TRATAMENTUL FAVORABIL DE CARE BENEFICIAZĂ SUBIECTUL INFRACŢIUNILOR LEGATE DE TRAFICUL DE DROGURI

Abstract

The clemency treatment, from which the active subject of drug-related offenses benefits, involves different forms. One of these forms is represented by the exoneration clause of liability, established by paragraph (5) of Article 217 of the Criminal Code of the Republic of Moldova (CP RM). The voluntary surrender of drugs, ethnobotanicals, or their analogs cannot be considered as the lifting of these substances at the detention of the person, as well as during the criminal investigation actions for their detection and removal. Romanian legislation does not contain a similar provision. Moreover, the institution of release from criminal liability is also unknown to Romanian law. Given this, and the shortcomings of the provision from paragraph (5) of Article 217 CP RM, we propose to complete Article 217¹ CP RM with paragraph (5) which would have the following content: ,,The person who has committed any of the offenses provided for in 217¹ is released from criminal liability if they have actively contributed either to the discovery or counteraction of the respective offense, as the case may be, by self-reporting, voluntary surrender of the prohibited psychoactive substances, indication of the source of procurement of these substances, or to the denunciation of the persons who have committed the respective offense or have contributed to its commission, or to the indication of the monetary means, goods, or incomes resulted from the respective offense. The voluntary surrender of the prohibited psychoactive substances cannot be considered as the lifting of these substances at the detention of the person, as well as during the criminal investigation actions for their detection and removal.”