Acircumstance as mentioned in the Conclusion of November of the Bucharest Court of Appeal Second Criminal Section. B. Criminalizing the acts that affect social relations regarding public health the existence and development of which are conditioned by compliance with the regulations that have as their object the regime of toxic and narcotic substances the legislator established in art. para. from Law no. on the prevention and combating of illicit drug trafficking and consumption republished with subsequent amendments and additions that cultivating producing manufacturing experimenting.
Extracting preparing transforming are punishable by imprisonment from to years and the Country Email List prohibition of certain rights offering putting on sale selling distributing delivering under any title sending transporting procuring buying holding or other operations regarding the circulation of dangerous drugs without right because in para. from the same article to provide that the same acts that have as their object highrisk drugs are sanctioned with imprisonment from to years and the prohibition of certain rights. As such in relation to the way of criminalizing drug trafficking in art. of.
Law no republished withthe High Court appreciates that the resolution of the legal issue within the previously indicated limits which is the subject of this referral requires in advance the necessary establishment of the legal nature of both the provisions of para. as well as those of para. of the mentioned article. Given that in art. para. the law regulates all the typical elements of the crime of drug trafficking which outline both its objective and subjective side respectively the alternative ways of achieving the material element the essential requirement attached to it the object of the crime and the sanction it is stated that these provisions represent the standard for criminalizing the type or basic form of the crime. Through the regulation of para. from the.