Drivers who consume forbidden substances, prison from 1 to 5 years. Project adopted by Senate / Expert: An innocent drivers will be punished

On Monday, the Senate voted for a draft law criticized by experts, which brings important changes for drivers who are positively tested for banned substances. Among the amendments are a “non -punishment clause” according to which the drivers who are detected positively after they have consumed drugs based on a medical prescription. The Ministry of Health has one year to determine which drugs containing prohibited substances are.

The project was approved by the Senate with 85 votes “for”, 3 “against” and 30 abstentions.

The legislative initiative generated debates in the public space, leading to a decision of the supreme court, which decided at the beginning of the year that, in order for a person to be convicted for driving a vehicle under the influence of drugs, it should be noted that the substance has affected the driver's ability to drive “and” to be found in the biological substance “.

The members of the Senate Legal and Health Commissions have debated the amendments of the legislative proposal that provides for the punishment of persons who drive vehicles after consuming drugs or other psychoactive substances, the drugs based on a medical prescription being excluded. The project has been postponed so far by the Legal Commission to have additional time to formulate amendments.

Prison from 1 to 5 years for “leadership under the influence of psychoactive substances”

In the form adopted by the Senate, the punishments remained as provided by the Criminal Code – prison from 1 to 5 years, and were not increased from 2 to 7 years, as provided by the draft law in the initial form.

The law stipulates that it will not apply if the presence of the substance in the blood is the result of the administration of some drugs, and not the drug use. If the driver presents a medical prescription that demonstrates that the doctor recommended taking Codeine drugs, for example, will not be punished.

“The driving of a vehicle for which the law stipulates the obligation to hold the driving license by a person who has drugs or other substances with psychoactive effects is punished by imprisonment from 1 to 5 years and the prohibition of exercising rights. The therapeutic dose and other indications and recommendations regarding their administration!, provides for the amended form of the legislative proposal for amending Law 286/2009 regarding the Criminal Code.

Criticized in plenary, and in commissions

If it also passes the Chamber of Deputies, which is a decision -making, in the current form, after being promulgated by the president, the draft law will enter into force one year from the moment of publication in the Official Gazette.

The legislative project was criticized in both the specialized and plenary committees.

USR Senator Simona Spătaru said that the project brings a few solutions and more controversies.

“This postponement seen today in an amendment, with the present law that comes into effect in a year, says more. It is clear that the initiators are not very happy from what has finally come out,” said Simona Spătaru from the Senate stand.

Nadia Cerva (Sos Romania) invoked the position of the High Court of Cassation and Justice, which recommends the introduction of clear thresholds, not of non -punishment clauses.

“Let's start a good project, not one in half. Otherwise, the files arrive in court, delay, and we also complain that it takes too long,” she said.

For her part, PSD senator Victoria Stoiciu, invited to debates, explained that, six hours after the administration of a Nurofen Plus, the results of the analyzes showed him that he has Codeine in the blood, without indicating and its source.

“In this case, the prosecutor will have to ask for an expertise, to determine the origin. It is not only about codeine, but also other products, such as nasal sprays,” she said.

Some of the senators present claimed that the amendments adopted on Monday were received by the members of the specialized commissions 20 minutes before the meeting began. Moreover, representatives of civil society and experts were not allowed to participate in the commission debate.

Cătălina Hopârteanu, the deck representative, told HotNews.ro, that she had applied to attend the commission meeting, as she always does.

However, the two presidents, Ion-Cristinel Rujan (Legal Commission, Appointments, Discipline, Immunities and Validations) and Adrian Streinu-Cercel (the Health Commission) did not allow the expert access on the grounds that they participated in the other debates.

Expert: “innocent drivers will continue to be punished”

“The amendment that seems to except for prescription drivers does not solve any of the problems of the draft law that would make Romania the only country that would punish innocent people based on the simple presence or absence of any substances, without quantitative measurements and without forensic expertise. public drugs, for hotnews.ro.

He says that there were convicted people after taking trivial drugs, for which no prescription is issued, such as Nurofen Plus, containing Codeine.

“An innocent drivers who have stopped from the consumption of illegal substances will be punished. For example, cannabis can remain residually in the blood even a month in some cases,” adds Vlad Zaha.

He also draws attention to the fact that there will be an avalanche of medical prescriptions.

“It will be impossible to find out if people with a prescription have even followed the prescription, because the forensic expert and quantitative analysis are eliminated. We will have a transition to drug use far beyond the legal limits because no one will be able to measure the quantity, it will only be present/absent,” said Zaha.

In conclusion, he says that quantitative analysis is needed for all cases of illegal or legal substances to avoid sanctioning some residues and the forensic expertise is needed to see if the prescription drivers have correctly taken their treatments.

In force one year after publishing in the Official Gazette

In the 12 months since the publication in the Official Gazette, the Ministry of Health will have to draw up a list of drugs containing psychoactive substances that may affect the ability to drive.

In addition, the initiators demand that all drugs containing psychoactive substances, such as Codeine, be issued only on the basis of the medical prescription.

Social Democrat Senator Robert Cazanciuc, one of the initiators, said that the new changes in the project eliminates the need for an expertise in the ability of a substance to affect or not the ability to lead. He explained that, at present, these experts are mandatory even when the guilt is clear.

“In the absence of scientific criteria assumed by the Ministry of Health, expertise today is a great margin of subjectivism, which can lead to abuse or even corruption. Debates on this project have shown the need for amendments to protect patients who take drugs containing psychoactive substances, but who, in respect, are not a public,

He also adds that this one -year term allows the Ministry of Health to take action, so that patients can no longer buy drugs that contain psychoactive substances from pharmacies, without a prescription.

There is a list of substances that affect the ability to drive elaborated by the Ministry of Health, but it is only informative, as it must be transposed into the law.