Analysis of offences concerning drug trafficking in romanian legislation 217
letter a) of the United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances.
At the European Union level, the most important legal instrument in the fight
against drug trafficking is Framework Decision 2004/757/JHA9 of the Council of
the European Union laying down minimum provisions on the constituent
elements of criminal offences and sanctions applicable to illicit drug trafficking. In
Article 210 of Framework Decision 2004/757/JHA provides for offences related to
drug and precursor trafficking, which resume offences under Article 3 of
Convention United Nations against the illicit trafficking of narcotic drugs and
psychotropic substances in 1988, with a major difference: the Framework Decision
excludes from its scope the actions that are committed exclusively for the personal
consumption of their authors.
The offences related to drug trafficking are provided in Article 2 and Article 3
of Law no.143/2000 on preventing and combating trafficking and illicit drug use of
Chapter II, entitled Penalties for trafficking and other illicit operations with
substances under national control. The texts of Articles 2 and 3 of the Law
no.143/2000 set out two different offences: domestic drug trafficking and
international drug trafficking.
The text of Article 2 of the Law no.143/2000 provides: “(1) Cultivation,
production, manufacture, experimentation, extraction, preparation, transformation,
offering, sale offering, sale, distribution, delivery by any title, dispatch, transport,
procurement, purchase, holding or other operations related to the circulation of risk
drugs, without right, shall be punished by imprisonment from 2 to 7 years and the
prohibition of certain rights. (2) If the facts provided at par. (1) have high-risk drugs,
punishment is imprisonment from 5 to 12 years, and prohibition of certain rights”.
The text of Article 3 of the Law no.143/2000 provides: “(1) The introduction or
removal from the country, as well as the import or export of risk drugs, without
9 Council Framework Decision 2004/757/JAI of 25 october 2004 laying down minimum
provisions on the constituent elements of criminal acts and penalties in the field of illicit drug
trafficking, Official Journal of the European Union, L 335, 11.11.2004.
10 Article 2 from the Council Framework Decision 2004/757/JAI stipulates: „1. Each Member
State shall take the necessary measures to ensure that the following intentional conduct when
committed without right is punishable: (a) the production, manufacture, extraction, preparation,
offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch,
dispatch in transit, transport, importation or exportation of drugs; (b) the cultivation of opium poppy,
coca bush or cannabis plant; (c) the possession or purchase of drugs with a view to conducting one of
the activities listed in (a);
(d) the manufacture, transport or distribution of precursors, knowing that they are to be used in
or for the illicit production or manufacture of drugs.
2. The conduct described in paragraph 1 shall not be included in the scope of this Framework
Decision when it is committed by its perpetrators exclusively for their own personal consumption as
defined by national law”.