Drug monitoring room: a valuable alternative for problematic drug users
The drug tracking room (DOK) is a collaboration between the court of first instance, the prosecutor's office, the justice center and drug counseling.
The creation of the "chamber" resulted primarily from the need for a alternative and chain-based approach to drug-related crime, where the offender's addiction problems are at the root of the offenses.
Accordingly, the DOK's goal is to help drug addicts keep perpetrators out of the traditional justice system so that they can work on their rehabilitation and this before there is a final judgment; this means, of course, that perpetrators of drug offenses acting purely for profit are not eligible.
To qualify, defendants must have a request for help, not dispute the facts, show minimal culpability, and still have a favorable criminal history.
The procedure for the drug succession chamber is phased.
In the first phase the prosecution will decide whether or not to summon a suspect to the drug prosecution chamber. Importantly, the offender - or his attorney - can also make a request to the prosecution to refer him to the drug prosecution chamber. When the defendant is effectively subpoenaed to the drug prosecution chamber, the prosecution sends a notification to the courthouse asking for a social survey and drug prosecution chamber plan (DOK plan).
This DOK plan contains the follow-up pathway that the offender will follow. It will include conditions that relate to his current issue(s) with the understanding that the conditions are modifiable during the pathway. It is intended that the social report and DOK plan be in place by the first correctional hearing.
In the second phase - during the first correctional hearing, or introductory hearing - the prosecution presents the facts and demands a sentence. At this hearing, the presiding judge verifies whether or not the person concerned acknowledges the facts and whether or not he is willing to comply with the established conditions. In the affirmative case, the person concerned signs the DOK plan and his case is remanded for one month.
In the third stage follow-up hearings are then organized, with the case normally adjourned monthly by the president. In the meantime, the defendant is subjected to drug testing to verify that his addiction is under control. It is important to note here that a positive test does not necessarily mean the end of the proceedings.
Throughout the proceedings, the justice assistants play a crucial role. It is they who monitor the course of the DOK plan and are present at the DOK hearings to explain the course of the proceedings and formulate any opinions to the court.
Experience tells us that this alternative can indeed bear fruit and benefit rehabilitation. The fact that the person is kept out of the traditional criminal justice system while working on the core of his problems can only be encouraged.
The full counseling program can last up to 12 months.
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