Impunity or reduction of punishment causes in drugs traffic instance Cover Image

Cauze de nepedepsire sau reducere a pedepsei in cazul traficului de droguri
Impunity or reduction of punishment causes in drugs traffic instance

Author(s): Corina Nicolae
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: Illicit drug trafficking; causes of impunity; prosecution; assocition; penalty.

Summary/Abstract: While the means and the classical methods of probation under the Criminal Procedure Code were insufficient for detection, the investigation and the combating of the illicit drug trafficking, the introduction into the Law143/2000, amended through the Law no. 522/2004 of some causes of impunity in case that the authors of criminal acts cooperate with judicial authorities were necessarily required. To prevent the perpetration of the acts of drug trafficking, as well as to facilitate the discovery of the other participants in such acts, the legislature encourages the giving-away, by providing the absolving of punishment for the one who does it as the law requires. According to Art. 15 of Law no. 143/2000, amended by the Law no. 522/2004, "there shall not be punished the person whom, before being initiated the prosecution, denounces to the authorities its participation to an association or to an agreement to commit one of the offense referred to in Art. 2-10, enabling the identification and bringing to criminal liability of the other participants. " Another provision, which only aims to reduce the penalty, is the one in art. 16 of the Law no. 143/2000, amended by the Law no. 522/2004. So, according to this article: "The person who committed one of the offenses referred to in Art.2-10, and during the prosecution denounces and facilitates the identification and bringing to criminal liability of other persons who have committed offences related to drugs, benefits of the reduction to half of the penalty limits provided by the law”.

  • Issue Year: IV/2009
  • Issue No: 3-4
  • Page Range: 215-225
  • Page Count: 16
  • Language: Romanian