COMMENTS CONCERNING THE APPLICATION INTO JUDICIAL PRACTICE OF THE PROVISIONS OF ART. 4, FROM LAW NO. 143/2000 ON COUNTERING THE ILLICIT DRUG USE AND TRAFICKING
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Authors:
• Traian DIMA, email: traian.dima@univnt.ro, Afiliation: Faculty of Law, “Nicolae Titulescu” University, Bucharest
• Lamya-Diana AL-KAWADRI, email: ldk@univnt.ro, Afiliation: Faculty of Law, ”Nicolae Titulescu” University, Bucharest -
Keywords: Law no.143/2000, art. 4, possessing drugs, own use, not being caught with the drugs
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Abstract:
By studying the legal practice in the field of criminal provisions application regarding the prevention of and fight against illegal trafficking and consumption of drugs, the authors observe that in art. 4 of Law 143/2000 regarding the illegal drug holding for personal use, the interpretation made by the legal organs is not unilateral, two points of view taking shape. Thus, it is considered, from one point of view, that the infringement stipulated by art.4 of Law no. 143/20001regarding the illegal holding does not subsist when a person who acknowledges that he/she is a drug consumer is caught by the police when he/she wishes to buy drugs for personal use, and prohibited substances subject to national control are not found on him/her. According to the other point of view, it is considered that this infringement subsists even when a drug consumer admits having consumed such substances subject to the national control, even if such substances where not found by the police on him/her or at the personal residence. The authors analyze the two points of view and give a series of solid arguments showing that the interpretations based on which it is considered that the lack of existence of the material object of the infringement regarding the illegal holding, the act does not meet the constitutive elements of the infringement stipulated by art. 4 of Law 143/2000 is correct and legal