Autor: Ruxandra RĂDUCANU
Publicat în: Revista de Științe Juridice nr. 2/2019
Disponibil online: aici.
Problems of judicial theory and practice in relation to illegal drug
trafficking and consumption
Abstract: The regulation of offences involving drug trafficking and other illicit drug operations required a thorough presentation in the material element of the incrimination of all possibilities and actions related to the commission of the act, so as to cover the entire scope of the ways of committing these offences. The enumeration, in the constitutive content of the drug trafficking offence, of the multiple ways of committing the act raised the problem of the correct delimitation of the offence consumed by the attempt considering that one of the criminal activities had not been fully carried out. Another difficulty in the matter of these offences is related to the legal classification of the act in case of possession of drugs for one’s own use that were not reported to the customs at the time of the transit. This article aims to highlight the theoretical elements and practical arguments which outline the solutions to these problems.
Keywords: drug trafficking; completed offence; attempt; drug use; drug possession.