Prescription of the High Risk Narcotics and Trading or Illicit Purchasing of High Risk Narcotics

Author:Nicoleta-Elena Buzatu
Position:Senior Lecturer, PhD. Candidate, 'Dimitrie Cantemir' Christian University, Romania
European Integration - Realities and Perspectives
Prescription of the High Risk Narcotics and Trading or Illicit
Purchasing of High Risk Narcotics
Nicoleta-Elena Buzatu
Abstract: The present essay will analyze the offence of prescribing high ri sk narcotics and t rading or illicit
purchasing of high risk narcotics, as it was regulated - together with other offences - by Law no 143 of July
26, 2000 on p reventing and f ighting against the traffic and illicit consumption of narcotics. The same law
defines the meaning of such a phrase “s ubstances which are under national control” by mentioning the fact
that they are the narcotics and their precursors listed in Annexes I-IV of the law. The analysis of the offence
of prescribing the high risk narcotics and trading or illicit purchasing of high risk narcotics is following the
already known structure mentioned in the doctrine and which consists of: object and subjects of the offence,
its constituent content: t he objective side with its mater ial element, the immediate consequence and causality
connections; the subjective si de of the offence, as well as forms and modalities of these offences, and the
applicable sanctions, of course.
Keywords: offence; doctor; pharmacist; patient; consumer
1. Introduction
All through history the narcotics phenomenon witnessed an ascending evolution. In Antiquity they
were used by the healers as medicine or in therapeutic aims. So, for example, in 2
century BC, the
Greek Physician Heraclid of Trent - known to be the best empirical physician, author of treaties on
dietetics, surgery, therapeutics, toxicology, pharmacology, military medicine, etc. - used naturist
remedies as: pepper, cinnamon and especially opium for sedation and hypnosis.
While being correctly and rationally administered, they played a benefic role in medicine. Yet,
unfortunately, they started to be used abusively and, in the long run, they turned to be a really serious
problem for the whole humanity, a real social plague. (Rcanu, 2008) (Rcanu & Zivari, 2002)
In the current speech the term “narcotics” means products and stupefacient or toxic substances,
defined as such and, consequently, prohibited by the national and international legislations.
The specialized Health Agency of the United Nations - the World Health Organization - defines the
“drug” as being that substance that once absorbed by a living body modifies one or more functions of
the respective body. In conformity with the latest recommendations of this international body, the
substances or classes of psychoactive substances (narcotics) that provoke such modifications and
generate dependency are: alcohol, opiates, cannabis derivates, sedatives and hypnotics, cocaine,
hallucinogens, tobacco, volatile solvents, as well as other psychoactive substances or substances
belonging to other different classes, used by association.
Pharmaceutically speaking, the “drug” is a substance used in medicine, but whose abusive u sage may
lead to physical or psychical dependency or to serious mental disturbances, as perception or behaviour
(Dasclu et al., 2009). In this context “drugs” are only those substances known also under the general
name of “stupefacients”.
Senior Lecturer, PhD. Candidate, “Dimitrie Cantemir” Christian University, Romania, 176 Splaiul Unirii, sector 4,
Bucharest, Tel.: +4(021)330.79.00, Corresponding author:

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