ASPECTS ON INQUISITION PROCEDURE IN CRIMES RELATED TO THE REGIME OF DRUGS AND PRECURSORS (English version)
George Gabriel Nicolae and
Corina Nicolae
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George Gabriel Nicolae: Lawyer, Vrancea Bar, Romania
Corina Nicolae: Asistent universitar drd., Facultatea de Stiinte Administrative, Universitatea „Danubius”, Galati, Romania
Jurnalul de Studii Juridice, 2010, vol. 3-4, 311-317
Abstract:
The inquisition is the procedural activity consisting in searching a person or its premises in order to find and pick up objects or inscriptions known and solicited by the judicial organ, but not voluntarily delivered, as well as the eventual discovery of evidence necessary to find the truth in cause. Inquisition represents an important derogation from the principle of inviolability of home and residence of a person, an important restraint of the right to privacy and inviolability of private life. In case o the crimes regarding drug traffic, the se of this mean in order to discover and collect evidence is extremely important for proving the criminal activity of the defendants, because through this method, the defendant is caught carrying the drugs or having the drugs at the domicile, in the car, evidence that is very hard to contest. The rules governing the inquisition are provisioned by the Constitution in article 27, paragraph 3 and 4 and in the Code of Criminal Procedure, in articles 100-111. Inquisitions in the cases of drug crimes aim at the following: discovery of drugs, toxic substances of products; discovery of installations or equipment used for production, conditioning or experimenting with drugs; discovery of raw material or intermediate products, including substances used in production and refining drugs; catching dealers hiding in a certain place; identifying and collecting inscriptions regarding the way drugs are procured, their provenience, people involved; discovery of goods or values obtained by selling illicit drug traffic; discovery of other goods or values held against the legal dispositions in force (arms, ammunition, explosives, fake means of payment etc.).
Keywords: The inquisition; drug traffic; evidence; drugs; private life. (search for similar items in EconPapers)
JEL-codes: A23 K14 (search for similar items in EconPapers)
Date: 2010
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