Published: 2024-12-30

Legal highs as substances harmful to health constituting a feature of the crime of Article 165 § 1 item 2 of the Penal Code

Ryszard A. Stefański Logo ORCID

Abstract

The article analyses “legal highs” in the context of recognising this substance as a substance harmful to health, covered by the crime of causing a threat to the life or health of many people (Article 165 § 1 item 2 of the Penal Code). Legal highs fall within the definition of both a substitute (Article 4 item 27 of the Act of 29 July 2005 on Counteracting Drug Addiction) and a new psychoactive substance (Article 4 item 11a of the Act on Drug Addiction). Nevertheless, the greatest axiological justification is to recognise them as a substitute. This already determines from the normative point of view their harmfulness to health. Not every legal high contains, by its nature, substances so harmful to humans that its use always results in a threat to the life or health of many people.

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Stefański, R. A. (2024). Legal highs as substances harmful to health constituting a feature of the crime of Article 165 § 1 item 2 of the Penal Code. Problemy Prawa Karnego, 8(2), 1–26. https://doi.org/10.31261/PPK.2024.08.02.05

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Vol. 8 No. 2 (2024)
Published: 2024-12-31


ISSN: 0208-5577
eISSN: 2353-9712
Ikona DOI 10.31261/PPK

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Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

Licence CC Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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