Aspects Of Criminalistic Tactics On Research In Case Of Traffic And Illegal Drug Consumption

• Author: Nicolae Margarit
• Position: Bioterra' University of Bucharest, Lawyer in Bucharest Bar Association, Romania
• Pages: 245-256

ASPECTS OF CRIMINALISTIC TACTICS ON RESEARCH IN CASE OF

TRAFFIC AND ILLEGAL DRUG CONSUMPTION

Lecturer Nicolae MĂRGĂRIT1

Abstract

In the fight against trafficking and illicit drug use, internationally there have been numerous regulations in

the field, with states focusing their efforts to combat this scourge. On February 19, 1925, the " International Opium

Convention" was signed in Geneva. This Convention regulates the import licenses and export licenses for substances and

products with a narcotic content, following a permanent surveillance of the drug movement on the plan. international.

On March 30, 1961, in New York, the "Unique Convention on Narcotics" is adopted. In 1971, the Convention on

psychotropic substances was adopted in Vienna in the plenipotentiary conference of 77 states with the participatio n of

the World Health Organization, the International Narcotics Control Body and the International Criminal Police

Organization (Interpol), the Convention coming into force on August 16, 1976. Countries in the world through legislative

measures regulated the circulation and consumption of narcotic products, the 20th century has not undergone radical

changes regarding the attitude of the population towards drugs. As a result of the intensification of the narcotics

trafficking, it has determined the countries affected by this scourge to modify the internal legislation exercising tighter

control. In this context, the Romanian legislation is also inscribed, a great responsibility regarding the application of the

law being the duty of the judicial authorities.

Keywords: illicit drug use, fighting drugs traffic, drug effects, criminalistics tactics .

JEL Classification: K14

1. Introductory aspects

By Law no. 143 of July 26, 2000 on combating drug and drug trafficking, art. 312 of the

former Criminal Code was totally repealed, although the legislature does not explicitly state this.

From the wording it could be understood that the content of article 312 of the former Criminal Code

is repealed only the name of "narcotic or toxic products or substances", these being replaced by the

term "drugs". In reality, the provisions contained in Law no. 143/2000 totally repeals the provisions

of article 312 of the Criminal Code, both regarding the normative modalities of committing, as well

as regarding the minimum and maximum amount of the punishments. On the other hand, the law in

question also incriminates the facts that are not found in the provisions of the Criminal Code2.

2. Problems to be clarified by the forensic investigation

The criminal prosecution bodies that have been notified about committing offenses under this

regime should clarify the following problems:

1. The aspects that the illicit activity covers;

2. Narcotic or toxic products or substances that have been the object of illicit activity;

3. The place and time of the crime. The operating modes used;

4. The perpetrators, their quality and the contribution to the commission of the crime. Form

of guilt;

5. Existence of the crime contest;

6. The conditions and circumstances that favored the commission of the crimes3.

1 Nicolae Mărgărit – „Bioterra” University of Bucharest, Lawyer in Bucharest Bar Association, Romania,

margarit.nicolae56@gmail.com.

2 V. Bercheşan, Unele consideraţii privind noile reglementă ri referitoare la combaterea traficului şi consumului ilicit de droguri,

„Criminalistica”, no. 1/2001, p. 29-30.

3 G. Vintilă, Criminalistică, Themis Publishing House, Craiova, 2001, p. 572.