20+ years of criminal law experience
more than 2000 criminal cases.
more than 2000 criminal cases.
Protecting human health is of paramount importance in every constitutional state, as the well-being of individuals and the stability of society largely depend on the prevention and punishment of acts that endanger health.
This offence concerns intoxicating substances such as narcotics, solvents, or certain medicines. According to the law, only persons over the age of 18 can be perpetrators, while the victim must be under 18.
Two forms of conduct are recognised:
However, if the act constitutes a more serious offence (e.g. abuse of new psychoactive substances), it is not punished separately.
The law criminalises the abuse of performance-enhancing substances. Previously, the Criminal Code already penalised this conduct, but the Constitutional Court annulled the provision in 2000 for reasons of legal uncertainty. At the same time, it recognised that the use of such substances in professional or competitive sports is socially dangerous, and therefore legislators may enact appropriate rules.
The law does not punish doping use but rather the distribution of prohibited performance-enhancing substances. These include anabolic agents, peptide hormones, growth factors, and other substances listed on the Prohibited List of the Anti-Doping Convention.
A prohibited substance is any performance-enhancing agent marketed without authorisation and appearing on the updated list maintained by WADA. The list distinguishes between substances banned at all times and those banned only during competition periods.
The law punishes the manufacture, offering, transfer, distribution, and prescription of such substances (including through medical or veterinary prescriptions). It does not sanction users but distributors. The intent to enhance sports performance applies to all sporting activities, and the offence can only be committed with direct intent.
The distribution of counterfeit medicines has become an increasing global problem. With the expansion of online commerce, the illegal pharmaceutical market has grown significantly.
The law criminalises the falsification of medicines and veterinary products, as well as the production of their counterfeit versions. A substance qualifies as counterfeit if it gives the impression of being genuine, regardless of how perfect the imitation is. It need not be identical to the original; it suffices if it is capable of misleading.
Falsification means modifying an existing original product, while counterfeiting refers to creating a new product resembling the original but actually fake. The method of execution is irrelevant from a legal standpoint.
The criminalisation of counterfeiting healthcare products was introduced to comply with the Medicrime Convention.
The Convention applies broadly to healthcare products, including not only medicines and veterinary products but also medical devices. However, the Criminal Code distinguishes between general healthcare product counterfeiting and the specific offence of “Counterfeiting of Medicines”, which provides stricter criminal sanctions.
Thus, while the counterfeiting of healthcare products is regulated in general terms, medicines and veterinary products are subject to special, more severe criminal provisions.
The law punishes anyone who performs medical activities without a qualification, particularly if done regularly or for financial compensation.
Medical practice — including diagnosis, prescribing medicines, and performing surgery — may only be carried out by qualified doctors. Alternative healing may only be performed with proper certification and in compliance with regulations, and cannot fully replace medical care.
Providing treatment or diagnosis without a medical licence qualifies as quackery and is punishable.
Regular or profit-based unauthorised activities are punishable. If the conduct results in a more serious offence, the perpetrator may be held liable under stricter provisions.
The aim of regulation is to protect the credibility of medical care and ensure patient safety.
The offence of abuse of poison protects human health and criminalises unauthorised activities involving poisonous substances. The definition of “poison” is set by specific laws and regulations.
This offence can only be committed intentionally, not negligently. Failure to comply with mandatory safety measures involving poisons is also punishable; however, an attempt is not punishable in such cases.
Provisions on poisons are set out in several legal instruments (e.g. the Act on Chemical Safety and related decrees). If the act results in a more serious offence (such as bodily harm or endangerment at work), a more severe punishment may be imposed.
The law protects public health and punishes anyone who manufactures, stores, or distributes consumer products harmful to health.
A consumer product is any product widely used or consumed that is not classified as a narcotic drug or psychotropic substance. The harmful nature arises from abnormal properties — for example, manufacturing defects, spoilage, or counterfeiting.
The law imposes more severe penalties if the harmful product actually reaches the market, as this poses a greater danger to public health.
