MPs last week unanimously backed a sweeping amendment to the Criminal Code that emphasises alternative sentences, simplifies the punishment of several drug offences, relaxes rules on cannabis and allows for psilocybin treatment. The reform also includes the introduction of a “child certificate” to protect children from abusers.
The amendment strengthens the role of alternative penalties, in particular financial penalties, which judges will now be able to impose for virtually any offence, except in serious cases (such as rape), where they will remain in addition only to unconditional sentences In order to simplify the approach to minor offences, the rates for repeated theft and dissemination of extremist or terrorist ideas are reduced. This is a significant step towards saving state resources and reducing the number of people in prison.
MPs have increased the limits for home possession and cultivation of cannabis – up to 100g can be legally possessed outside the home and up to 200g at home. Cultivation of up to four plants is now an offence, with more than four already committing a criminal offence. The law also regulates the rates for cannabis offences and comes with the option of medically supervised treatment with psilocybin, reflecting the modern approach to healthcare and treatment of mental illness.
The reform introduces the so-called child certificate, which blocks contact with children for those found by the court to have committed serious crimes. Offenders sentenced to five or more years in prison will be registered for up to 100 years – de facto for life. Less serious offenders will remain on the register for 20 years. The certificate is required for a range of professions – from teachers to coaches to social workers.
This amendment represents the most significant change to criminal law in 16 years, striking a balance between modernisation, public protection and the effective use of justice in international comparison. Following approval by the House, it now heads to the Senate and is due to come into force from January next year.
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