The Cooperation and Its Forms in Offenses Concerning with Narcotics Trafficking

Agron Bajri

doi:10.5901/mjss.2015.v6n1s1p379

Abstract

The trafficking of narcotics is one of the images of the offenses with high social risk. These offenses have social threat not only about the character of the legal relations that affect them but also for the way the are committed, the category of persons who engage in these activities and the high level of cooperation between dangerous entities. The characteristic of these offenses is that they are considered committed under aggravated circumstances, when committed in collaboration or more than once. Almost all the figures of the offenses, such an element, is defined in a separate paragraph. This legal arrangement is made with the recent changes to the Penal Code, as the previous code predicted such circumstances just as aggravating circumstances that were used for the individualization of the punishment. Therefore, in this paper we will try to analyze these notions, for the importance that they present but also for the fact that they are the same for all types of these offenses. Viewed in this point of view, we will say that if the cultivation, production of narcotics; production and manufacture of narcotics and psychotropic substances; their import, export and transit ; marketing and distribution, (respectively the articles 284/c/2, 283/a, 283/a/2), are carried out in collaboration or more than once, considered committed in qualifying circumstances, and their sentence is higher. DOI: 10.5901/mjss.2015.v6n1s1p379

Highlights

The trafficking of narcotics is one of the images of the offenses with high social risk
In this way the penal legislation provides the simple cooperation 1, according to article 25 of the Penal Code, the armed band 2 and the criminal organization 3 according to article 28 of the Penal Code, as more sophisticated forms of cooperation
Every situation of cooperation requires the fulfillment of elements, first the psychological element related to the subjective attitude and the operating element that is related with the objective attitude

Summary

The Simple Cooperation

In the case of cultivation of narcotic plants will answer as a collaborator even the person that gives advice on how to plant, perform services and harvest the narcotic plants. In the case of laundering dirty money the tax authorities accept for granted an annual balance sheet of an economic entity, being aware that a portion of the revenue of this subject has come from criminal activities in connection with narcotics, will be responsible for this crime as an accomplice along with the specialist that develops the balance sheet and the person under whose authority is compiled this balance sheet. In case the agreement is in writing it is easier to investigate the criminal case being that the acts committed by the subjects have left written traces. In cases when it is an instant agreement it should be considered the entirety of the elements whose analysis leads to the identification of the collaborators

The Cooperation as a Gang and Criminal Organization

The Investigation and Trial of the Criminal Offenses Related to Narcotics

Conclusions