Autor: Adrian Stan
Publicat în: Revista Universul Juridic nr. 10/2018
Disponibil online: aici.
Abstract: A new question on the issue of law in criminal matters filed on 8 October 2018 on the
High Court of Cassation and Justice gives us the occasion forsome interesting observations
on the offenses provided by Law no. 143/2000. This Law issues are not new, as they are
already noticed by judiciary practise and doctrine, but the very recent occasion given to the
Supreme Court will lead to a binding solution in the matter.
The ordinary court asks the High Court to rule on the question whether „the sole
action of transport, namely the unauthorized possession of high-risk or high-risk drugs in
the territory of another State and then on the territory of Romania may constitute the
material element of the offenses prev. by art. 3 and art. 4 of Law no. 143/2000 in a formal
offense plurality or constitutes the only single offense prev. by art. 4 of Law no. 143 / 2000”.
In fact, the essence of the question is whether the introduction of drugs into the country, in
the case of substances for own consumption, will or will not bring the author’s criminal
responsibility as a distinct act and a severe penalty.
Our study will have as a final point the presentation of some arguments on the
controversial issue brought to the Supreme Court, but it is necessary first to observe the
context in which the question of law emerged. Next, we will briefly present two other cases
on which binding decisions have been pronounced on drug trafficking, relevant to the
concept of crime plurality, and the perception of the Supreme Court over
detaining/trafficking prohibited substances.
Our study is rather a presentation and analysis of many arguments rather than a
radical expression of any opinion on the question of law. However, in our conclusion, we
believe that considering the opinion of the majority of judicial practice, the arguments of
equity, reason and purpose of criminal law and the proportionality also, the solution of one
offence and the attenuated liability of the consumer who buys drugs from abroad is the
correct one.
Keywords: drug trafficker, drug consummer, equity, plural offences, introducing drugs in the
country, proportionality.
