Raportul dintre traficul de droguri de risc și/sau mare risc și efectuarea fără drept de operațiuni cu produse susceptibile de a avea efecte psihoactive
The relationship between the trafficking of risk and high-risk drugs and the unauthorized conducting of operations involving products likely to have psyhoactive effects

Summary/Abstract: The criminal legislation against psychoactive substances, at both the national and European Union levels, is highly complex and subject to continuous evolution. On multiple occasions, the intervention of the High Court of Cassation and Justice has been required, either through preliminary rulings or appeals in the interest of the law, to resolve such disputes. Most recently, the High Court of Cassation and Justice was called upon to determine the legal relationship between the offence of trafficking in high-risk drugs and the offence of unlawfully conducting illicit operations involving products likely to produce psychoactive effects. The issue arose in cases where, within the same spatial and temporal framework, the offender engaged in illicit activities involving both high-risk drugs and substances with potential psychoactive effects. The question presented was whether such conduct should be classified as a single complex offence of high-risk drug trafficking, or as a concurrence of offences comprising both crimes—a view consistently upheld in judicial practice. In this study, drawing on the binding jurisprudence of the High Court of Cassation and Justice, we will demonstrate why neither approach advanced by the referring court is correct. Instead, we contend that the relationship between these two conflicting criminal provisions is one of subsidiarity.

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