Another drug dealer was convicted by the Bistrița-Năsăud Tribunal. This time, however, the punishment, although with execution, is not a large one, given that the defendant admitted his guilt and was tried according to the simplified procedure. This is Tinca Marcel, accused by DIICOT prosecutors of high-risk drug trafficking and of carrying out operations without the right to produce psychoactive effects, who was sentenced in October to 2 years and 8 months in prison with execution, a sentence of which he served more than one year, he has been in pre-trial detention since August 2021. The court’s sentence was attacked by DIICOT prosecutors at the Cluj Court of Appeal, who decided that the ruling would come on December 21.
In recent years, drug trafficking has increased in Bistrița-Năsăud, obviously increasing the demand on the „market. The phenomenon has become worrying, especially among young people, especially as consumers, they become dealers fairly quickly, in order to get money to pay, in turn, banned substances.
This is also the case of Marcel Tinca, who became addicted to drugs, ended up selling to others.
„The defendant Tinca Marcel has long been a drug addict. As it has increased over time the amount of cannabis consumed in order to obtain income to enable it to consume, it has decided that, in turn, to market this drug for income. In this context, although at the beginning (2012-2013) he participates as an intermediary in drug trafficking operations (according to his statement), subsequently, starting with 2018, after returning from Germany, he began buying the risk drug cannabis and the substance with psychoactive effects known as „salt” from various people, both to personally use cannabis, but also to sell this drug and psychoactive substance.
The defendant bought large quantities of cannabis so that, from the sale of most cannabis, he could obtain the money needed for the cannabis used, so that the main purpose was to sell the drug, is shown in the statement of reasons given by the Bistrița-Năsăud Tribunal.
Among those who fed Tinca, was Liviu Căienar, the drug dealer recently sentenced to over 14 years in prison, but also buy from people about whom he could not provide complete identity data, known only as first name or nike-name in the accounts of social media applications.
Caught with over 3 kg of cannabis on it
Tinca entered the sights of DIICOT prosecutors in 2018, after being cast by one of its clients. He fell into the trap of investigators on a August night in 2021 because he was arguing in public with his girlfriend, which is why the police intervened and thus was caught red-handed with drugs on him, respectively 3.27 kilograms of cannabis and 37.3 grams of bath salt.
He was detained for 24 hours and then arrested on remand. In February this year, he was sent to trial, accused of committing three offenses of drug trafficking in continued form – subsequently changing the legal classification into a single offense in a continuous form (with 44 material acts) – and two offenses of operations with substances likely to produce psychoactive effects – subsequently changing the legal classification into a single offense of this kind, in a continuous form, with 13 material acts.
“In the case of the defendant Tinca Marcel, it was noted that before 16.08.2021 (possibly 10-11.08.2021), he bought and then held without right, in order to be marketed, the amount of 37.3 grams of substances likely to produce psychoactive effects (3 – METHIYMETHACATHINONE (3 -MMC)), deed that constitutes the crime of performing without right operations with substances likely to produce psychoactive effects – prev. of art. 16 para. 1 of Law no. 194/2011. It was also noted that on 18.09.2020, the defendant sold to the authorized collaborator with the code name „XX” the amount of 1.8 grams of cannabis, as well as that during October 2020 he sold to the named ZZ – (…) the amount of 996.9 grams of cannabis.
The indictment states that this act constitutes the crime of drug trafficking in a continuous form (2 material acts) – prev. of art. 2 para. 1 of Law no. 143/2000, with application. art. 35 para. 1 C.pen.
Also, in the indictment it was noted that: between the end of 2018 and the end of 2019, defendant Tinca Marcel sold to the denominator A.A., based on the same criminal resolution, in 6 different rows, quantities between 1 – 5 grams of the cannabis risk drug, with the amount of 30-50 lei per gram; during December 2018 and January 2019, respectively, he sold to the named Mihăescu Emanuel (son of Marian Mihăescu, who carried out several drug shipments from Spain for Liviu Căienar), in 5 rows, different amounts of cannabis; in autumn 2018, respectively at the end of September, the so-called Tinca Marcel called „Bugy” bought from the so-called Căienar Liviu the amount of 500 grams of cannabis risk drug for the amount of 10,000 lei, a drug that later called Tinca Marcel called „Bugy”, sold to various consumers in Bistriţa-Năsăud County, and in mid-November 2018 the so-called Tinca Marcel said „Bugy” and B.B. said „Chucky” bought from the so-called Căienar Liviu the amount of 500 grams of the cannabis risk drug for the amount of 10,000 lei, which they later (Tinca Marcel called „Bugy” and B.B. called „Chucky”) sold to various consumers in Bistriţa-Năsăud County. (…)
Finally, it was noted that between December 2018 and January 2019, the defendant sold to the named Mihăescu Emanuel, on several occasions, the substance with a known psychoactive effect as ‘bathroom salt’, and between the end of 2018 and the end of 2019 sold to whistleblower XX, based on the same criminal resolution, in 10 different rows, quantities between 4 -15 grams of the psychoactive substance known as bath salt, with the amount of 50 lei per gram, facts that constitute the crime of performing operations with substances likely to produce psychoactive effects, without right (12 material acts), being gathered the constitutive elements of the crime prev. of art. 16 para. 1 from Law no. 194/2011, with application. art. 35 para. 1 of C.pen. ”, is shown in the court document.
To escape cheaply, he admitted his deeds and strangled another trafficker
At the first term of the case, Tinca admitted her facts before the court and asked to be tried on a simplified procedure, a request admitted by the court.
In the end, he was sentenced to 2 years and 8 months in prison with execution (resulting sentence), with the balance hanging heavy and the fact that he filed a complaint against another drug dealer. However, the court took into account the fact that Tinca presents a high risk of committing new crimes of the same type, mainly.
“The evidence in the file shows that from the beginning of the criminal resolution, the defendant had an overall representation of his actions, which he subsequently carried out during the years (…), at various intervals, until he was caught red-handed on 16.08.2021 by the police. The single criminal resolution was maintained by the defendant throughout the years (…), an aspect resulting from the criminal specialization of the defendant and the legal homogeneity of the facts, which are of the same nature, during which time through the criminal activity it targeted the same unique purpose mentioned above. Considering the address no. 1232 / III-13/2022 of 13.07.2022 issued by DIICOT – Bistriţa-Năsăud Territorial Office which shows that on 12.07.2022 the defendant Tinca Marcel filed a complaint against a person for the crime provided by art. 16 of Law no. 194/2011 and the fact that he heard as a witness in file no. 34D / P / 2020 regarding the denounced aspects, provided data that facilitate the prosecution of the denounced person, the court will retain in favor of the defendant the provisions of art. 19 of Law no. 682/2002, with the consequence of halving the penalty limits provided by law for the offenses in his charge.
Proceeding in the individualization of the sentence to be applied to the defendant, the court will consider, in advance, that he is judged according to the procedure of acknowledging the accusation prev. of art. 375 Code of criminal procedure, so that according to the provisions of art. 396 para. 10 Code of criminal procedure, the limits of punishment provided by law for the crime in charge of it are reduced by 1 / 3.
When establishing the sentences, the court will take into account the concrete gravity of the crimes committed and the danger of the defendant, evaluated in the light of the criteria provided by art. 74 Criminal code, respectively: the circumstances and the manner of committing the crimes, the state of danger created for the values protected by the criminal law, the gravity and consequences of the facts, the conduct of the defendant after committing the acts, the level of education, age, his family and social situation.
At the same time, the court will consider the individualization of the punishment the data provided by the Evaluation Report no. (…) issued by the Bistriţa-Năsăud Probation Service, which shows that the defendant presents a high risk of committing new crimes (of the same type, mainly) ”, specifies the court in the statement of reasons.
