Aspecte teoretice și practice privind cauzele speciale de nepedepsire și reducere a pedepsei prevăzute în Legea nr. 143/2000 privind prevenirea și combaterea traficului și consumului ilicit de droguri
Theoretical and practical aspects regarding the causes of impunity and mitigation of the punishment provided by Law no. 143/2000 on preventing and fighting illicit drug trafficking and consumption

Summary/Abstract: As it is commonly known, committing a crime gives rise to a legal relationship between the state, represented by the Public Ministry, and the guilty person. Although it is traditionally considered that the inevitability and promptness of the sanction is one of the most effective ways to preserve the social order, we notice that the criminal legislator, for social-human and criminal policy reasons, or perhaps, based on a utilitarian philosophy, through the medium of art. 14 and art. 15 of the Law nr. 143 of 2000 on preventing and combating illicit drug trafficking and consumption, regulated a special case of impunity and a special case of mitigation of the criminal liability in favor of the one who is guilty of committing one of the crimes provided by art. 2-9. In the present approach we intend to offer an analysis of the legal regime of the two cases, examining, among others, the conditions under which they become applicable, the characteristics, the effects they produce and the interferences with other legal institutions of criminal law.

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