Article 2:
(1) - Unlawful cultivation, production, manufacturing, experimentation, processing, transformation, offering, setting to sale, sale, distribution, delivery under any title, shipment, transportation, procurement, purchasing, possession or any operation related to risk drugs, shall be punished with imprisonment from 3 to 15 years and prohibition of certain rights;
(2) - If the acts provided by paragraph I relate to high /risk drugs, the punishment shall be imprisonment for a term of 10 to 20 years and prohibition of certain rights.
Article 3:
(1) - Bringing risk drugs in or taking them out of the country as well as importing or exporting them, without a lawful authorization shall be punished with imprisonment for a term of 10 to 20 years and prohibition of certain rights;
(2) - If the acts provided by Art. 1 refer to high risk drugs, the punishment shall be imprisonment for a term of 15 to 25 years and prohibition of certain rights.
Article 4 :
Unlawful cultivation, production, fabrication, experimentation, extraction, processing, transformation, purchasing or possession of drugs for personal use shall be punished with imprisonment for a term of 2 to 5 years.
Article 5:
Internationally making available, under any title, premises, dwellings or any other location where the public has access, for illicit drug consumption, or toleration of drug consumption in such places shall be punished with imprisonment for a term of 3 to 15 years and prohibition of certain rights.
Article 6:
(1) - Intentional prescription of risk drugs, by a doctor, when such prescription is not necessary from the medical point of view, shall be punished with imprisonment for a term of 1 to 5 years;
(2) -The same punishment shall be inflicted for deliberate issuing or acquiring of high risk drugs on the basis of a medical prescription drawn up under the conditions provided by paragraph (1) or of a forged medical prescription.
Article 7:
Administration of high risk drugs to a person in violation of law shall be punished with imprisonment for a term of 6 months to 4 years;
Article 8:
Providing a minor with toxic chemical inhalation agents for consumption shall be punished with imprisonment for a term of 6 months to 2 years, or with fine.
Article 9 :
Production, fabrication, importation, exportation, offering, selling, transportation, delivery under any title, shipment, procurement, purchasing or possession of precursors, equipment or material with a view to using them for the illicit cultivation, production or fabrication of high risk drugs shall be punished with imprisonment for a term of 3 to 10 years and prohibition of certain rights.
Article 10 :
Organizing, conducting or financing criminal acts provided by Articles 2-9 shall be punished by relevant legal sanctions, the maximum limits be increased by period of three years.
Article 11:
(1) - Should the incitement, by any means, to illicit drugs consumption be followed by execution, it shall be punished by imprisonment for a term of 6 months to 5 years.
(2) - If the incitement is not followed by execution, it shall be punished either by imprisonment for a term of 6 months to 2 years or by fine.
Article 12:
(1) - Should the acts provided by Articles 2, 3 and 5 be committed by a person pertaining to an organization or association or to a group of at least three members with definite structures and, established in order to commit those acts and get benefits and other proceeds from crime, he/she shall be punished with life imprisonment or imprisonment for a term of 15 to 25 years and prohibition of certain rights.
(2) - The acts provided by Articles 4, 6, 7, 9 and 11 when committed under the conditions stipulated under paragraph (1) shall be punished with imprisonment for a term of 3 to 15 years.
(3) - In case that any of the acts provided by Articles 2,3 and 5 results in the victim's death, the offender shall be punished by life imprisonment or by imprisonment for a term of 15 to 25 years and prohibition of certain right.
Article 13:
(1) - The attempt to commit any of the offences provided for under Articles 2-7, 9and 10 shall be punished.
(2) - Production or procurement of means and instruments, as well as the steps taken with the aim of committing any of the offences provided for under paragraph 1, shall be considered attempts.
Article 14:
In relation to the offences provided for under this chapter, besides the situations provided for under the Penal Code, the following instances shall qualify as aggravating circumstances:
a) the person who committed the offence was in a position involving the exercise of public authority, and was acting in this capacity at the time the offence was committed;
b) the offence was committed by a medical agent or by a person with statutory
responsibilities in the fight against drugs;
c) the drugs were sent, and delivered, distributed or offered to a minor, a mentally disordered person, or a person under detox or medical surveillance, or other such forbidden activities were carried out in relation to any of the said persons, or the offence was committed in medical, training or military institutions or units, or in custody centers,
social assistance or re-ed centers, or medical training institutions, or in places where pupils, students or other young person carry out training, sporting or social activities, or anywhere in the proximity of the said locations;
d) minors are used in the committal of any of the offences provided for under Articles 2-11;
e) the drugs were mixed [with] other substances, thus increasing risks to the life and integrity of person
Article 15:
That person who, before initiating criminal prosecution, denounces to the competent authorities his/her participation in an association or agreement to commit any of the offences provided for under Articles 2-10, thus making easier the identification and infliction of criminal liability of the other participants, shall not be punished.
Article 16:
That person who has committed any of the offences provided for under Articles 2-10 and, who, during criminal prosecution, denounces and facilitates the identification and penal prosecution of other persons who have committed drug-related crimes, shall benefit from the reduction to a half of the statutory penalty limits.
Article 17:
(1) - Drugs and other assets related to the offences provided for under Articles 2-10 shall be confiscated. In case they are not found, the convict is legally bound to pay an amount of money equivalent to their value.
(2) - Money, securities or any other asset gained by turning drugs and other assets provided for under paragraph I to account shall also be confiscated.
Article 18:
(1) - Drugs seized with the aim of confiscation shall be destroyed. Keeping of counterproofs is compulsory.
(2) - The following shall be exempted from destruction:
a) Usable medicine remitted to pharmacies or medical units after the prior notice given by the Pharmaceutical Directorate within the Ministry of Health;
b) Plants and substances used in the pharmaceutics industry or other industry, function of their nature, which have been remitted to a public or private economic agent authorized for their use or exportation;
c) Appropriate quantities, which shall be kept for the purposes of training or scientific research, or which have been remitted to drug-dogs and other animals training units for the purpose of training them, according to statutory provisions.
(3) The drugs shall be destroyed periodically, by cremation or by other adequate means, by a commission consisting of one representative from each of the following institutions: the Prosecutor's Office with the Supreme Court of Justice, the Ministry of Health -Pharmaceutical Directorate, the Ministry of Water, Forests and Environment Protection, and of an expert from the Central Unit for the fight against illicit trafficking-in drugs and the person responsible of the room where the bodies of evidence are stored, within the same unit.
