Theoretical and practical aspects regarding contraventions stated by law no 143/2000 regarding the prevention and the rebutal of the illicite drug trafficking with the adjustments brought by law 522/2004

• Author: Marius Mandra
• Position: Legal adviser
• Pages: 111-117

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THEORETICAL AND PRACTICAL ASPECTS REGARDING

CONTRAVENTIONS STATED BY LAW NO 143/2000 REGARDING THE

PREVENTION AND THE REBUTAL OF THE ILLICITE DRUG

TRAFFICKING WITH THE ADJUSTMENTS BROUGHT BY LAW

522/2004

Legal adviser Marius Mandra

Abstract:

In order to respond to the social needs the regulators in the drug

department have been widely debated in the doctrinaire plan have been emitted

several theories regarding their juridical treatment, especially the prohibition

theory, the theory of reducing risks , the disincrimination theory, and the controlled

legislation theory.

In Romania the rebuttal of traffic and illicit use of drugs has been regulated

by law 143/2000, law that has been completed and modified by law 169/2002, law

39/2003 and law 522/2004. considering the fact that this law has been

interpretated in several articles and monographies we will eliminate to the

modifications that appeared because of the modification of the law522/2004.

The first novelty brought by this law consists of the title’s modification,

changing the search aim from a repressive to a preventive one. This way, the law’s

title regards the prevention and rebuttal of traffic and illicit consuming of drugs,

opposing the old titulature which referred only to the phenomenon’s rebuttal.

In practice, the use of drugs has three forms: experimental use of drugs,

recreational use of drugs and use of drug problem, the last two being of our

interest. The recreational use represents the illicit use of drugs as attribute of

modern life and of the relaxation and it is characterized by the absence of

addiction.

Key words: contraventions, law, prevention, drugs.

In order to respond to the social needs the regulators in the drug department

have been widely debated in the doctrinaire plan have been emitted several theories

regarding their juridical treatment, especially the prohibition theory, the theory of

reducing risks , the disincrimination theory, and the controlled legislation theory.

A. Prohibition that along history has been applied to tobacco, alcohol, and

lately to drugs is based on the fact that the retrenchment of the offer through a

general interdicting abuse, production and commerce under the threat of penal

punishment. This theory is based on several fundaments.

Firstly, the moral fundament is born from the social- religious practices, abstinence