Background and goals: In 2006, new Criminal Code and Proceedings entered into force. New drug sections increased punishments for drug dealers and producers (who are defined also based on the quantity of possessed illegal drugs). When it comes to drug users, the emphases should be put on protective measures, such as treatment and alternative punishments. The project sought to compare the legislative intent manifested in the new legislation with the actual application, in judicial practice, of the relevant illegal drug possession statutory provisions. We focused on analyzing key stages of the process, including expert reports by psychiatrists that shall determine, if the person is or is not dependent on illegal drugs. Another goal of the report would be to set so called individual single dose for a given perpetrator. Methodology: In qualitative part, we have opted for case study method since it allows us to examine events in their context. We also worked with the primary data, e. g. we focused on collecting qualitative data as case studies from the direct participants in the process (psychiatric experts, investigators). In case of statistical data of the Ministry of Justice, we carried out full meta-analysis of the source data. Sample: The sample included 8 psychiatric experts from five regions of Slovakia. The second subgroup was investigators, where we collected 23 interviews with the case study and 2 interviews without. The third data set was statistics of the Ministry of Justice for the period of 1998-2007. This diabase contained total number of 10,214 cases, while we used 7,977 cases for our analysis 16. Conclusion: Producing expert reports determining addiction or potentially, individual single dose for a given client, is one of the key moments of the whole process for the perpetrator who committed a crime under § 171 or 172 (1) (d). Due to the existing status quo and existing limitations the report, can influence the whole process, including its results. Preparing psychiatric reports determining dependence on psychoactive substances, or assessing the overall health condition, different practice when it come s to a number of experts requested for a specific case (that depends primarily on the guidance from the district regional prosecutors office), can influence the length of the process and also the perceived legal transparency.

Key words: expert in psychiatry – possession of illegal drugs – problems in implementation of the law – legislative framework