Rights of the Accused in Drug Cases in Jordan

The rights of the accused in drug cases in Jordan represent a fundamental axis in achieving a balance between the strictness of criminal legislation and the guarantees of a fair trial. Drug case categories vary between trafficking, possession with intent to use, promotion, and smuggling, and each category has its own legal definition and different nature of accusation, which requires distinct legal treatment that takes into account the circumstances of each case.

The Jordanian judicial system plays a pivotal role in combating drugs, seeking to punish perpetrators of serious crimes while providing opportunities for reform and rehabilitation for less dangerous categories, all while ensuring respect for the rights of defense and human dignity of all accused persons.

Rights of the Accused in Drug Cases in Jordan

The Narcotic Drugs and Psychotropic Substances Law No. (23) of 2016 defines the accused in drug cases as any person to whom the commission of any act prohibited under the law is attributed, whether it be use, possession, trafficking, smuggling, or cultivation of plants that produce narcotic substances. The nature of the accusation differs depending on the type of narcotic substance, its quantity, and the intent behind possession.

The Jordanian Constitution and the Code of Criminal Procedure guarantee the accused fundamental rights beginning from the moment of arrest, including:

The right to remain silent.
The right to have family members notified.
The right to retain a lawyer for defense.
The right to a fair and public trial within a reasonable period.
The presumption of innocence until guilt is proven by a judicial ruling.

The law distinguishes between the user and the dealer in terms of punishment and legal treatment, granting the user—especially a first-time offender—an opportunity for reform and treatment instead of punishment. The accused is also subject to legal procedures that guarantee the rights of defense and a fair trial in accordance with the Code of Criminal Procedure.

Rights of the Accused in Drug Cases

Categories of Drug Cases in Jordan

Drug cases in Jordan are classified into several main categories, which differ in their legal definition, penalty, and the rights of the accused in drug cases in Jordan applicable to them. These include:

Use cases, which relate to the use of narcotic substances for personal consumption, where the accused is given an opportunity for treatment instead of punishment.
Possession cases, which include possessing narcotic substances with intent to use or to traffic, with the features of the case determined based on the evidence.
Promotion cases, which involve distributing or facilitating the circulation of drugs, and are considered among the serious crimes whose perpetrators receive harsher penalties.
Trafficking and smuggling cases, which include organized operations and crimes, with penalties reaching hard labor or the death penalty in cases of cooperation with international criminal organizations.

The court grants greater flexibility in dealing with rights in use cases "particularly individuals with no prior record," while resorting to imposing the maximum penalty on individuals involved in cases connected to international organizations.

The Jordanian Criminal Legal System and the Rights of the Accused

The Jordanian criminal legal system guarantees the accused in drug cases a comprehensive set of criminal rights that ensure a fair trial, including for example:

The right to the presumption of innocence, whereby the accused is considered innocent until proven guilty by a final judicial ruling.
The right to a public and fair trial, in terms of court sessions being held in the presence of the accused and their lawyer.
The right to retain a lawyer and access the investigation file from the outset.
The right to present evidence and defenses and to request the opening of pleadings to respond to the charges brought.
The right to the assistance of a legal interpreter if the accused, being a foreigner, does not speak Arabic well.
The right not to be coerced into making statements that establish guilt.
The inadmissibility of extracting confessions under threat or torture.
The investigator is obligated to remain impartial and to seek evidence of both guilt and innocence alike, while documenting all investigation procedures to ensure integrity.

These guarantees are a fundamental pillar for achieving justice and protecting individual rights, as they are safeguarded under the Constitution and the Code of Criminal Procedure.

The Right of the Accused to Challenge Arbitrary Arrest and Detention

The rights of the accused in drug cases in Jordan include the right to challenge arbitrary arrest and detention, as detention is considered one of the most serious measures affecting the accused's liberty. In this regard, the Jordanian legislator has been keen to put in place strict guarantees that preserve the civil and criminal rights of the accused, including for example:

Article (8) of the Jordanian Constitution stipulates that "no person may be arrested or imprisoned except in accordance with the provisions of the law," while Article (7) guarantees "protected personal freedom."
No person may arrest or detain another except by order of a competent authority, and only in cases of being caught in the act (flagrante delicto).
When making an arrest, the judicial police officer is obligated to read the arrest warrant to the accused, inform them of the reason for the arrest, and prepare an official record thereof.
Prisons and detention centers are subject to periodic inspection by members of the Public Prosecution and the courts to verify the legality of the detention.
A detainee has the right to file a complaint with the Public Prosecution if they believe their detention is arbitrary or unlawful, and citizens are required to report any unlawful detention to the Prosecution.
Detention is justified only to ensure the accused's appearance at trial, protect society, or prevent them from destroying evidence or tampering with witnesses, and not for the purpose of punishment before guilt is proven.

Rights of the Accused in Drug Use Cases

Jordanian law criminalizes drug use under Article (9) of the Narcotics Law, whereby the user is punished with imprisonment from one to three years and a fine of up to three thousand dinars. However, the law grants the user a valuable "first-time" opportunity, whereby the act is not considered a criminal record or a security record.

Upon the arrest of a user, the court may, instead of imprisonment, order that the person be placed in a specialized treatment facility, or in a psychological and social clinic, according to a program set by the specialized physician, with complete confidentiality of the user's identity being maintained during treatment.

In this context, it should be noted that the law does not initiate the public right lawsuit against the user if they, on their own initiative or through a relative, approach the security center to request treatment before being apprehended.

Rights of the Accused in Drug Cases

Rights Guaranteed to Drug Users in Jordan

The Correction and Rehabilitation Centers Law No. (9) of 2004 guarantees drug users multiple rights, the most important of which are:

The impermissibility of using force and violence against inmates except in cases of utmost necessity.
Ensuring a fair and transparent trial.
The impermissibility of putting them to work unless the ruling stipulates so, and for rehabilitation purposes only.
The inviolability of searching homes without judicial permission.
Inmates are classified according to age and type of crime in order to separate drug users from accused persons classified as high-risk.
Providing health and social care.
The law guarantees the accused the right to communicate with the outside world, receive visitors, and appoint and meet with a lawyer.

Penalties are imposed on persons against whom a final ruling has been issued referring them to correction and rehabilitation centers after their arrest, in addition to fines collected by the competent execution departments. During trial proceedings, temporary measures may also be taken, such as a travel ban of 90 days beginning after the end of the sentence period.

Best Drug Crimes Lawyer Office in Jordan

Attorney Yasmin Abu Hadba's office is a trusted choice for obtaining professional legal support in drug cases, as the office combines deep legal expertise with a precise understanding of the details of the Jordanian judicial system. The office provides comprehensive legal services, including defending the accused across various categories of drug cases, from use to the more complex cases such as trafficking and smuggling, with a focus on protecting the rights of the accused and ensuring a fair trial.

Our office relies on well-studied defense strategies and precise analysis of evidence and procedures, which enhances the chances of achieving the best legal results. The office is also keen to provide clear and transparent legal consultations and to accompany clients through all stages of the case with a high degree of professionalism and complete confidentiality. Choosing Yasmin's office is a step towards a strong legal defense based on knowledge, experience, and full commitment to your rights.

Frequently Asked Questions

What are the basic rights of the accused in drug cases in Jordan?

The accused enjoys fundamental rights including the presumption of innocence, the right to remain silent, the right to retain a lawyer, and a fair and public trial. They also have the right to have their family notified, not to be coerced into confessing, and to have their human dignity respected throughout all stages of investigation and trial.

Does the accused have the right to retain a lawyer in drug cases?

The accused has the right to retain a lawyer from the moment of arrest or investigation. The lawyer ensures the review of legal procedures, access to the case file, the presentation of defenses, the challenging of evidence, and representation of the accused before the court to guarantee a fair trial in accordance with Jordanian law.

What guarantees exist to prevent arbitrary detention?

No person may be arrested except by judicial order or in cases of being caught in the act, and the accused must be informed of the reason for the arrest with the procedures officially documented. Detention centers are also subject to oversight by the Public Prosecution to ensure the legality of the arrest and prevent any arbitrary detention.

The rights of the accused in drug cases in Jordan represent a model for attempting to achieve a balance between legal deterrence and humane protection, while taking into account the rehabilitative dimension especially in cases of drug use, and they serve as an indicator of the development and fairness of the judicial system.

Learn more:Appeal by Cassation in Drug Cases before the State Security Court in Jordan

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