Abstract
The author describes the German drug policy approach of “Therapy instead of punishment” and its legal ramifications. The substantive and formal requirements of the pertinent laws and their interpretations are identified. Four options are considered: (1) deferral of prison detention in favor of in-patient drug treatment; (2) deferral of prison detention in favor of both drug-free and drug maintenance outpatient treatment; (3) refraining from prosecution and sentencing; and (4) deferral of prison detention in favor of outpatient treatment.
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