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المخدرات والسياسة الجنائية الفلسطينية الحديثة في مواجهتها: دراسة في آليات قانون المخدرات الفلسطيني رقم 18 لعام 2015 في احتضان الضحية وضمانات تحطيم الوصم الاجتماعي

Published Vol. 4, No. 3 (2026) Field: and criminal policy Language: EN DOI: 10.70170/wbysd98700004

Abstract

Although the Palestinian Law on Narcotics and Psychotropic Substances No. (18) of 2015 has a modern and important approach to dealing with drug users from a therapeutic and rehabilitative perspective, the available literature and studies still show limitations in assessing the effectiveness of this approach and its application on the ground. The gap is not only in the existence of legal texts, but also in the extent to which they are translated into applicable therapeutic and social policies and practices. Therefore this study aims to identify the role of the Palestinian Narcotics Law No. 18 of 2015 in supporting the victim and breaking down social stigma. The study's problem is summarized in the main question: "What are the mechanisms of the Palestinian Narcotics Law No. 18 of 2015 in supporting the victim and guarantees to break down social stigma?" The importance of the study lies in its shedding light on how Decree-Law No. (18) of 2015 addresses the phenomenon of substance abuse, not as a purely criminal act, but as a pathological condition that requires therapeutic intervention, with a focus on the legal guarantees that protect the recovering person from social stigma.
The study is divided into three topics:
- First: The Conceptual and Legal Framework of Terminology
- Second: Mechanisms for Victim Support in Palestinian Legislation
- third: Legal Guarantees for Breaking Down Social Stigma
The study concluded with a set of findings and recommendations, the most important of which are: Law No. (18) of 2015 concerning combating narcotics and psychotropic substances and its amendments (Law No. 26 of 2018) is considered the cornerstone of modern Palestinian criminal policy, as it moved from a punitive perspective to a therapeutic, rehabilitative, and humanitarian perspective. Palestinian Law No. 18 of 2015 concerning combating narcotics is considered a law that works in its entirety to embrace the victim and guarantees to break the social stigma. Scientific studies have confirmed that there is a gap between the provisions of the law, which works to embrace the victim and guarantees to break the social stigma and protect confidentiality on the one hand, and societal awareness, which still practices stigma on the other hand. Legal protection for the user who comes forward for treatment and recovery voluntarily is the strongest tool to combat the spread of the phenomenon of drug use and addiction.
Among the most important recommendations are: Work to activate legal rehabilitation, as there is an urgent need to explicitly mention the removal of the criminal record in the legislative text for the recovering person, as soon as the final recovery report is issued by the clinic supervising treatment and rehabilitation, to ensure that he is not pursued in the certificate of no criminal record, and to work in partnership with governmental and private media institutions to launch national campaigns that highlight the humanitarian aspect of Palestinian law in its endeavor to change society’s view of the drug user from contempt to inclusion.

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How to cite

الدكتور خالد طه محمد أبو ظاهر, الدكتور توفيق" عزات فريد" محمود أبو حديد, الدكتور محمد بدوسي (2026). المخدرات والسياسة الجنائية الفلسطينية الحديثة في مواجهتها: دراسة في آليات قانون المخدرات الفلسطيني رقم 18 لعام 2015 في احتضان الضحية وضمانات تحطيم الوصم الاجتماعي. Stardom Scientific Journal of Legal and Political Studies. 4(3). https://doi.org/10.70170/wbysd98700004