Aspects that need to be clarified through criminal investigation
in the case of crimes regarding traffic and illicit drug use
Lecturer Nicolae MĂRGĂRIT1
The knowledge and consumption of drugs are not issues emerged in the
contemporary world, are recent phenomena that suddenly appeared and experienced an
explosive development. Drug use appeared with the existence of mankind as a rational
being. Although these substances still have a scientific attraction for scientists, they also
claim a scheme of measures to combat their illicit traffic, measures that only reach their
intended purpose to a small extent. At first, mankind as a rational being, has seen the
properties and effects of drugs and toxic substances extracted from various plants and
minerals. This knowledge came from his desire - which allowed the evolution of mankind -
to know the surrounding world and, implicitly, himself.
Keywords: drug use, fighting drugs traffic, drug effects, illicit drug use.
JEL Classification: K14
1. Introductory aspects
By Law no. 143 of 26 J uly 2000 on combating drugs and narcotics
trafficking, art. 312 of t he old Criminal Code has been completely repealed,
although the legislator does not explicitly state this. From the wording, it may be
understood that the term "narcotic or toxic products or substances" is abrogated
from the content of Article 312 of the old Criminal Code and replaced by the term
"drugs". In fact, the provisions of Law no. 143/2000 completely repeals the
provisions of Article 312 of the old Criminal Code, both as regards t he normative
rules of the offense and as regards the minimum and maximum amount of
punishments. On the other hand, the law in question also criminalizes the facts that
do not find a correspondent in the provisions of the Criminal Code2.
2. Pre-existing conditions
A) The object of the offenses
a) The generic legal object of the offenses provided for in Law no.
1 Nicolae Mărgărit – Bioterrra University of Bucharest, Lawyer in Bucharest Bar Association,
2 V. Bercheşan, Unele consideraţii privind noile reglementări referitoare la combaterea traficului şi
consumului ilicit de droguri, „Criminalistica”, no. 1/2001, p. 29-30.