NEWS ON CRIMINAL LIABILITY FOR OFFENSES RELATED TO DRUGS AND PRODUCTS SUSCEPTIBLE TO HAVING PSYCHOACTIVE EFFECTS, OTHER THAN THOSE PROVIDED FOR BY THE REGULATIONS IN FORCE
DOI:
https://doi.org/10.55516/ijlso.v5i1.287Cuvinte cheie:
drugs, psychoactive substances, criminal policy, criminal liability, rehabilitation, proportionality of penalties, legal certainty.Rezumat
Recent reforms in criminal liability for drug and psychoactive substance offenses show a clear trend toward tougher criminal policy, combining repressive measures with rehabilitation and prevention tools. Increased penalties for traffickers, the introduction of aggravating circumstances, and the criminalization of related acts reflect a strategy of reduced tolerance for the phenomenon, while mandatory treatment and psychological counseling programs mark a step toward addressing public health in the context of addiction.
However, the intensity and frequency of legislative changes may affect legal certainty and consistency in law enforcement. Repeatedly tightening sanctions and restricting access to alternative measures risks exacerbating prison overcrowding and creating an imbalance between the repressive and rehabilitative aims of the law. A sustainable criminal policy must ensure the proportionality of penalties, the effective implementation of reintegration programs, and the predictability of the regulatory framework in order to maintain confidence in justice and reduce the incidence of crime in the long term.
Referințe
Law No. 143/2000 on the prevention and combating of illicit drug trafficking and consumption, republished (r1) in the Official Gazette, Part I No. 163 of March 6, 2014;
Law No. 194/2011 on combating operations with products likely to have psychoactive effects, other than those provided for by the legislative acts in force, republished (r1) in the Official Gazette, Part I No. 140 of February 26, 2014.
Law No. 45/2023 amending and supplementing Law No. 143/2000 on preventing and combating illicit drug trafficking and consumption and amending Law No. 194/2011 on combating operations with products likely to have psychoactive effects, other than those provided for by the legislative acts in force, published in the Official Gazette, Part I No. 178 of March 2, 2023;
Law No. 58/2024 supplementing Law No. 143/2000 on the prevention and combating of illicit drug trafficking and consumption, amending Law No. 194/2011 on combating operations with products likely to have psychoactive effects, other than those provided for by the legislative acts in force, as well as supplementing Article 91(3) of Law No. 286/2009 on the Criminal Code, published in the Official Gazette, Part I No. 243 of March 21, 2024;
Law No. 172/2024 amending and supplementing certain legislative acts in the field of preventing and combating trafficking and illicit consumption of drugs and other substances likely to have psychoactive effects, published in the Official Gazette, Part I No. 510 of May 31, 2024;
Law No. 234/2024 supplementing Article 22 of Law No. 143/2000 on the prevention and combating of illicit drug trafficking and consumption, published in the Official Gazette, Part I No. 713 of July 22, 2024.
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