The Cooperation and Its Forms in Offenses Concerning with Narcotics Trafficking

Abstract

The trafficking of narcotics is one of the images of the offenses with high social risk. These offenses have social threat not only about the character of the legal relations that affect them but also for the way the are committed, the category of persons who engage in these activities and the high level of cooperation between dangerous entities. The characteristic of these offenses is that they are considered committed under aggravated circumstances, when committed in collaboration or more than once. Almost all the figures of the offenses, such an element, is defined in a separate paragraph. This legal arrangement is made with the recent changes to the Penal Code, as the previous code predicted such circumstances just as aggravating circumstances that were used for the individualization of the punishment. Therefore, in this paper we will try to analyze these notions, for the importance that they present but also for the fact that they are the same for all types of these offenses. Viewed in this point of view, we will say that if the cultivation, production of narcotics; production and manufacture of narcotics and psychotropic substances; their import, export and transit ; marketing and distribution, (respectively the articles 284/c/2, 283/a, 283/a/2), are carried out in collaboration or more than once, considered committed in qualifying circumstances, and their sentence is higher.

DOI: 10.5901/mjss.2015.v6n1s1p379