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Amnesty-Regulation in Cannabis-Law engages Justice

For about three months, the law for partially legalizing Cannabis has been in effect. Due to the amnesty provision in it, numerous criminal proceedings must be reviewed - even to the detriment of other investigations.

Since April 1st, possession of certain quantities of Cannabis, private cultivation, and consumption...
Since April 1st, possession of certain quantities of Cannabis, private cultivation, and consumption of the drug are permissible in public throughout Germany for people over 18 under certain conditions (archive image).

Prosecution in Saxony - Amnesty-Regulation in Cannabis-Law engages Justice

The examination of over 29,200 pending Cannabis cases in the context of the widespread legalization of Cannabis puts additional strain on the already high workload of prosecutors in Saxony. The "immense" effort required causes a "significant increase" in work for prosecutors and also heavily burdens courts and offices, as the General Prosecutor's Office reported upon request.

Over 673 cases with dismissals and 1,030 cases where sentences were reduced or newly set have been reviewed so far. Eleven inmates have been released due to dismissals or because their actual served time exceeded the court-ordered sentence. However, one person remained in custody for another reason.

"A large number of additional cases" for courts

The reason for the case check is the amnesty regulation contained in the new law for old cases. It applies particularly to ongoing investigative proceedings and judgments in which fines have not been paid or prison sentences have not been served. These proceedings must be reviewed to determine whether they fall completely or partially under the intended amnesty.

Given the already strained personnel situation, this leads to growing case piles, and other investigations remain unresolved. However, the General Prosecutor's Office is not yet aware of any negative consequences. The Ministry speaks of "significant additional effort," which "cannot be avoided despite intensive preparation."

A spokesperson for the courts stated, "a large number of additional cases" will come to the criminal courts. And if the regulation for the deletion of entries from the Federal Central Register comes into effect on January 1, 2025, it is calculated that there will be an additional increase in the workload in prosecution offices.

  1. The strain on the prosecutors in Saxony due to the legalization of Cannabis is evident in the examination of over 29,200 pending Cannabis cases, leading to an "immense" workload and a "significant increase" in their workload.
  2. In the context of the amnesty regulation, courts in Dresden and other parts of Saxony are preparing for a "large number of additional cases" as a result of the review of old Cannabis cases under the new law.
  3. The legalization of Cannabis and the subsequent examination of cases have raised concerns about the health impact of Cannabis, leading to discussions about the potential criminality associated with its use.
  4. Despite the challenges, the Justice system in Saxony, including prosecutors, courts, and offices, are endeavoring to handle the additional workload, recognizing the need for a fair and just approach to Cannabis-related cases.

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