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How high are the penalties for drug users


Are some punishments disproportionate in Slovakia?

Read the stories and facts below,

and form your own opinion.



ARE SLOVAK LAWS CONSISTENT WITH EUROPEAN LAWS?

Read the legal analyses below

and form your own opinion.


15 YEARS FOR CONSUMPTION OF MARIJUANA

Paragraph 172/2a of Criminal Code


Wording:

A perpetrator is punished by imprisonment for ten to fifteen years if he/she committed act stipulated in section 1 (production, import, export, transport or ordering transport, purchase, sale, exchange, procuring or keeping for any period of time) and was already sentenced for such act.

Explanation:

In practise this means, that if you are caught second time with intoxicating and psychotropic agent and you have with you for the first time and second time more than 10 single doses (for example in case of marihuana more than 5 grams), you will be imprisoned for 10 to 15 years. The law does not distinguish between dealer and consumer. Words purchase and sale are in one section even under one letter of the paragraph 172/1c. If you are arrested third time, paragraph 47 applies to your called Imprisonment for LIFE


Robo (27 years)

Robo is a young boy who likes sport, nature and music. He used to join in various activities such as cleaning waste in nature, help for homeless people, organising concerts and meetings with friends. Same as thousands of others in Slovakia, instead of occasional consumption of alcohol, he preferred occasional smoking of marihuana. He was caught for the first time in the year 2017 with 12 g of marihuana. The result was probation punishment of 30 months with 36 months of suspension. Robo kept working, meeting friends, living non-conflicting life and probation punishment slowly passed. He used to live with his grandparents, he was taking excellent care of them until their death and later he financed his own rented place from his wages. On 1st February 2019, he was caught again during incidental police raid with 7.7 g of marihuana. Since then he is in detention pending trial and is accused of repeated consumption and keeping marihuana pursuant to par. 172 section 2 lett. a) of Criminal Code. On 12th September 2020 he was sentenced by District Court in Košice to 12.5 years unconditionally. This verdict is not legally valid yet and at the moment Robo spends 27th month in detention pending trial. However, transfer of 2.5 years of probation must be added to the verdict, which together makes 15 years in prison unconditionally. In our lives we define evil as follows: If someone knowingly and intentionally hurts the other. However, we are unable to find this definition in marihuana consumption, for which Robo was sentenced. This situation is caused by combination of two "absurdities" in Criminal Code, which are: - paragraph 172 1c and 172 1d, which do not separate consumers and dealers and in one sentence join the words such as buy, sell, change, procure - paragraph 172 2a of Criminal Code, which sends repeated consumer into prison for 10 to 15 years.


Michal

Because the theme of draconic punishments for marihuana is presently current medial theme, I take the opportunity to write a few lines. On Friday 19th February 2021, criminal proceeding for exceptionally serious crime was started against fiancée Michal, for illegal production of narcotics and psychotropic substances, poisons and precursors, its holding and dealing under § 172 of Criminal Code. Considering the fact that he was prosecuted in the same matter in the past, he is in danger of imprisonment for 10 to 15 years. 10.7 g of marihuana for his own needs was found in his car. In the past, he was sentenced for holding marihuana (33 g) in the year 2014, when District Court punished him with imprisonment for 3 years. By appealing to Regional Court, the verdict was changed from 3 to 4.5 years. He was then taken to prison. So he served the whole three years there. For the good behaviour, following the prison and working regime, he was conditionally released to freedom after 2/3 of the punishment. After release, he was observing all duties and limitations as well as all terms provided to him by the court. After his release (in 2017) we started to live full and orderly family life. We worked for full time. He approached the work responsibly, he was hard working, non-conflict and reliable. He is a person bearing very positive meaning of close society. He helped with building cycling route in the village, joined repairs of sports club and was happy to help anyone. Apart from living together, we started to plan our wedding - in October this year and in previous months we were also trying for a baby. No criminal proceeding was lead against him since the last verdict in 2014. Only one offence in traffic area with penalty of 10 EUR. Criminal Code is very merciless towards using marihuana drug and sends people who repeat the offence to prisons for long-term sentences instead of re-education. Criminal Code § 172, sec. 2, lett. a) (recidivism). In comparison to neighbouring countries, we are a country with the strictest criminal charges in these cases. In The Netherlands for example, marihuana is freely available in coffee shops. Our Criminal Core does not distinguish between light and hard drug and it includes dealers and consumers in the same category. Drug dealer, who sells in large amount and delivers hard drugs (heroin, cocaine, pervitin, etc.), is given the same punishment as marihuana consumer prosecuted for second time. I cannot stop thinking about other even more serious crimes for which the same or even lower punishment was awarded. For example: "Witness Andruskó" in case of murder of Ján Kuciak and Martina Kušnírová, who was punished by 15 years for arranging the murder. Murder of hockey referee Mr. Liptaj in 2008. Regional Court decided that accused Mr. Ščurko, who stabbed and hacked at the victim at least 19 times in upper part of the body, will serve 5 years for intentional murder. The same goes for criminal offences in case of abuse and sexual harassment. Perpetrators are punished by imprisonment for 5 years. Considerably lower as in case of Michal, who is in danger of imprisonment for 10 to 15 years. During my university life I spent 5 years living in dormitory in company of young people. Majority of them spent their free time not only by drinking alcohol, but also by using light drug - marihuana. Some of them did not even have problems with taking the drug in public and they proudly carry their university title now. In case of proving Michal guilty and his sentencing for minimum sentence of 10 years, he will serve his punishment in prison with maximum level of guarding together with murders, tyrants and psychopaths. Present strict Criminal Code will destroy life for the sentenced, it will change thinking and it negatively affects human personality, even such persons do not represent a threat for our society. Alternative sentences would be the solution that would re-educate a repeated offender but not "kill" him, similar as are punishments presently used in neighbouring states. When proving guilty and after sentencing, not only one human life is destroyed (Michal) but two (mine as well).

20 YEARS FOR GROWING MARIJUANA

Paragraph 172/3c of Criminal Code


Wording:

A perpetrator is punished by imprisonment for fifteen to twenty years if he/she committed act stipulated in section 1 (production, import, export, transport or ordering transport, purchase, sale, exchange, procuring or keeping for any period of time) in considerable extent.

Explanation:

State understands small damage as sum exceeding 266 EUR. Larger damage is sum reaching at least tenth times the amount. Considerable amount is the sum reaching minimum hundred times the amount, i.e. 26,600 EUR. Presently 1 g of marihuana costs approx. 10 EUR on average. It depends on region, time etc. There are tables for it. In practise it means, that if you are caught with 270 grams of marihuana, you cased the damage of 2,700 EUR, so it is larger damage. You will be punished under paragraph 172/2c, where the sentence is 10 to 15 years. But if you had 2.7 kg at home (for example you grew some plants), you caused the damage of 270,000 EUR and you will be sentenced under paragraph 172/3c, where the sentence is from 15 to 20 years. Well and if you have more plants at home and weight of dry matter will be more than 13.3 kg, you will cause the damage in large extent and shall be sentenced under paragraph 172/4c, where the sentence is from 20 to 25 years.


Milo

We are a normal married couple, raising eleven years old daughter Viktoria. My husband 60 years old Miloslav suffers from chronic obstructive pulmonary disease in 3rd stage and has high blood pressure. We have a farm together, were we breed animals, hens, geese and dugs. I bake homemade pancakes and rolls. This makes our living and we sell healthy products. My husband has high blood pressure and chronic obstructive pulmonary disease, as I have already written at the beginning. It is unbelievable, but marihuana and its extracts, i.e. phoenixes’ tears, help him improve blood pressure. So he decided to grow several plants. There was exactly 11 pcs out of which only 3 plants contained THC in amount of 2.8%, 2.5% and 2.4%. And world´s wonder, his blood pressure was considerably good - maximum 150 to 100. On 21st September 2020 at 5:50 AM police came to us to execute house search, when they seized 11 plants of marihuana (only 3 with THC) and took all the money in amount of 3.200 EUR. Since 21st September 2020, he has been in detention pending trial and his blood pressure has been 230 to 130, which could cause him brain stroke. They have been unable to fix his blood pressure so far. This proves that classical treatment is no help for him. My husband faces 15 to 20 years only because he wanted to save his life to love us and live with us in peace. I come to the point: according to WHO, marihuana belongs to soft drugs such as coffee, tea and others. Hard drugs are pervitin, cocaine, heroin, LSD. I needn’t to go into detail, why there are such strict punishments for soft drug - marihuana, in Slovakia? One interesting sentence from expert testimony - quoted precisely. Immediate danger of damaging life or direct life endangerment (from toxicology point of view) as result of smoking cannabis practically does not exist. I and my husband used to have pub before and I know what alcohol can cause and it is far more dangerous than marihuana and this is my fair opinion from practical life. Why do you destroy lives for marihuana and violent people and thieves who really endanger society are left outside (of prison)? By this I also fight for young people, who are sent to prison by the state for soft drug for long years, when the opinion of WHO is not accepted. It is ill and mistaken. Wouldn´t it be cleverer to leave them outside to work, pay taxes and deductions and not to ruin their lives? Change legislation and instead of running around pubs and bars, let them grow a plant and make something useful? Maybe it would be useful to look at Czech system or possibly at European frameworks and adjust our outdated legislation accordingly. On 7th April 2021, the decision is to be taken, whether my husband will be released from detention. I await the result. He might end up being under stress of having brain stroke every day, or they would let him go to family, because at the moment I am all alone to do everything. Starting with raising the daughter to taking care of animals. It is very hard without husband.


Jozef (43 years)

My name is Jozef and I am 43 years old. In February 2021 I was arrested for growing cannabis with THC, that is marihuana and I have been in detention pending trial ever since. I was accused pursuant to paragraph 172/3c for growing marihuana in considerable extent, which could mean punishment for 15 to 20 years. I have never hurt anyone in my life and I don´t understand that people who kill someone are given shorter sentence than I. I have never sold marihuana; I used it to produce ointments (1 kg of marihuana for 1 litre of ointment) for my 70 years old mum and 75 years old dad, who don´t think of anything else now, only that they would ever live to see me again. They need me very much. Now my son is taking care of them, who only become adult several month ago and suddenly he lost his father. His mum is abroad and it is all up to him. He takes care of granddad and grandma, goes to work and tries to pay bills, while still studying. It is very difficult for him. I am easy going man, I have worked honourably for my whole life, I was never punished by law, I don´t drink alcohol, I only smoked and that has got me where I am now - in prison - an my family suffers and my old parents and my son need me. I am very sorry for what has happened I would not have dreamt that growing cannabis with THC and then producing ointments can bring me such high punishment.


10-15 years for the testimony of three witnesses

Paragraph 172/2c


Wording:

A perpetrator is punished by imprisonment for ten to fifteen years if he/she committed act stipulated in section 1 (production, import, export, transport or ordering transport, purchase, sale, exchange, procuring or keeping for any period of time) by more serious act.

Explanation:

More serious act according to paragraph 138/j is understood as committing criminal offence for example upon several persons. In practise it means that if three witnesses, who testify that you for example gave them or offered them marihuana, you go to prison for 10 to 15 years. And it makes no difference, if you were convicted before or you were "nice guy".


Martin

My son Martin is absolutely normal boy, young man, for whom family is the whole life. That is how we raised him and therefore, he married his girlfriend Natalka considerably early at the age of 25. They met during their school years. In 2018, their son Martinko was born. My husband and I presented them with land plot; they took a mortgage and built a house where they enjoyed the life together. When Martin was taken into custody, Martinko was two years old and he has not seen him ever since. He worked hard as scaffolding worker in Slovnaft company in Bratislava. Every morning he got up at 4 AM to travel there from Nitra. He took excellent care of his family. The basis of Martin´s case is that during house search or even personal search, no narcotic or psychotropic substance was found, nothing, not even cash or anything that would confirm police suspicion that a crime was committed. On 28th February 2020, a criminal proceeding started against Martin and charge was raised for especially serious crime of illegal production of narcotic and psychotropic substances, poisons and precursors their holding and dealing pursuant to § 172 section 1 letter c) letter d) section 2 letter c) of Criminal Code taking into account § 138 letter b) letter j) of Criminal code. I want to point out, that he never was investigated by the police for drug delicts, never caught with any drugs, there is no photography, record or anything of him selling drugs. Allegations and consequently accusation was raised exclusively on the basis of witness’s testimonies and transcripts of phone calls. Three witnesses of prosecutions used their right at the court and refused to testify, three testified how it really was at the police and denied, that Martin have ever offered them marihuana or pervitin. Not a single part of phone call transcriptions proves my son guilty of selling or any manipulation with narcotics. Despite all the evidence presented at the court, Martin is still detained. The judge refuses repeated applications for his release. I will always stand by my son and support him. If there is not a will in our society to change § 171 and § 172 of Criminal Code, a lot of human lives will be destroyed. Where do I see absurdity of the Act? - considering § 138 letter b) letter j) of Criminal Code. Meaning for longer period of time and to more persons, the punishment is increased to 10 - 15 years. In case of my son it was enough for him to admit, that he tried marihuana for the first time 5 years ago and it suffice for the police to find at least four witnesses (three and more). That is no problem for the police, if we consider that marihuana is consumed today by majority of young people. - another “absurdity" of the Act is that it makes no difference when four friends meet and offer each other a joint, they commit the same "crime" as is someone sells marijuana by kilos.

Stories from prison

All stories in this section are connected with paragraph 172/2a


Wording:

A perpetrator is punished by imprisonment for ten to fifteen years if he/she committed act stipulated in section 1 (production, import, export, transport or ordering transport, purchase, sale, exchange, procuring or keeping for any period of time) and was already sentenced for such act.

Explanation:

In practise this means, that if you are arrested second time with intoxicating and psychotropic agent and you have with you for the first time and second time more than 10 single doses (for example in case of marihuana more than 5 grams), you will be imprisoned for 10 to 15 years. The law does not distinguish between dealer and consumer. Words purchase and sale are in one section even under one letter of the paragraph 172/1c. If you are arrested third time, paragraph 47 applies to your called Imprisonment for LIFE


Adam (35 years)

At the beginning of my open letter I would like to introduce myself and briefly summarise my piteous situation at the moment. I am Adam Frolkovič and I was sentenced to 11.8 years. It was because I provided intoxicating substance to 4 people and therefore I have committed Especially serious crime, pursuant to § 172. sec. 2 lett c.) of CC, with reference to § 138 lett. j) and I was placed in 3rd level of correction facility that is maximum level of guarding as especially serious criminal. Despite the fact that my family publicly joined in initiative called: "Open letter of four families to MPs of Slovak National Council.", which started some media debate, where my story was also mentioned and the fight together for the change of Criminal Code, I have decided to tell you my story: I grew up in normal complete family. At 9 years I started playing hockey and I decided to sacrifice all for it so I entered Sports hockey school in Trnava. I was talented and mainly I was ready to work. It was all rewarded and I gradually entered representation teams of SR U14, U15, U16. During the week we used to have 3 phased training and at the weekends we travelled with the team all over Slovakia and major part of Europe. Until I was 17 I did not know anything but hockey and people around it. Then I was injured and I had to end and finish my carrier. At the time I did not know anybody else but people from hockey and I had to leave them suddenly. I finished Construction engineering as Architect and left for UK to work there. I bought a car for money I earned and as a young boy I wanted to start business in Engineering area in construction works so I left to work in Bratislava. Sometimes I worked 18 hours a day and it was extremely demanding work, especially psychically. That is why a got to eventual use of drugs. Believe me, it is not exceptional and it could happen to anybody! Consequences are individual: My story is about my unfortunate falling into it, and suddenly my life turned upside down. I got to know people who are after drugs for themselves. I entered the carousel, which had to end in some way. And it ended at the moment, when special police forces kicked the door open one morning and made a search with big and useless circus that belongs to it. No narcotics were found at house search (because I did not have any just then) but I was taken into custody. Then I was sentenced to 11.8 years. Despite the fact, I had never before had any problems with drugs, I don´t even have debts, not even at Social Insurance, and I can say I was given destructive punishment of 11.8 years because I have sold small amount of drugs to people for 7 EUR etc. I was granted SLOVAK SPECIAL § 138 lett. j) of CC (sale to three and more people) - 10 to 15 years. I am just a simple boy who is terribly sorry for what happened. Mainly because I disappointed myself and mainly my family, because I was unable to resist the drug temptation. And that was probably the most important match which I have LOST. I am responsible for myself, I do no blame anybody else and I admit that I would deserve "some punishment". But not like this! Consequences of such draconic punishments on convicts and their close and broader family are catastrophic: When I was imprisoned I was 29 years old, I had excellent girlfriend, who was helping me to get out of drugs, as my family was. We did not make it in time. We were trying to establish family with my girlfriend and raise children in this state. But these punishments that are given here for something that is elsewhere understood as "minor offence" are not normal but EXCEPTIONAL! If I was to serve the whole of this, I will be 41, with no girlfriend, because of course nobody would wait for punishment of 11.8 years, not even a wife, let alone a girlfriend. And I might never have children at all, because I am to spend my best years of life in prison. I am convinced that you know that impropriety of punishments is a big problem of Slovak legislation. You cannot even imagine how I and people similar to me feel here. Here in the strictest level of guarding among killers and psychopaths, who really belong here. I really do not know how is this DESTRUCTIVE punishment of 11.8 years supposed to fix me?! When I am just a boy, one of thousands, who gave in to drugs and hurt only MYSELF and MY FAMILY. My verdict says that I have sold drugs approximately for 25 EUR in total. I have never in my life hurt anyone! Let’s compare how I feel, when: I have not committed fraud and did not destroy thousands of families taking them millions of Euros as Mr. Majerský – 9 years. I have not killed man from Philippines at Obchodna street - 9 years. I was not a boss of criminal drug group for 20 years that earned millions a year for drugs - 9 years. I did not have a container full of cocaine and I am not a member of criminal international group as Mr. Vadala - 9 years! I am sorry, but this is really insane, when this state with so high punishments kills common people as we are, by sticking to sick imagination: "The higher the punishment for drugs convict - the better for society". These are not punishments to wake a person up or realise that for example he is taking a wrong path. These are exceptional punishments, by which the convict is removed from society and that is really not all right... Therefore I rightfully ask you: Is Slovakia a state that belongs to modern and civilised EU? I am really starting to doubt it. It is not so long ago that former prime minister Dr. Fico declared that Slovakia is the country that has to be at the core of EU. Now I want to give just one contrast, which demonstrates the opposite. Council Framework Decision 2004/757/JHA as of 25th October 2004 as amended by Directive (EU) 2017/2013 of the European Parliament and of Council of Europe as of 15th November 2017. The objective of the Framework Decision is to punish regular drug dealings by imprisonment with upper limit of 1-3 years and higher form of criminal activity in sect. 2 by 5-10 years. My case is specific because I was sentenced by so called SLOVAK SPECIALITY. In absurd § not existing in other countries, which is: §138 lett. j) of CC. That is the sale to 3 people. I again have to point to the contrast between us and real EU: Council Framework Decision 2004/757/JHA. Because in the sense of the Framework Decision the word "sale" is perceived and interpreted as sale of drug to prior unspecified number of people. Actual number of people to whom the drug was sold is not a circumstance which establishes the duty of member states to award higher punishment! (art. 4 sec. of Framework Decision). In this letter I do not want to deal with legislation. But it is really necessary to warn that Slovak Republic is BOUND to respect the purpose of the Framework Decision and you can see where we are. We are at the total tail of EU. And the only people who can change that are MPs. We are also just people who realise and admit their own faults but we are unable to come to terms with these draconic punishments for 10-15 years for elsewhere regular drug offences. While all experts in drug issues know and affirm that drug problems at this lowest level should be solved in completely different way as is presently set in Criminal Code. We very well know so called Portugal model, which functions for many years and there are even "impact analyses" made of it already, which prove impacts of inappropriate punishments for these minor drug offences and prove they are highly contra productive and above all expensive for state. Results and successes of so called Portugal model are known in the whole EU. Only we continue to pretend it does not concern us. And at the very end I will only mention "brothers" Czechs that I give as another example. Czech Republic has the legislation amended by acceptable European manner for a long time and they also know that inappropriate punishing only has destructive effect. And also the form of conditional release is possible after serving 1/2 sentence. Only here in SR we have the worst and strictest in EU (punishment). Because here release applies only after serving 3/4, because according to valid legislation I am especially serious criminal. But that is a different story... By this letter I turn to you with belief that our destinies will not be disregarded by you. I personally believe that with coming of new government, people came who see things that I list in my confession regarding drug policy as problem. And they see it as problem which is really here and it needs to be solved... But in CIVILISED MANNER and not as DESTRUCTION like now.

With regards Adam Frolkovič

Peter (40 years)

My name is Peter and I am 40 years old. I was just a common small boy, who liked sport, tourism and animals. I studied to be electromechanical operator. After serving military service I found employment in food producing factory. The work was good. We were a good team - regular young people. We liked fun, discos, bonfires... This is how I got to using alcohol and later drugs. Of course, what I did not expect was to become addicted. First time I was arrested in year 2004 with 8 doses of heroin weighing 0.61 g. I was given probation sentence and clinical detention. When I took the treatment after some time I committed offence again and was delivered for punishment. I was conditionally released for good behaviour. Probation lasted 2.5 years. I got employed in zinc coating factory. I found a girlfriend and went to live with her. New set of friends and again I started taking drugs. After a year my girlfriend became pregnant and I was happy I shall be a father. It was about time, I was 32 years. But I was concerned whether I would make it because I was still addicted. I started to try and fight with the addiction and prepare for birth of my daughter. That´s when it came. Police raid on 22nd October 2013. At house search they found 5.3 g of marihuana with 3.1 concentration. Actually those were only squashed seeds and stems. Everyone who knows will say it was rubbish. They counted 11 doses of it. Because I had it repeatedly and by several persons that I was taking it, I was sentenced to 12.5 years. (District Court Nitra file 4TO/103/2015-1914). Probation was cancelled, so 2 and a half years was added to 12.5, i.e. 15 years together in maximum level of guarding. My action never harmed anyone. Only myself and mainly my family, because I was addicted. In developed states people know the addiction is illness and they try to help, but this state ruined my life. And my family´s. At the moment I am 8th year in Leopoldov in maximum level of guarding among the worst criminals in Slovakia. Is this supposed to help me? Is it right? How is this destruction punishment going to help me? My family is managing hard. I have 7 years old daughter Laura. I have already lost my girlfriend and mother of my beloved daughter. She even got married in the meantime. I would not like to lose my daughter as well. It is the most important person in my life. I have not seen her for almost two years now. This is the biggest punishment for me, not being with her and see her growing up. It is my fault that I have taken drugs, but this destructive punishment I did not deserve. This state should start differentiating people addicted to drugs and people who want to become rich by selling drugs. Our judiciary does not make difference here. Well I got punishment as a member of criminal gang. In no country in the world you could get such draconic punishment only for 5 witnesses with almost no amount of drug found. We can only look to Czech Republic which has the criminal law set differently. Therefore I would like that somebody finally starts getting interested in this issue. I am not alone. There are more of us with similar stories. We are unable to find justice. I am no exceptionally serious criminal and my present behaviour in detention can prove that. I would be very glad and not only I, if this criminal act is amended and punishments would be justified as in neighbouring countries.

Thank you.

In Leopoldov 25.4.2021

Peter Krivosudský

Daniel

My name is Daniel and presently I serve my 6th year of my 12 years sentence in the strictest level of guarding. I was convicted for drugs, paragraph 172 sec 1 and 2, because I repeatedly committed the act and the charge was increased to 10-15 years, especially serious crime - this is only Slovak speciality. Apart from me and a few similar cases we are at the department with 60 murderers. My case is even more interesting, but I will try to describe it simply. For my whole life since I was 19, I worked as policeman. At the end of 2012, after 21 years in the rank of captain, I left the service and two months after that I found myself in detention. I worked at the department of specific designation of Police Corpse; I was tactics instructor at Police Unit at Regional Section in Trnava. In 2002 I was approached by people from special operation activities that I could be an agent for murders, etc. At the end in 2006 I joined the section and worked as reporting officer placed in underworld. I was a member of Piťovci clan; I was a bodyguard to head of Trnava underworld. I performed my work well at highly professional level. Of course, at my job, drugs appeared. I was incidental consumer, but it started affecting my life. It was a big pressure for my psychic. Since then I had many enemies in Police, they did not know I am still a policeman performing my duties. I was like an outlaw. Even at the time of my active service at Police Corps there was eminent interest in my arrest. I was given first punishment for keeping marihuana and when I got out of prison in 2014, I found out NAKA is still interested in me. Within a year I was arrested on basis of crazy addict testimony who was in prison for half a year and wanted to get free. Made-up accusation, nobody was interested in my defence, nothing was proven, house search in my absence, where they demonstrably brought several doses of pervitin in my flat and the result was 12 years in the third (maximum level of guarding). I lived orderly life and responsibly fulfilled duties for this state. I made mistakes, I am aware of it, but they destroyed me with this punishment. I am divorced; my son does not have a father. Nobody defended me and above all gentlemen from NAKA told everybody out there that I was working as agent. Can you imagine this situation in prison, when you have a child out there? I received supporting letter from my former employer, saying I am strong and I will make it. For such criminal offence people get probations in neighbouring countries and here 12 years. There is foul taste in my mount when I then see in news that punishment for Mr. Vadala was decreased to 6 years, he as a member of criminal gang smuggled tons of cocaine into Europe. It is a paradox that for the whole of my life I worked as policeman only in elite departments, I was one month out of service and since then in prison as the last garbage. This is how the state thanked me for my work. By this letter I want to send the message to people, who understand and know about problems of drug criminal offences, that WE ARE ALSO ONLY PEOPLE who made mistake but the punishment for this mistake is destructive. It affects not only me but also my family and surroundings. Please, take interest in mine and similar cases. There are many of us. I want to continue in being decent citizen of this country.

With regards Daniel.

Miloš (56 years)

In 1984 I married and with my wife (now ex) we have two children. I lived family and orderly life. At the end of 90s at turn of millennium, drugs became a big thing in Slovakia and I am sorry to admit that I gave in to it, not even suspecting what it could bring in future. At that moment my life turned for 180 degrees. My wife divorced me and I felt to the bottom. Of course drug addiction directly related to small illegal activity, mainly minor offences and malpractice. Unfortunately, nobody knew at the beginning, what drugs bring. Quite the opposite, at that time it was trendy to try and very many prosperous young people gave into temptation, and they became ruins. No anti-drug programs existed. Quite the opposite, groups of drug dealers emerged, who managed to thrive with impunity for 15/20 years and procure riches under protection of highly positioned policemen. I know what I´m talking about, because I have known those people for many years and they boasted about it. Gradually they became businessmen, for example opened car rentals etc. In 2007 I bought 5 g of pervitin from one such dealer for my own consumption. I was in detention awaiting punishment for long time and in 2013 I was sentenced to 29 months (paragraph 172/1). So sufficient punishment already served in detention. I was not alone who in this way bought drugs from the dealer and then was caught and convicted. In 2014 I procured 3.4 g of pervitin (methamphetamine) for my own use and then I was mysteriously and illegally arrested by two operational policemen. But because I was accused according to paragraph 172/1 and being already punished under the similar act in the past, automatically the accusation for next conviction went in accordance with paragraph 172/2a of Criminal Code, so the sentence range is from 10 to 15 years. This act belongs to especially serious crime (hereafter only serious crime). Exactly this is the absurd world unique case that as consumer of drugs I was sentenced for especially serious crime to 12 years of imprisonment in the strictest level of guarding. And that was not enough, I was on probation for small offences and this probation punishment for 2.5 years was added also in the strictest level of guarding and my total punishment is now 14.5 years. I definitely don´t want to deny my guilt, and I certainly deserve a punishment, but something like this is in my opinion not understandable even for people who hate drugs.

With regards Miloš Šárik

Vilo

My name is Viliam Wenger, I am from Lučenec and I was sentenced to long-term draconic 12.5 years punishment for keeping drugs for my need. I want to say that I am ordinary boy who lived in small family home with my father. In the past I was convicted but on probation. Therefore nobody wanted to employ me in Lučenec. My father is excellent painter, builder and tile liner. He knows his job so I started going to work with him and always on job contract. We did fine; we were always able to make some money. I also had a friend entrepreneur, who did heat cladding of houses so I went to work with him. I lived a normal and orderly life, fulfilled all my terms and not committed any criminal offence, not even a minor offence. I found a girlfriend Vanda, who moved in with me and we started living together. The only truth is that the girlfriend liked to take a drug such as marihuana and pervitin. I as former user then simply took it with her. The truth is that nobody knew it, not even father, mother or close friends that I take a drug. I was simply always at work during working days, with father, friend working and I always told my girlfriend Vanda to get some drug for the weekend. On Friday and Saturday I always took pervitin and the girlfriend also. I did not take marihuana, only my girlfriend did. Despite this thing we lead normal and orderly life, there was work, and I slowly repaired family house and even the thing I wished for the most came true. My girlfriend got pregnant, we were expecting a girl. And everything ended up the way that 6 doses of pervitin were found with us and some silly small doses of destroyed marihuana, which could not have been used. I was sentenced under file: 22 T/104/2015 according to §172 sec. 1. lett. c.d. of CC, sec. 2 lett. a) of CC as accomplice under § 20 of CC, where for keeping drug for own need the court awarded me 11 years and 1.5 years of probation, because I committed the offence repeatedly and thus I was exceptionally serious criminal. Girlfriend Vanda got three years on PROBATION! I simply did not produce anything, I did not sell, I hurt nobody, not imported anything, I only took drug at the weekend for my own need with my girlfriend and I was sentenced in such inappropriate horrible punishment only because there is § 172 sec. 2 lett. a) of CC, which says: PERSON WHO REPEATEDLY COMMITS DRUG OFFENCE SHALL BE PUNISHED BY 10 - 15 YEARS IN PRISON. It absolutely does not matter, if you are a dealer or user, it absolutely does not matter if you have 1 dose or 1 kg of drug. This does not exist anywhere in the world and I can compare it to aspiration which was against constitution and was cancelled. In this §, there is no difference in amount of drug and activity with drug. This is absurd for my committed criminal act. Like a garbage? My daughter was born when I was in prison and I named her VIVIEN. Girlfriend Vanda took care of her, wrote me, sent pictures, visited me with the daughter, but when she learnt about the length of my punishment 12.5 years, to tell it straight, she did not manage. Let´s face the truth, who could wait and after 6 years the girlfriend is somewhere abroad with new boyfriend. My daughter Vivien is properly cared for and raised by mother Gabika at the moment. We phone together every Saturday, we draw pictures for each other and every month we see each other through SKYPE. The worst of all was that this horrible punishment has broken my family. Father is suffering alone in my family house. Be it payments for the house, or work, or chores around the house. Alone for it all! Poor mother has enough to do with my daughter, but she is mine and she will do all for her to have everything she needs. The worst for me was, that I could not be with my daughter, when she said the first word, took first steps, to take her to pre-school for the first time, play with her, teach her to swim, bicycle and take her to swimming pool. There are many things I cannot take back. Sixth year serving punishment and my daughter will start in first year of elementary school; it is unbelievable that I cannot take her there. I am desperate, because I have already tried really all institutions, where you can appeal in Slovakia. At the moment I have my appeal to abate the punishment with President of SR, where they informed me that my issue is being moved to Minister of Justice. I deliver this address of mine by free will, so citizens of SR know that we are also people, who made mistake and I think that for such act as I have committed I do not deserve draconic punishment, where not only I suffer, but my family, my close ones the most. I hereby apply for understanding and change in Criminal Code and legal qualification, which at the moment is draconically strict for similar committed drug offence.

Thank you very much

With regards

Viliam Wenger

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Prešov: Sekčov Kaufland

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