Infracţiunile de finanţare a operaţiunilor privind produsele susceptibile de a avea efecte psihoactive
Crimes of financing operations concerning products likely to have psychoactive effects

Summary/Abstract: This article analyzes the crimes of financing illicit drug operations or those involving products likely to have psychoactive effects, provided for in art. 9 of Law no. 143/2000 on the prevention and combating of illicit drug trafficking and illicit drug consumption, respectively art. 191 paragraph (4) of Law no. 194/2011 on combating operations with products likely to have psychoactive effects, other than those provided for by normative acts in force. The study begins by setting up the international legal framework, with a chronological overview of international legislative instruments, either of a mandatory nature (international conventions) or of a non mandatory nature (soft law). The need to repress the financing of the aforementioned illicit operations is also highlighted, as these are integrated into elaborate criminal activities which involve, in particular, the integration of illicit income into the legal economy through money laundering. Subsequently, the analysis of the two offences of financing illicit operations with drugs or products susceptible to have psychoactive effects is carried out. An important aspect highlighted below is represented by the sanctioning regime proposed by the national legislator, an unjustifiably harsh regime, what exceeds in intensity much more serious offences, which aim to protect, for example, the right to life. Additionally, the study distinguishes between the legal classification of certain acts either as national/international drug trafficking crimes or as a crime of financing these operations, presenting relevant jurisprudential solutions. The conclusions consider, on the one hand, the sufficiency of the current legislative framework and, on the other hand, the lack of proportionality of the sanctioning regime, recently proposed by the legislator. In addition, the lack of relevant judicial practice is highlighted which, in our opinion, represents the evidence of the lack of due attention by law enforcement institutions regarding the financing of illicit activities.

• Details
• Contents