Bringing Drugs into Romania. Transporting the Drugs on Romanian Soil and Attempting to get them out of the State. The Relation between Drug Traffic and international Drug Traffic. The Possibility of concurrent Offences Cover Image
  • Price 4.50 €

Introducerea de droguri în tara. Transportul acestora pe teritoriul tarii si încercarea de scoatere de droguri din tara. Relatia între traficul de droguri si traficul international de droguri. Posibilitatea retinerii unui concurs de infractiuni
Bringing Drugs into Romania. Transporting the Drugs on Romanian Soil and Attempting to get them out of the State. The Relation between Drug Traffic and international Drug Traffic. The Possibility of concurrent Offences

Author(s): Andrei Maxim
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: This article deals with a controversial issue from the Romanian criminal law; from a case settled by The High Court of Cassation and Justice of Romania. In the mentioned case;

Summary/Abstract: which crime is special, because it seems that both are in the same category. Then, it is discussed if the international drug traffic is a complex crime, which would also mean absorbing the drug traffic. Still, one of the rules of the complex crime is that it cannot be committed without the absorbed crime. As shown in the examples brought by the author, international drug traffic can be committed without committing drug traffic, meaning that it is not a complex crime. The conclusion reached by the author is that the only way to argue the holding of only one crime in this case, namely international drug traffic, is by applying the rules from the competition of penal rules, namely the principle of consumption. So, if two crimes protect the same social worth and are based on a single criminal plan, only the main crime would be held. Analyzing the specific case under consideration, it is mentioned that both international drug traffic and drug traffic protect the same social worth, public health (the author argues amply why the opinion of the supreme court, who considered that international drug traffic also protects the border security, cannot be accepted). As well, international drug traffic often implies national drug traffic, which means that the two crimes can be based on a single criminal plan. So, in every case, this condition should be carefully checked, and if it is fulfilled, one should apply the principle of absorption. Finally, the author draws the attention to some aspects regarding the reform of criminal policy in these situations. First, the attention is drawn to the fact that the supreme court, pronounced, regarding the relation between the two crimes, several conflicting judgments, which violates the right to a fair trial, as is shown by the jurisprudence of the ECHR. Summa summarum, it is considered that a modification of the legal texts is needed, in order for the solution to be rather clear.

  • Issue Year: 2011
  • Issue No: 02
  • Page Range: 131-154
  • Page Count: 24
  • Language: Romanian
Toggle Accessibility Mode