Posibilitatea absorbţiei naturale a deţinerii de droguri de risc/mare risc în vederea consumului propriu prevăzut de art. 4 alin. (1) şi (2) din Legea nr. 143/2000 în deţinere de droguri de risc/mare risc
Whether the offence of possession of risk/high risk drugs for personal use under Article 4(1) and (2) of Law No. 143/2000 is naturally absorbed into the offence of possession of risk/high risk drugs

Summary/Abstract: This study examines the extent to which the offense of possession of risk or high risk drugs for personal use, as regulated by Article 4(1) and (2) of Law No. 143/2000, may be naturally absorbed into the offence of possession of risk or high risk drugs as an alternative modality of fulfilling the actus reus of the offence provided for in Article 2(1) and (2) of the same law. The analysis briefly presents several scenarios that have led criminal investigation bodies to classify the conduct as involving a plurality of offences, as well as the conclusions recently articulated at a high level gathering of criminal law practitioners.To assess whether such natural absorption is possible, the analysis also discusses a case decided by the High Court of Cassation and Justice, which criminal investigation bodies routinely rely upon when determining the existence of a plurality of offences, together with the relevant criteria advanced in contemporary legal literature for retaining the natural complexity of offences and for applying these criteria in concreto.

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