefore, all affected persons should definitely obtain this information. At this moment it is important to ask for **inspection of files** and to copy all documents. All offices will have these files (for years to come), only the accused person will not receive a copy by himself. Therefore, all affected persons should definitely obtain this information.
 </WRAP> </WRAP>
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 Whether an eager or an efficient police force was at work, a penalty followed in both cases (the penalty-free minor quantity was never considered).  Whether an eager or an efficient police force was at work, a penalty followed in both cases (the penalty-free minor quantity was never considered). 
  
-This was followed by penal orders (200 to 1,000 francs). In addition, there were some convictions for misdemeanor. Warnings were only issued in Basel-Stadt (300 francs).+This was followed by summary penalty orders (200 to 1,000 francs). In addition, there were some convictions for misdemeanor. Warnings were only issued in Basel-Stadt (300 francs).
  
-On our website about the hemp seed prosecution we have documented the whole process: Notices by customs, projections from seeds to possible harvests with suspicion of trafficking, summonses by the police, reports from affected persons, penal orders in different variants from many cantons. Read more in our [[en:thc_recht/samenverfolgung|dossier on hemp seed prosecution since 2015]].+On our website about the hemp seed prosecution we have documented the whole process: Notices by customs, projections from seeds to possible harvests with suspicion of trafficking, summonses by the police, reports from affected persons, summary penalty orders in different variants from many cantons. Read more in our [[en:thc_recht/samenverfolgung|dossier on hemp seed prosecution since 2015]].
 </WRAP> </WRAP>
  
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 \\  \\ 
-^[[en:thc_recht/normalillegal|Normal illegal]]  |  [[en:thc_recht/verzeigung|up]]  ^  [[en:thc_recht/strafbefehle|penal orders]]^ + 
-\\ +^[[en:thc_recht/normalillegal|Normal illegal]]  |  [[en:thc_recht/verzeigung|up]]  ^  [[en:thc_recht/strafbefehle|summary penalty orders]]^
  
Last modified: 2021/11/26 17:12
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