CU PRIVIRE LA POSIBILA NECONSTITUȚIONALITATE A UNOR AMENDAMENTE RECENTE OPERATE IN CODUL PENAL ȘI IN CODUL CONTRAVENȚIONAL. PARTEA I.

Abstract

In this article it is argued that several recently made amendments to the Penal Code and the Contravention Code by means of Law no.193/2016, would contravene the provision of par.(2) art.23 of the Constitution of the Republic of Moldova. The analysis of the amendments provided by this law brought us to the conclusion that these amendments generate to the penal law an certain level of unpredictability on the following issues: 1) the meaning of the concepts „ethnobotanical products”/„ethnobotanical” and „an analogue of the narcotic or psychotropic substances” that are defined at par.(5) and par.(6) art.1341 PC RM and used in art.217, art.2171-2176, art.219 PC RM and art.85-87 of the Contravention Code; 2) in determining, in accordance with par.(8) art.1341 PC RM, the small quantities, the large or very large quantities of ethnobotanical products (ethnobotanicals) and of the analogues of the narcotic or psychotropic substances.