Fapta putativă în cazul traficului de droguri de risc și eroarea de fapt în cazul efectuării fără drept de operațiuni cu produse susceptibile de a avea efecte psihoactive. Aspecte de practică judiciară
Putative deed in the case of trafficking of drug risk and the factual error in the case of performance without right of operations with products likely to have psychoactive effects. Judicial practice aspects

Summary/Abstract: The authors analyze, making comments on two cases of judicial practice in the field of risk drug trafficking also on performing operations with products likely to have psychoactive effects. Commenting on the first case, the authors observe the rarest that can be found in the judicial practice in the matter of drugs, namely the existence of a putative deed consisting in the transportation of a supervised delivered parcel in which all the drugs were replaced with other materials, and the person who carried the parcel without drugs was accused of trafficking of risk drugs in the modality of transportation of drugs without right.Commenting on the second case, the authors criticize a solution given by Tribunal of Brăila and the Court of Appeal of Galați, on the ground that the convicted defendant was, in fact, in a factual error with regard to the fact that in the small envelopes he traded as ethnobotanical products there have been identified fragments of cannabis plant mass.

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