Aof the same crime namely drug trafficking. Therefore the performance in the same circumstance of a single action from those listed in art. para. of Law no. republished with subsequent amendments and additions which has as its object both highrisk and highrisk drugs represents a simple crime as a form of the natural crime unit provided for by art. para. and of the same normative act since the different nature of narcotic substances does not change the unity of the crime of drug trafficking. In conclusion for the considerations developed previously the.
High Court of Cassation and Justice the Panel for resolving the referral to the Bucharest Country Email List Court of Appeal Criminal Section II formulated in File no. establishing that in the interpretation of the provisions of art. of Law no. regarding the prevention and combating of illicit drug trafficking and consumption republished with subsequent amendments and additions the performance in the same circumstance of a single action from those listed in paragraph. of this article which has both highrisk and highrisk drugs as its object represents a simple crime as a form of the natural crime unit provided by art. para. and of the same normative act.
Consequently pursuant to art. and art. of the Criminal Procedure Code FOR THESE REASONS In the name of the law D E C I D E Admits the referral made by the Bucharest Court of Appeal Criminal Section II by the Decision of November in File no. in order to pronounce a preliminary decision for resolving the legal issue when a person commits in the same circumstance one or more actions that may constitute the material element according to the enumeration in art. para. from Law no. having as its material.
發表於 2023-12-27 17:00:08
