The crime of drug trafficking: definition and penalties

In Romania, drug trafficking is regulated by Legea nr. 143/2000 (Law no. 143/2000) on preventing and combating illicit drug trafficking and consumption, which has been amended and supplemented over time by various normative acts.

Under this law, drug trafficking is deemed a criminal offence and is defined as the production, manufacture, extraction, preparation, processing, offering, putting up for sale, sale, distribution, delivery, sending, transport, purchase, possession for the purpose of sale or free-of-charge supply, brokering the giving or receiving of drugs or other psychoactive substances, as well as the cultivation of plants from which such drugs may be obtained.

Romanian criminal law provides for the following penalties for the crime of drug trafficking:

Art. 2.

(1) Cultivating, producing, manufacturing, experimenting with, extracting, preparing, processing, offering, putting up for sale, selling, distributing, delivering under any title, sending, transporting, procuring, purchasing, possessing or other operations relating to the unlawful circulation of risk drugs are punishable by imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) Where the acts referred to in para. (1) concern high-risk drugs, the penalty is imprisonment from 5 to 15 years and the prohibition of certain rights.

 Art. 3.

 (1) Bringing into or taking out of the country, as well as the import or export of risk drugs, without right, are punishable by imprisonment from 5 to 15 years and the prohibition of certain rights.

(2) Where the acts referred to in para. (1) concern high-risk drugs, the penalty is imprisonment from 10 to 20 years and the prohibition of certain rights.

Art. 4.

(1) Cultivating, producing, manufacturing, experimenting with, extracting, preparing, processing, purchasing or possessing risk drugs for personal use, without right, is punishable by imprisonment from 3 months to 2 years or by a fine.

(2) Where the acts referred to in para. (1) concern high-risk drugs, the penalty is imprisonment from 6 months to 3 years.

Art. 12. (1) Attempting the offences referred to in art. 2, 3, art. 4 para. (2), art. 6 para. (2)–(3), art. 7 and 9 is punishable. (2) Producing or procuring the means or instruments, as well as taking steps in preparation for committing the offences referred to in para. (1), shall also be deemed an attempt. Art. 14. No penalty shall be imposed on a person who has committed one of the offences referred to in art. 2–9 and who, before criminal proceedings have been initiated, reports to the authorities their involvement in committing the offence, thereby contributing to the identification and prosecution of the perpetrator or the other participants. Based on these articles and the other provisions of the criminal law, we will provide an overview of

• Possession of drugs for personal use

The consumption of drugs is not criminalised under Romanian criminal law, but possession of them does constitute a criminal offence, and so the user is indirectly punished by the mere fact of having come into possession of them. Possession of risk drugs is punishable by imprisonment from 3 months to 2 years or by a fine, while possession of high-risk drugs is punishable by imprisonment from 6 months to 3 years.

• International drug trafficking

International drug trafficking is a serious crime and is punished in accordance with national and international laws. In Romania, international drug trafficking is punishable by imprisonment from 7 to 20 years and the prohibition of certain rights, such as the right to hold certain positions or the right to drive vehicles. Furthermore, in order to combat international drug trafficking, Romania cooperates with other states through international agreements and agencies specialising in combating drug trafficking, such as Europol and Interpol. This allows Romania to take action against traffickers operating from other countries and to work with national and international authorities on investigations and the enforcement of penalties.

• Drug trafficking within Romanian territory

Under Romanian law, drug trafficking is punishable by imprisonment from 3 to 15 years and the prohibition of certain rights, such as the right to hold certain positions or the right to drive vehicles. During criminal proceedings, certain precautionary measures are also taken to ensure the proper conduct of the investigation. Examples of precautionary measures that may be taken in drug trafficking cases.

1. Confiscation of drugs - the authorities may confiscate drugs found in the possession of suspects.
2. Confiscation of money - the authorities may confiscate money found in the possession of suspects that may have originated from illegal activities, such as drug trafficking.
3. Confiscation of assets - the authorities may confiscate assets, such as vehicles, real estate or other property that may be linked to drug trafficking or organised crime activities.
4. Freezing of bank accounts - the authorities may freeze suspects' bank accounts to prevent the spending or transfer of funds.
5. Electronic surveillance - the authorities may monitor suspects' communications and confiscate relevant electronic devices.

• Driving under the influence of alcohol or other substances

1. Under art. 336 the New Criminal Code

1) Driving a vehicle on public roads for which the law requires a driving licence, by a person who, at the time the biological samples were taken, has a blood alcohol concentration exceeding 0.80 g/l of pure alcohol, is punishable by imprisonment from one to 5 years or by a fine. (2) The same penalty shall apply to any person who, under the influence of psychoactive substances, drives a vehicle for which the law requires the holding of a driving licence. (3) Where the person in one of the situations provided for in para. (1) and para. (2) carries out public passenger transport, transport of dangerous substances or products, or is in the process of practical training of persons for obtaining a driving licence, or during the practical tests of the driving licence examination, the penalty is imprisonment from 2 to 7 years.

• Increase in penalties following the amendment of Legea nr. 143/2000 (Law no. 143/2000) in 2023

1. The penalty limits for trafficking in risk drugs were increased from 2 to 7 years under the previous regulation, to 3–10 years' imprisonment;
2. The penalty limits for trafficking in high-risk drugs were increased from 5 to 12 years under the previous regulation, to 5–15 years' imprisonment;
3. The penalty limits for the offence of bringing risk drugs into the country were increased from 3 to 10 years under the previous regulation, to 5–15 years' imprisonment;
4. The penalty limits for the offence of bringing high-risk drugs into the country were increased from 7 to 15 years under the previous regulation, to 10–20 years' imprisonment.

In conclusion, drug trafficking is a serious offence with negative consequences for society. Through drug trafficking, a black market is created, drug dependency develops, and acts of violence and other offences are committed. In order to combat drug trafficking, close cooperation between national and international authorities is required, together with the implementation of prevention and rehabilitation policies and programmes and the application of appropriate legal sanctions. It is important to promote education and awareness within society regarding the negative effects of drug use, and to provide support and treatment for those affected by drug dependency.