ANALIZĂ COMPARATIVĂ PRIVIND INFRACŢIUNILE DE CONDUCERE A UNUI VEHICUL SUB INFLUENŢA SUBSTANŢELOR PSIHOACTIVE ŞI DEŢINERE DE DROGURI PENTRU CONSUM PROPRIU
COMPARATIVE ANALYSIS OF THE OFFENCES OF DRIVING A VEHICLE UNDER THE INFLUENCE OF PSYCHOACTIVE SUBSTANCES AND POSSESSION OF DRUGS FOR OWN USE

Summary/Abstract: The driving of a vehicle for which the law stipulates the obligation to hold a driving license by a person under the influence of psychoactive substances is incriminated by art. 336 para. 2, 3 of the Criminal Code, and the possession of risk and high-risk drugs for personal consumption, without right, is incriminated by art. 4 of Law no. 143/2000. The legal object of the crime of driving a vehicle under the influence of psychoactive substances consists in the whole of the social relations regarding the safety of traffic on public roads. In the case of offenses relating to possession of drugs for personal consumption, the legal object consists in all social relations concerning the physical and mental health of the drug user. The material object of the offenses regarding the possession of drugs for personal consumption is the risk or high-risk drugs, mentioned in the annexed tables no. I-III of Law no. 143/2000. The offense of driving a vehicle under the influence of psychoactive substances has no material object, these substances being only the means of committing the crime. The active subject of the crime of driving a vehicle under the influence of psychoactive substances can be any physical person, in simple form, or certain categories of persons, in aggravated form (art. 336 para. 3 of the Criminal Code), in which case the subject is qualified. The passive subject is the state. In the case of offenses of possession of drugs for personal consumption, the active subject is qualified, being a drug user. The main passive subject is the same as the active subject, respectively the perpetrator of the crime who bears the consequences of his own deeds, by affecting his physical and mental health; the secondary passive subject is the state. The material element of the crime of driving a vehicle under the influence of psychoactive substances consists in the action of driving on public roads in the circumstances provided by art. 336 para. 2, 3 of the Criminal Code. In the case of offenses regarding the possession of drugs for personal consumption, the material element is the action of possession of risk and high-risk drugs in the circumstances provided by art. 4 of Law no. 143/2000. In the case of both categories of crimes, the immediate consequence is the production of a state of danger regarding the social relations that are the object of criminal protection. The form of guilt required by law for the existence of the crime of driving a vehicle under the influence of psychoactive substances is direct or indirect intent. Regarding the possession of drugs for personal consumption, the form of guilt is the direct intention, qualified by purpose. Preparatory acts and attempted acts are not punishable in the case of driving a vehicle under the influence of psychoactive substances. The consumption of the crime takes place when the vehicle is set in motion and driven on the public road. This crime can be committed in continuous or continued form - the moment of exhaustion coincides with the stopping of the vehicle or its exit from the public road. In the case of offenses of possession of drugs for personal consumption, the attempt is punishable. The consumption of the crime takes place when the risk or high-risk drugs comes into the possession of the consumer. These crimes can be committed in continuous or continued form - exhaustion occurs when the drug is out of the consumer's control. The act of driving a vehicle under the influence of psychoactive substances, provided by art. 336 para. 2 of the Criminal Code, is sanctioned with imprisonment from 1 to 5 years or with a criminal fine. Driving a vehicle in the circumstances provided by art. 336 para. 3 of the Criminal Code (aggravated form) is punished more severely, with imprisonment from 2 to 7 years. Possession of risk drugs for personal consumption, without right, is punishable by imprisonment from 3 months to 2 years or a criminal fine, and possession of high-risk drugs, in the same circumstances, is punishable by imprisonment from 6 months to 3 years. The criminal investigation for driving a vehicle under the influence of psychoactive substances is carried out by the criminal investigation bodies of the judicial police. The judgment in the first instance is within the jurisdiction of the local court. In the case of offenses related to possession of drugs for personal consumption, the criminal investigation is carried out, obligatorily, by the specialized prosecutors within the Directorate for the Investigation of Organized Crime and Terrorism. The judgment in the first instance is within the jurisdiction of the law court.

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