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| en:thc_recht:strafbefehle_2020 [2024/06/08 13:26] – [summary penalty orders due to imports of hemp seeds] sos | en:thc_recht:strafbefehle_2020 [2026/09/24 13:15] (current) – fabian | ||
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| ====== Summary penalty orders and documents 2020 ====== | ====== Summary penalty orders and documents 2020 ====== | ||
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| Customs not only confiscates hemp seeds, also hash ordered abroad or as in this case weed get caught there. Even if it is only a small amount (up to 10 grams), the ordering person is still questioned. After all, only questioned in writing and not summoned. But a minor amount of cannabis is exempt from punishment, isn't it? Yes, but only if it is for personal consumption. Otherwise, possession is a misdemeanor (with a criminal record entry)! Only if it becomes clear that the ordered cannabis should have been used for personal consumption, | Customs not only confiscates hemp seeds, also hash ordered abroad or as in this case weed get caught there. Even if it is only a small amount (up to 10 grams), the ordering person is still questioned. After all, only questioned in writing and not summoned. But a minor amount of cannabis is exempt from punishment, isn't it? Yes, but only if it is for personal consumption. Otherwise, possession is a misdemeanor (with a criminal record entry)! Only if it becomes clear that the ordered cannabis should have been used for personal consumption, | ||
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| ====== Form for the small amount of cannabis from Ticino ====== | ====== Form for the small amount of cannabis from Ticino ====== | ||
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| This is the first police form that we know of that is entirely dedicated to the topic of " | This is the first police form that we know of that is entirely dedicated to the topic of " | ||
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| ====== Summary penalty orders due to imports of hemp seeds ====== | ====== Summary penalty orders due to imports of hemp seeds ====== | ||
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| The third example is special. Here, the first intercepted delivery and the second replacement delivery of the hemp seed dealer were counted as two independent transgressions and so this resulted in a standard fine of the municipal judge' | The third example is special. Here, the first intercepted delivery and the second replacement delivery of the hemp seed dealer were counted as two independent transgressions and so this resulted in a standard fine of the municipal judge' | ||
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| A relatively low fine from the public prosecutor of the Canton of Bern: | A relatively low fine from the public prosecutor of the Canton of Bern: | ||
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| Here is the double count of a hemp seed order by the municipal magistrate' | Here is the double count of a hemp seed order by the municipal magistrate' | ||
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| ====== Letters and questionnaires about hemp seeds ====== | ====== Letters and questionnaires about hemp seeds ====== | ||
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| ==== The first variant ==== | ==== The first variant ==== | ||
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| ==== The second variant ==== | ==== The second variant ==== | ||
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| ==== A summons from Aargau ==== | ==== A summons from Aargau ==== | ||
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| The questionnaires exist mainly in Zurich and Baselland. More widespread in the hemp seed import cases are still the police summonses. Here is an example from Aargau (in the form of a " | The questionnaires exist mainly in Zurich and Baselland. More widespread in the hemp seed import cases are still the police summonses. Here is an example from Aargau (in the form of a " | ||
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| This example shows how long it can take from contravention to summary penalty order (several years in this case). The contraventions almost became time-barred (they do so after three years). The fine (250 francs) is within the usual range, the fees and costs are rather high, so that the invoice amount finally comes to 800 francs. | This example shows how long it can take from contravention to summary penalty order (several years in this case). The contraventions almost became time-barred (they do so after three years). The fine (250 francs) is within the usual range, the fees and costs are rather high, so that the invoice amount finally comes to 800 francs. | ||
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| ====== Discontinuation order Basel-City ====== | ====== Discontinuation order Basel-City ====== | ||
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| It was actually only a minor amount (unpunishable), | It was actually only a minor amount (unpunishable), | ||
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| ==== The cost statement from accounting ==== | ==== The cost statement from accounting ==== | ||
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| ==== The list of the seized material ==== | ==== The list of the seized material ==== | ||
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| ==== The receipt for securing ==== | ==== The receipt for securing ==== | ||
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| ==== The report of the police ==== | ==== The report of the police ==== | ||
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| In this case, a statement by another defendant led to a presumption of aiding and abetting in the trade. Assisting in packing is also a misdemeanor, | In this case, a statement by another defendant led to a presumption of aiding and abetting in the trade. Assisting in packing is also a misdemeanor, | ||
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| Traces of THC in the blood are enough for a conviction. Here is a typical summary penalty order the first time. Again, it already costs over 3,000 francs, plus there is an entry in the criminal record. | Traces of THC in the blood are enough for a conviction. Here is a typical summary penalty order the first time. Again, it already costs over 3,000 francs, plus there is an entry in the criminal record. | ||
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| Here it is a bit more favorable, but still: 2'500 francs. Decisive for the punishment was driving under drugs, which is a misdemeanor. Cultivation and possession for personal use, on the other hand, is a trifle (contravention). | Here it is a bit more favorable, but still: 2'500 francs. Decisive for the punishment was driving under drugs, which is a misdemeanor. Cultivation and possession for personal use, on the other hand, is a trifle (contravention). | ||
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