DIICOT warns drug decriminalization would give traffickers escape routes
Prosecutors say a plan to replace jail with fines lacks a way to separate use from trafficking.
Romania’s DIICOT has sharply criticized a Senate legislative initiative that would decriminalize possession of drugs for personal use, saying it would not curb trafficking but instead create “many ways” for traffickers to avoid criminal liability.
In a 20-page document made public on Monday, DIICOT rejects the proposal backed by senators Victoria Stoiciu, Cristian Ghinea, and Daniel Fenechiu. The plan would replace prison for possession for personal use with an administrative fine between 1,000 and 3,000 lei.
DIICOT argues the draft contains no threshold to distinguish consumption from dealing. It says the bill does not define “personal use” and sets no quantitative limit, even an indicative one. According to DIICOT, the same act, holding or bringing in the country the same quantity, could be treated either as a contravention punished with a fine or as a criminal offense punishable by prison, with penalties depending on what an administrative procedure concludes.
The prosecution body also criticizes shifting the key decision from prosecutors to police officers. DIICOT says the agent who seizes the drugs would have the role of applying the fine instead of prosecutors handling legal qualification in a criminal case. It warns this would create a vulnerable area for pressure and corruption, and that a final administrative sanction could block a later criminal investigation. DIICOT also says court review would be handled in administrative courts rather than using criminal-procedure tools.
DIICOT argues the bill’s claimed examples do not support the solution. It points to the Netherlands, where laws prohibit possession, sale, and production, with tolerance tied to prosecutors’ discretion under specific guideline rules. DIICOT adds that in Belgium, possession of cannabis for personal use has remained a criminal offense and reactions are handled by prosecutors or criminal courts.
The latest status is that DIICOT has issued its position rejecting the proposal.
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Source:
Agerpres