DRAGOJEVIĆ v. CROATIA JUDGMENT
10
Article 35
“Everyone has a right to respect for and legal protection of his private and family
life, dignity, reputation and honour.”
Article 36
“Freedom and confidentiality of correspondence and all other forms of
communication are guaranteed and inviolable.
Only the law may provide for restrictions necessary for the protection of national
security or the conduct of criminal proceedings.”
53. The relevant part of section 62 of the Constitutional Court Act
(Ustavni zakon o Ustavnom sudu Republike Hrvatske, Official Gazette
no. 49/2002) reads as follows:
Section 62
“1. Anyone may lodge a constitutional complaint with the Constitutional Court if he
or she deems that an individual act on the part of a State body, a body of local or
regional self-government, or a legal person with public authority, concerning his or
her rights and obligations or a suspicion or accusation of a criminal deed, has violated
his or her human rights or fundamental freedoms or his or her right to local or regional
self-government guaranteed by the Constitution (hereinafter “a constitutional right”)
...
2. If another legal remedy exists in respect of the violation of the constitutional right
[complained of], a constitutional complaint may be lodged only after that remedy has
been used.”
2. Criminal Code
54. The relevant part of the Criminal Code (Kazneni zakon, Official
Gazette no. 110/1997, 27/1998, 129/2000, 51/2001, 105/2004, 84/2005,
71/2006) provides:
Title thirteen (XIII) Criminal offences against the values of international law
Abuse of Narcotic Drugs
Article 173
“ ...
(2) Whoever, without authorisation, manufactures, processes, sells or offers for sale
or buys for the purpose of reselling, keeps, distributes or brokers the sale and purchase
of, or, in some other way and without authorisation, puts into circulation, substances
or preparations which are by regulation declared to be narcotic drugs, shall be liable to
a minimum sentence of three years’ imprisonment.”
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