Cadru juridic și condiții ale liberării de răspundere penală pentru infracțiunile reglementate de art. 217 și 217¹ CP al RM [Articol]

Abstract

This article explores the applicable legal framework and the conditions for exemption from criminal liability for offenses regulated by Articles 217 and 217¹ of the Criminal Code of the Republic of Moldova, which address the illegal circulation of narcotic drugs, psycho¬tropic substances, or their analogues. The purpose of the paper is to identify the specific situations in which the institution of exemption from criminal liability may be applied without undermining the objectives of criminal policy aimed at protecting public order and public health. The research methodology relies on doctrinal analysis, systemic and legal-logical interpretation of the relevant provisions, and the examination of national judicial practice. The findings reveal that exemption mechanisms—especially in cases involving personal use, active cooperation with authorities, or participation in treatment programs—are provided by law; however, their application is at times inconsistent or insufficiently substantiated. The study argues for the need to harmonize case law, clarify the legal framework, and develop alternative criminal justice instruments, particularly for non-violent drug users, to achieve a balanced approach between prevention, punishment, and social reintegration.