The article analyses the criminal offence of unlawful production and trafficking
of illicit drugs, illicit drugs in sports, and precursors for the production of
illicit drugs as enshrined in Article 186 of the Slovenian Criminal Code, which
is permeated with dogmatic dilemmas are reflected in the domestic case-law.
The article analyses the criminal offence of unlawful production and trafficking
of illicit drugs, illicit drugs in sports, and precursors for the production of
illicit drugs as enshrined in Article 186 of the Slovenian Criminal Code, which
is permeated with dogmatic dilemmas are reflected in the domestic case-law.
Given that this is one of the most commonly committed offences in Slovenia,
a comprehensive criminal-law analysis of the article is of the utmost importance,
both for legal theory and practice. The article discusses the dilemma of
a collective offence, a questionable use of plural forms in legal terminology, the
characteristics of the commission of a criminal offense in a criminal organization
or as an organizer of a network of traffickers or mediators, dogmatic questions
in the preparatory stages of the criminal offence, issues of mistake of fact
and mistake of law, the method of committing the crime and many theoretical/
practical dilemmas that remain unanswered in domestic criminal theory and
controversial in case-law. The purpose of the article is to provide answers to
these dilemmas and to facilitate to both theoreticians and practitioners the
use of this complex offence, while also providing theoretical views on possible
amendments to the current legislation.
Key words: illicit drugs, prohibited drugs, illicit substances in sport, Criminal
Code, drug trafficking, criminal offence, possession of prohibited drugs