International drug trafficking lawyer in Bucharest

In such cases I verify:

• where and how the substances were discovered;
• the international route alleged by the prosecution;
• who organised the travel or shipment;
• who had control over the luggage, parcel or vehicle;
• what the investigated person actually knew about the contents;
• transport documents;
• reservations and tickets;
• phone data;
• locations and communications;
• payments and money transfers;
• evidence regarding sender and recipient;
• technical surveillance;
• any controlled deliveries;
• control and search records;
• the report on the nature of the substance;
• the chain of custody of the evidence;
• the concrete role attributed to each person.

Article 3 of Law no. 143/2000 criminalises the introduction or removal from the country, as well as the import or export of drugs, without right. It is an offence distinct from the forms of drug trafficking regulated by Article 2.

In practice, the international element can arise through:

• road transport;
• air transport;
• luggage;
• parcels;
• courier services;
• maritime transport;
• other methods by which substances cross the border.

The current form of Article 3 of Law no. 143/2000 provides:

• for risk drugs: 10 to 20 years' imprisonment and a ban on certain rights;
• for high-risk drugs: 15 to 25 years' imprisonment and a ban on certain rights.

For the offence under Article 3 paragraph (2) - international trafficking of high-risk drugs - the law expressly provides that suspended execution of the sentence under supervision cannot be ordered. This rule was introduced by Law no. 58/2024.

For this reason, the classification of the substance and the exact determination of the facts alleged are of major importance.

Articles 2 and 3 regulate different facts. Article 3 concerns the cross-border element - introduction, removal, import or export. Article 2 concerns operations for the circulation of drugs such as production, offering, sale, distribution, transport, procurement, purchase or possession, under the conditions provided by law.

In certain situations, a cross-border activity may lead to the analysis of both offences. The High Court of Cassation and Justice has expressly analysed the possibility of concurrence between international trafficking and drug trafficking in the situation of cross-border transport continued thereafter on Romanian territory.

Therefore, the following must be established separately:

• the moment the border was crossed;
• conduct after entering Romania;
• the role of each participant;
• the evidence relating to each charge.

The fact that the substances are in luggage associated with a person is important evidence, but the case must be analysed as a whole. The following must be verified:

• who prepared the luggage;
• who had access to it;
• who actually controlled it;
• what the person knew about the contents;
• what conversations exist;
• who bought the tickets;
• who financed the trip;
• what other evidence supports or contradicts the charge.

There is no standard strategy for all situations. If the quantity found is small and the investigation considers personal use, the analysis differs, as explained on the page about drug possession for personal use.

In such cases the investigation may trace the entire route of the parcel:

• sender;
• details entered in the order;
• phone number;
• delivery address;
• payment;
• IPs and accounts;
• recipient;
• the person who actually collected the parcel;
• communications between the people involved.

It must be established whether the recipient actually knew the contents and what evidence exists in this regard.

If you have been summoned to collect a parcel or after receiving it, discuss with a lawyer before making a statement. See what assistance during questioning involves and what happens during a home search.

The law allows, subject to applicable procedural conditions, the use of controlled deliveries in the investigation of drug offences. Legislation also permits the use of authorised investigators and collaborators under the conditions of the law.

In such a case I verify:

• the authorisation documents;
• the sequence of operations;
• the moment the judicial authorities intervened;
• the persons under surveillance;
• how the actions were documented;
• the statements of investigators or collaborators;
• whether the evidence actually supports the role attributed to the client.

International trafficking cases often have a significant digital and financial component. The prosecution may try to reconstruct the alleged route of the operation through:

• conversations;
• calls;
• locations;
• reservations;
• online accounts;
• money transfers;
• payments for transport;
• courier data;
• photos and files.

In defence it is not enough to read isolated fragments. The complete chronology, the real link between each piece of evidence and the alleged act, and the lawfulness of how data was extracted during a computer search must all be verified.

A person can be investigated even if they did not themselves cross the border with the substances, if the prosecutor alleges that they participated in organising or carrying out the operation. In this case the following must be established exactly:

• what action is attributed to them;
• what evidence supports participation;
• whether there are only contacts with other people or concrete actions;
• whether the person knew the purpose of the operation;
• whether the charge correctly distinguishes the roles of the participants.

Simple association with other people does not replace proof of individual contribution.

In cases with several participants, the prosecutor may also examine the existence of an organised criminal group. This offence has its own elements and does not automatically result from the mere fact that three or more people are investigated in the same case.

I analyse separately:

• the cross-border element;
• the nature and classification of the substance;
• the concrete role attributed to the client;
• knowledge of the transported contents;
• the link between the client and the other participants;
• digital and financial evidence;
• legality of controls, searches and surveillance;
• any controlled deliveries;
• the legal classification;
• connected charges.

Strategy is built from the case, not from assumptions.