Beyond the abstract seriousness of the offence: we secured a suspended sentence in a drug trafficking case

We secured a favourable outcome in a criminal case concerning offences of trafficking in risk-category drugs and possession of risk-category and high-risk drugs for personal use, provided for in Article 2(1) and Article 4(1) and (2) of Law No. 143/2000, respectively.

Through the defence strategy we developed, we sought to make use of all legal mechanisms for reducing the statutory sentencing limits and to highlight the specific circumstances of the case and the defendant’s personal circumstances, demonstrating that a properly tailored sentence requires an individualised and proportionate assessment of criminal responsibility.

As a result, the Timiș Tribunal imposed an aggregate sentence of 1 year and 11 months’ imprisonment, with its execution suspended under supervision, also recognising a judicial mitigating circumstance.

This case demonstrates once again that an effective defence does not mean downplaying the seriousness of offences, but rather making use of the safeguards of a fair trial and the principle of proportionality, so that each person is judged for their own conduct, taking into account all the specific circumstances of the case. The individualisation of criminal responsibility must be based on the evidence presented and the requirements of the law, not on public perceptions or expectations regarding the severity of the penalties applicable to a particular category of offences. This distinction is essential to the administration of independent and impartial criminal justice, in accordance with the safeguards enshrined in Article 6 ECHR.

The client was assisted and represented by attorney-at-law Mihai Bunu, a member of the criminal law practice at Cărămidariu Druță Bunu SCA.