Theory and practice in the indivizualization of the penalty for crimes related to drugs

摘要

This paper presents an overall analysis of the main problems related to drug law enforcement, in terms of the individualization of the penalty. There are presented in this context, not just some comments on the regulatory framework but also problems and solutions appeared in the judicial practice. Also, in this paper there are highlighted aspects related to the social realities that shape the drug phenomenon in the Romanian society. The complex nature of the legislation on drugs very often leads to different points of view in the interpretation and application of the law. The analysis undertaken is based on both the Criminal Code, and Law 143/2000 on combating trafficking and illicit drug use. We appreciate that a real reform of justice, does not consist only of the structural changes of the system or a legislative reform that would create the necessary framework for the judiciary power, but also a practice that achieves the community requirements.