A person is charged with committing criminal act under Article 23 (1) (3) in conjunction with Article 36 (1) sub “a” of Law No. 9/1976 on Narcotics. During the hearing, it was proven that the tree seed planted by the Defendant was marijuana tree. However, the Defendant DID NOT KNOW that the tree he planted was a marijuana tree. Besides, he never hid the tree, but placed it in front of his house so everyone can see it. With this fact, the Defendant’s act of planting marijuana tree was proven, but there was no unlawful element in the act. As a result, THE DEFENDANT LEGALLY MUST BE RELEASED FROM ALL CHARGES.
Supreme Court Decision No. 1867 K/Pid/1988
Regards,
Fredrik J. Pinakunary