OBSERVAȚII PRIVIND CONȚINUTUL LEGAL AL ART. 6 DIN LEGEA NR. 143/2000, REPUBLICATĂ

Making the due observations regarding the legal content of Article 6 of the Law No 143/2000, republished in 2014, the authors came to the final conclusion that Article 6 of the mentioned law contains three distinct incriminations regarding the high-risk drug trafficking.
Thus, Article 6 (1) of the Law No 143/2000, republished, includes the crime of high-risk drug trafficking, representing the medically unnecessary prescription of such substances by a
doctor.
In paragraph (2) of Article 6 of the same law it is incriminated the high-risk drug trafficking, by releasing such substances from pharmacies on the basis of a recipe that includes a prescription that is not medically necessary or is falsified. In paragraph (3) of Article 6 of the same law, the high-risk drug trafficking is incriminated, by obtaining such substances from a pharmacy based on a fictitious medical recipe.
In conclusion, the authors state, if a drug addict doctor prescribes to himself high-risk drugs on a recipe without being medically necessary and obtains them from a pharmacy, he will commit two crimes in real concurrence, namely the one provided in Article 6 (1) and the one provided in Article 6 (3) of the Law No 143/2000, republished.