The Varaždin Municipal Court acquitted a 34-year-old inmate from Koprivnice of drug possession charges, despite forensic testing confirming that items found in his room contained a prohibited substance. The verdict was issued after the court determined that the indictment failed to state what is necessary for a conviction.
According to the ruling, judicial police officers searched the 34-year-old's room in the Lepoglava Prison on 5 August 2024. During the search, they found a wooden tobacco box with tobacco, a razor blade from a disposable razor, a smoking pipe, and two pieces of paper measuring only a few millimetres. Due to suspicion that the items contained a synthetic cannabinoid, all were seized.
Subsequent forensic testing confirmed the presence of a synthetic cannabinoid, which is listed among prohibited psychotropic substances. The testing showed that the two tiny pieces of paper contained the prohibited substance. The police then filed an indictment against the inmate for drug possession.
However, the court found that a key error had been made in the indictment. The factual description stated that the disputed items were found in the space the inmate personally uses and were seized due to suspicion that they contained drugs. However, the description did not explicitly state that the accused possessed the drugs, which is a necessary element of the offence for which he was charged.
The court concluded that the act described in the indictment, regardless of the testing results, is not an offence under the law. Consequently, the 34-year-old was acquitted of the charge. Simultaneously, it decided that the tobacco box, tobacco, razor, pipe, and two pieces of paper be permanently confiscated.
