The Prosecutor General's Office opposes the legislative initiative submitted to the Senate by three lawmakers regarding the decriminalization of drug possession for personal use, on the grounds that such a measure would weaken the tools used to prevent and combat this phenomenon.
On Friday, Prosecutor General Cristina Chiriac conveyed the Public Ministry's position regarding the bill initiated by senators Victoria Stoiciu (unaffiliated), Cristian Ghinea (USR), and Daniel Fenechiu (PNL), which proposes that possession of drugs for personal use no longer be punishable by imprisonment as is currently the case but rather by an administrative fine ranging from 1,000 to 3,000 lei.
"The Prosecutor's Office attached to the High Court of Cassation and Justice considers that modifying the penalty regime applicable to the possession of drugs for personal use specifically by significantly reducing criminal sanctions does not constitute an appropriate legislative solution in the current social and criminal context. Consequently, we express our opposition to the legislative initiative, insofar as it leads to the weakening of tools for preventing and combating the drug phenomenon," the Prosecutor General explained.
The position of the Prosecutor General's Office is based on the following considerations:
* The need to protect public health and vulnerable individuals - "Illicit drug use constitutes a major public health issue, the consequences of which extend beyond the scope of individual interest, affecting families, communities, and in particular minors and young people. The State has an obligation to ensure a regulatory framework capable of preventing the spread of this phenomenon, discouraging dangerous behaviors, and protecting vulnerable individuals. Relaxing the sanctions regime, in the absence of impact studies and functional alternative mechanisms, risks undermining the coherence of the national anti-drug policy."
The link between possession for personal use and the illicit drug market - "Possession of drugs for personal use cannot be examined solely as individual conduct, detached from supply and distribution mechanisms. The demand for drugs contributes to the economic sustenance of the illicit market, and the activities of purchasing and possession can serve as starting points for identifying individuals involved in the distribution of prohibited substances. Although the consumer and the trafficker should be subject to differentiated legal treatment, this distinction does not, in itself, justify a generalized reduction in criminal liability for possession for personal use."
* Existence of legal mechanisms for tailoring criminal liability - Current regulations allow for differentiated sentencing based on the nature of the substances, the specific gravity of the offense, and the offender's personal circumstances. Furthermore, criminal legislation provides mechanisms to tailor the authorities' response when the person under investigation is a user not involved in trafficking activities. Under these circumstances, it does not follow that lowering sentencing limits is the only or most effective solution for avoiding disproportionate criminal consequences. Priority should be given to the consistent application of existing tools and the development of medical, psychological, and social support programs.
* Risk of impairing the effectiveness of criminal prosecution - "Modifying sentencing ranges can have effects extending beyond the individualization of the sanction, including impacts on the jurisdiction of judicial authorities, the admissibility of certain evidentiary methods, statutes of limitation, and the application of specific criminal law and criminal procedural law mechanisms. These consequences must be analyzed separately in relation to each proposed amendment. A legislative intervention aimed solely at reducing sanctions, without assessing the impact on criminal prosecution activities, may give rise to implementation difficulties and diminish the effectiveness of the judicial response."
The need for an integrated approach without abandoning criminal law measures - "The Prosecutor's Office attached to the High Court of Cassation and Justice advocates for a clear distinction between individuals who use drugs and those involved in drug trafficking. Users particularly those suffering from addiction must have effective access to medical services, counseling, treatment, and social reintegration. However, a shift towards therapeutic and preventive measures does not necessarily entail a reduction in criminal penalties, as the two categories of intervention can operate in a complementary manner. Responsible legislative reform must be grounded in relevant statistical data, criminological and medical assessments, and an analysis of the impact on both the judicial system and public health."
Consequently, according to the Prosecutor General's Office, the legislative initiative lacking sufficient substantiation and adequate safeguards does not provide the basis for achieving a proper balance between the protection of public health, crime prevention, and the individualization of criminal liability.
"The Prosecutor's Office attached to the High Court of Cassation and Justice expresses a position unfavorable to the adoption of the legislative proposal in the form analyzed. We consider it necessary to maintain a coherent and efficient criminal justice framework, while simultaneously developing genuine mechanisms for the prevention, treatment, and reintegration of users. Drug-related criminal policy must be firm regarding criminal activity, proportionate to individual conduct, and responsible regarding public health," the cited position states. AGERPRES
