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THE CRIMINAL CODE

GENERAL SECTION

TITLE I

CRIMINAL LAW AND ITS ENFORCEMENT RESTRICTIONS

CHAPTER I

PRELIMINARY PROVISIONS

Art. 1. - Criminal law protects Romania, state sovereignty, independence,


unity and indivisibility, the individual and his rights and liberties, property as well
as rule of law against crimes.

Art. 2. - The law specifies what actions constitute crimes, provides the
penalties applied to criminals and the measures which can be taken in case such
actions are committed.

CHAPTER II

RESTRICTIONS ON CRIMINAL LAW ENFORCEMENT

Section I

Criminal law enforcement in space

Art. 3. - Criminal law applies to crimes committed in Romania.

Art. 4. - Criminal law applies to crimes committed outside Romania, if the


perpetrator is a Romanian citizen or if, possessing no citizenship, the perpetrator
has residence in Romania.
Art. 5. - Criminal law applies to crimes committed outside Romania, which act
against the Romanian state security or against a Romanian citizen's life, or which
seriously damaged physical integrity or health of a Romanian citizen and which
are committed by a foreign citizen or by a person without citizenship and who is
not residing in Romania.

The initiation of a criminal suit for the crimes described in the previous
paragraph must be preliminarily authorized by the general prosecutor.

Art. 6. - Criminal law also applies to other crimes than mentioned in art. 5,
paragraph 1, namely to crimes committed outside Romania by a foreign citizen
or by a person without citizenship and who is not residing in Romania, if:

a) the respective action is considered a crime as well by the criminal law


of the country where the action was committed;
b) the perpetrator is in the country.

For crimes against the Romanian state interests or against a Romanian


citizen, the criminal can be sued also in case his extradition has been obtained.

The provisions in the preceding paragraphs do not apply if, in accordance


with the law of the country where the criminal committed the crime, there is any
cause preventing initiation of penal suit or continuation of the penal process or
penalty enforcement, or when the penalty was executed or considered as having
been executed. When the penalty was not executed at all or only part of it was
executed, the next procedure will be in accordance with legal provisions on
compliance with foreign sentences.

Art. 7. - The provisions of art. 5 and 6 will be applied only if there is no


different disposition imposed by an international convention.

Art. 8. - Criminal law does not apply to crimes committed by diplomats of


foreign countries or by other persons who, in compliance with international
conventions, are not subject of the Romanian state criminal jurisdiction.

Art. 9. - Extradition is provided or can be demanded on the basis of


international convention, on the basis of reciprocity, and in case they do not
exist, according to the law.

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Section II
Criminal law enforcement in time

Art. 10. - Criminal law applies in case of crimes committed at the time this
law is in force.

Art. 11. - Criminal law does not apply to actions which, at the moment of
their perpetration, were not provided as crimes by the law.

Art. 12. - Criminal law does not apply to actions committed under the
former law if they are not mentioned any longer by the latest law. In this case,
the execution of penalties, security and educational measures provided by the
former law, as well as all penal consequences of court decisions on these
actions, cease once the new law enacted.

Art. 13. - In case between the perpetration of the crime until the judgment
in last trial of the cause one or more criminal laws occurred, the most favorable
law will be applied.

When the former law is more favorable, complementary penalties that


correspond to those in the new law will be applied according to the content and
restrictions provided by the new law, and those which are not provided any more
by the new law, will not apply.

Art. 14. - In case between the final conviction and complete execution of
fine or conviction penalty another law was issued, which provides a less serious
penalty, the applied sanction will be restricted to the special maximum penalty
provided by the new law if that sanction exceeds this maximum.

If between final life sentence and its execution a new law was issued
which provides imprisonment for the same action, life conviction penalty will be
replaced with the maximum imprisonment provided for the respective crime.

If the new law provides only fine instead of imprisonment, the applied
penalty will be replaced with the fine, without exceeding the special maximum
provided by the new law. On the basis of the executed part of the imprisonment
penalty, fine penalty can be partially or totally dropped.

Complementary penalties, security measures, as well as educational


measures which are neither executed or provided by the new law, will not be
executed any more, and those which have correspondent in the new law are
executed according to the content and restrictions imposed by this new law.

When a provision in the new law refers to ultimately applied penalties, in


case of penalties in course of execution at the new law's enactment, a reduced

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or replaced penalty will be considered in accordance with the preceding
paragraphs.

Art. 15. - If between the ultimate conviction decision and complete


execution of the imprisonment penalty a new law was issued, which provides a
less heavy penalty and the sanction applied is less than the special maximum
provided by the new law, considering the perpetrated crime, the nature and
attitude of the perpetrator after the decision pronouncement or during the
execution of the penalty and considering the interval of executed penalty, the law
can provide either maintaining or diminution of the penalty. The applied penalty
cannot be diminished under the limit, which would be the result of its reduction
proportionally with the diminution of the special maximum provided for the
perpetrated crime.

The provisions in art. 14 paragraph 5 apply also to sentences mentioned


in the article hereby, which are executed until the enactment date of the new law
and the penalty of the decision is one third reduced.

Art. 16. - Temporary criminal law applies to crimes committed during the
enforcement of the law even if the action was not investigated or brought into
court at that time.

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TITLE II

CRIMES

CHAPTER I

GENERAL PROVISIONS

Art. 17. - Any action, which constitutes social threat, which is willingly
perpetrated and which is provided in the criminal law, constitutes a crime.

Crime is the only ground for criminal responsibility.

Art. 18. - An action which constitutes social threat in criminal legal terms
is any action or non-action through which one of the values mentioned in article 1
are damaged and for whose sanction a penalty needs to be applied.

Art. 181. - Any action provided by criminal law does not constitute a crime
unless its minimum damage to one of the values protected by the law and its
concrete substance, obviously insignificant, represent the degree of social threat
pertaining to a crime.

In specifically establishing the degree of social threat, the manner and


means of the crime perpetration are considered, as well as the consequences
produced or likely to be produced, and the perpetrator's position and attitude.

In case of the actions mentioned in the article hereby, the prosecutor or


the court applies one of the administrative sanctions provided in article 91.

Art. 19. - Guiltiness occurs when the action, which constitutes social
threat, is committed deliberately or by negligence.

1. An action is deliberately committed when the criminal:


a) predicts and intends the result of his action through the
perpetration of this action;
b) predicts the result of his action and not accept it even if does not intend it,
accepts the possibility of its occurrence,. because of groundless consideration
that the result will not occur;
2. An action is committed by negligence when the criminal:

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b) does not predict the result of the action, although the person should have or
could have predicted.

An action committed by negligence constitutes a crime only if the law


specifically provides it.

An action constituting non-action represents a crime, no matter if


deliberately committed or committed by negligence, except for the case in which
the law sanctions only deliberate perpetration.

CHAPTER II

ATTEMPT

Art. 20. - An attempt constitutes initiation of the execution decision to


perpetrate the crime, execution which was interrupted or which did not produce
any damage.

Attempt exists also in the case in which completion of the crime was not
possible due to the insufficiency or failure of the means used, or due to the fact
that the action was perpetrated without the presence of the object as expected
by the perpetrator.

It is not attempt the case in which the impossibility of crime's completion is


due to the manner in which the execution was conceived.

Art. 21.- Attempt is subject to penalty only when the law specifically
provides it.

Attempt is subject to penalty ranging from half of the minimum to half of


the maximum provided by the law for the perpetrated crime, under the condition
that the minimum should not be lower than the general minimum pertaining to
the penalty. In case the penalty provided by the law is life detention, 10 to 25
years imprisonment penalty will be applied.

Art. 22. - Any perpetrator who withdrew from the action or who prevented
the occurrence of the result before the detection of the crime.

In case the actions committed up to the moment of withdrawal or


prevention of the result constitute another crime, the penalty applied will be the
one pertaining to this crime.

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CHAPTER III

PARTICIPATION

Art. 23. - Participants are those persons who share the perpetration of an
action provided by the criminal law, as authors, instigators or accomplice.

Art. 24. - The author is the person who directly perpetrate the action
provided by the criminal law.

Art. 25. - The instigator is the person who deliberately determines another
person to commit an action provided by the criminal law.

Art. 26. - An accomplice is the person who deliberately facilitates or


assists in any way in the perpetration of the action provided by the criminal law.
Also, an accomplice is the person who promises, before or during the
perpetration of the action, not to reveal the assets resulted from the crime or that
this person will favor the criminal, even if after perpetration of the crime the
promise is not fulfilled.

Art. 27. - The instigator and accomplice to a criminal action provided by


the criminal law which was deliberately committed will be subject to penalty
provided for the perpetrator. In establishing the penalty, each person's
contribution to the crime is considered, as well as the provisions of article 27.

Art. 28. - Circumstances regarding the position of a participant do not


have any effect on the others.

Circumstances regarding the crime have impact on the participants only to


the extent in which these participants were aware of them and predicted them.

Art. 29. - Actions of instigation which are not followed by the execution of
the crime, as well as instigation actions followed by the author's withdrawal or
prevention of the result's occurrence are subject to a penalty between the special
minimum of the penalty pertaining to the instigated crime and the general
minimum. In case the penalty provided by the law constitutes life detention, a 2
to 10 year imprisonment penalty will be applied.

The actions described in the paragraph above are not subject to penalty if
the penalty provided by the law for the instigated crime is 2 years or less, except
for the case in which the actions committed by the author until withdrawal
constitute another crime provided by the criminal law.

Art. 30. - The participant is not subject to penalty if during execution but
before crime revealing, prevents the completion of the crime. If actions

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committed until prevention constitute another crime provided by the criminal law,
the participant is subject to penalty pertaining to this crime.

Art. 31. - Any deliberate determination, facilitation or assistance by any


means in the perpetration of a crime by negligence provided by the criminal law
and committed by a person who is not guilty, are subject to the penalty provided
by the law for that deliberately committed crime.

Provisions of art. 28 - 30 are accordingly applied.

CHAPTER IV

PLURALITY OF CRIMES

Art. 32. - Plurality of crimes consists of concurrence of crimes or relapse


into crime.

Art. 33. - Concurrence of crimes occurs:


a) when two or more crimes have been committed by the same person,
before getting the final judgment for one of them. Concurrence of
crimes occurs even if one of the crimes was committed for the purpose
of committing or concealing another crime;

b) when an action or a non-action committed by the same person


comprises the elements of several crimes, due to the circumstances in which it
took place and due to the consequences it produced.

Art. 34. - In case of concurrence of crimes, each crime is subject to its


pertaining penalties and, among all, the penalty is applied as follows:

a) when a life sentence or one or several imprisonment or fine penalty


were established, life sentence will be applied;

b) when only imprisonment penalties were established, the maximum


penalty will be applied, which can also be increased up to its special maximum,
and if this maximum is not sufficient, an increase up to 5 years can be added;

c) when only fines were established, the maximum penalty is applied,


which can be increased up to its special maximum, and if this maximum is not
sufficient, an increase up to half of that maximum can be added;

d) when an imprisonment and a fine penalty were established,


imprisonment penalty will be applied, at which the total or partial fine can be
added;

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e) when several imprisonment penalties and several fine penalties were
established, imprisonment penalty will be applied, in accordance with provisions
of (b), at which the fine can be added, in accordance with the provision of (c).

Enforcement of the provisions in the preceding paragraph cannot exceed


the total of the penalties established by the court for the concurrent crimes.

Art. 35. - If for one of the concurrent crimes a complementary penalty was
established, this penalty will be applied together with the imprisonment penalty.

If several complementary penalties of different nature or even of the


same nature but with different substance were established, these penalties will
be applied together with the imprisonment penalty.

If several complementary penalties with the same substance were


established, the maximum penalty will be applied.

Special security measures taken in concurrent crimes are cumulated.

Art. 36. - If the criminal finally convicted is sued afterwards for a


concurrent crime, the provisions of article 34 and 35 will apply.

Provisions of article 34 and 35 are applied also when, after a final


imprisonment decision, it is found that the convicted had been subject to another
final decision for a concurrent crime.

When the convict executed totally or partially the penalty provided by the
former sentence, the already executed part shall be deducted from the penalty
applied for the concurrent crimes.

Provisions regarding the application of the penalty in case of concurrence


of crimes are applied also when sentence to life imprisonment was commuted or
replaced with imprisonment penalty.

Art. 37. - Relapse into crime occurs in the following situations:

a) when after a final decision of imprisonment longer than 6 months, the


convicted deliberately commit another crime, before starting to execute
the penalty, during its execution or in case of escape, and the penalty
provided by the law for the second crime consists in imprisonment
longer than one year;

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b) when after the execution of an imprisonment penalty longer than 6
months, after total pardon or pardon of the rest of the penalty, or after fulfillment
of the prescription term on the execution of this penalty, the convicted person
deliberately commits another crime for which the law provides imprisonment
penalty longer one year;

c) when after conviction to at least three imprisonment penalties up to 6


months or after execution, after total or partial pardon, or after the prescription of
execution of at least three such penalties, the convicted person deliberately
commits another crime for which the law provides imprisonment penalty longer
than one year.

Relapse into crime exists also if one of the penalties mentioned in


paragraph 1 is life sentence.

In order to establish the state of relapse into crime as provided in


paragraph 1 (a) and (b) and paragraph 2, the decision for imprisonment made
abroad regarding an action provided also by the Romanian law will be
considered, if the imprisonment decision was adopted in accordance with the
provisions of the law.

Art. 38. - In establishing the state of relapse into crime, the judicial
convictions related to the following, will not be taken into consideration:
a) crimes perpetrated by the criminal while being a minor;
b) amnestied crimes;
c) actions which are no longer considered crimes by the criminal law.

Also, the rehabilitated convictions for which the rehabilitation term was
fulfilled, will not be considered.

Art. 39. - In case of relapse into crime as provided by article 37 paragraph


1 (a), the penalty established for crime committed afterwards and the penalty
applied to the previous crime merge in accordance with the provisions of articles
34 and 35. The increase mentioned by article 34 paragraph 1 (b) can be up to 7
years.

If the previous penalty was partially executed, the merge will take place
between the rest of the sentence and the penalty applied for the crime
committed afterwards.

If a crime is perpetrated after escape, the previous penalty will refer to the
penalty which is being executed and the penalty applied for escape.

In case of relapse into crime mentioned in article 37 paragraph 1 (b), a


penalty up to the special maximum can be applied. If the special maximum is

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not sufficient, in case of imprisonment, an increase up to 10 years can be added,
and in case of fine penalty, an increase up to at most two thirds out of the special
maximum can be applied.

In case of relapse into crime as specified by article 37 (c) the provisions of


the previous paragraphs will be applied accordingly.

If, after the final decision and before the penalty was executed or
considered as executed, the convicted is found in state of relapse into crime, the
court will apply the provisions specified in paragraph 1 in case of relapse into
crime provided by article 37(a) and provisions in paragraph 4 in case of relapse
into crime provided by article 37(b).

The provisions of the previous paragraph will also apply when life
sentence was commuted or replaced with imprisonment penalty.

Art. 40. - When after the final decision the convicted commits a new
crime, before starting execution the penalty, during its execution or in state of
escape, and the provisions of the law regarding relapse into crime are violated,
the penalty will be applied according to the rules for crime concurrence.

Art. 41. - In case of continued crime and complex crime, there is no


plurality of crimes.

A crime is continued when a person commits at different times, but aiming


the same resolution, actions or non-actions which separately represent the
substance of the same crime.

A crime is complex when its substance includes, as an element of


aggravating circumstance, an action or non-action which constitutes by itself a
crime provided by the criminal law.

Art. 42. - The continued crime is subject to the penalty provided by the
law for the committed crime, at which an increase as provided by article 34 can
be added.

Art. 43. - If the criminal convicted for a continued or a complex crime is


judged afterwards for other actions or non-actions which pertain to the same
crime, considering the crime as a whole, a corresponding penalty is established,
which cannot be less serious than the previous one.

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CHAPTER V

CAUSES THAT REMOVE THE CRIMINAL


CHARACTER OF THE ACTION

Art. 44. - The action provided by the criminal law, which is committed
under legitimate self-defense does not constitute a crime.

A person is under legitimate self-defense if this person commits the crime


in order to prevent a material, direct, immediate and unfair attack against
himself, against other people or against a public interest and which seriously
endangers the attacked person or the rights of such person or the public interest.

Also, a person is under self-defense when, because of fear and anxiety,


this person exceeded the limits of a self-defense action proportional with the
seriousness of the danger and with the circumstances under which the attack
took place.

Art. 45. - The action provided by the criminal law which was committed
under state of emergency does not constitute a crime.

A person under state of emergency is any person who commits the action
in order to save from an imminent danger which could not be prevented in other
ways, the life, physical integrity or health of his own, some other person or a
valuable asset belonging to him or to another person as well as the public
interest.

A person is not under state of emergency if at the moment when the crime
was committed, the person realized that by his action there might occur much
more serious consequences than those resulting from a situation in which the
danger was not prevented.

Art. 46. - An action provided by the criminal law does not constitute a
crime if committed because of a physical constraint which the person could not
resist.

Also, an action provided by the criminal law is not a crime if committed


because a moral constraint imposed through threat with a serious danger for the
perpetrator or for another person and which could not be removed in other ways.

Art. 47. - The action provided by the criminal law whose result is the
consequence of a situation that could not be predicted, does not constitute a
crime.

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Art. 48. - The action provided by the criminal law whose perpetrator,
because of mental alienation or because of other factors, when the action was
committed, could not consider his own actions or non-actions, or could not
control them, does not constitute a crime.

Art. 49. - The action provided by the criminal law whose perpetrator , due
to circumstances independent of this perpetrator’s will, was under complete state
of drunkenness produced by alcohol or other substance, does not constitute a
crime.

Deliberate complete state of drunkenness produced by alcohol or by other


substance does not remove the criminal character of the action. This action can
constitute, depending on the situation, extenuating or aggravating circumstance.

Art. 50. - An action provided by the criminal law and committed by a minor
who at the date when the crime was committed did not fulfill the legal terms for
penal liability, does not constitute a crime.

Art. 51. - An action provided by the criminal law does not constitute a
crime when the perpetrator, at the moment when the action took place, was not
aware of the existence of a state, situation or circumstance on which the criminal
character of the action depended.

The circumstance which the perpetrator was not aware of at the moment
of the crime perpetration does not constitute an aggravating circumstance.

The provisions of paragraphs 1 and 2 apply also to the actions committed


by negligence which are subject to criminal law, only if the ignorance on the
respective state, situation or circumstance is not by itself consequence of the
guilt.

Misinterpretation or lack of knowledge of the criminal law does not remove


the criminal character of the action.

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TITLE III

PENALTIES

CHAPTER I

GENERAL PROVISIONS

Art. 52. - Penalty is a measure of constraint and a means of re-educating


the convict. The purpose of the penalty consists in prevention of other crimes'
perpetration.

The purpose of the penalty's execution is to develop an appropriate


attitude towards labour, towards rule of law and towards rules of social
cohabitation. The penalty's execution must neither cause physical harm nor
humiliate the convicted person.

CHAPTER II

CATEGORIES AND GENERAL LIMITS OF PENALTIES

Art. 53. - The categories of penalties are as follows: main penalties,


complementary penalties and accessory penalties.
1. The main penalties are the following:
a) life sentence;
b) 15 days - 30 years imprisonment;
c) 1000.000 lei - 50.000.000 lei fine

2. The complementary penalties are the following:


a) 1 year - 10 year interdiction over certain rights;
b) military degradation.

3. The accessory penalty consists in interdiction over certain rights


provided by the law.

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CHAPTER III

THE MAIN PENALTIES

Section I

Life Sentence

Art. 54. - Life sentence is executed within prisons specifically desigend for
this purpose or within special sections of other prisons.

The regime of life sentence execution is regulated in the law regarding


penalties' execution.

Art. 55. - Life sentence does not apply to that person who, at the date of
conviction sentence decision was 60 years old. In this case, life sentence is
replaced with 25 year imprisonment and the interdiction of certain rights over the
maximum period of the penalty.

If the convicted to life sentence reached the age of 60 during the


execution of the penalty, life sentence is replaced with 25 year imprisonment.

Art. 55.(1) - The convict to life sentence can be conditionally released


after the effective execution of 20 years of confinement if the convicted is a
disciplined hard-worker who proves clear evidence of improvement, considering
also his criminal antecedents.

The convicted over 60 years old for men and over 55 years old for women
can be conditionally released after15 effective execution of confinement, if the
other requirements provided in paragraph 1 are fulfilled.

The penalty is considered executed if in term of 10 years since release,


the convict did not commit another crime. If during this period the released
person committed a new crime, the provisions in article 61 will be accordingly
applied.

Art. 55 (2) - In case of commution or replacement of the life sentence


penalty with imprisonment penalty, the period of confinement executed is
considered as executed part of the imprisonment penalty.

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Section II

Imprisonment

Art. 56. - The regime of the imprisonment penalty execution is based on


the requirement the convicts shall perform useful work, if they are able to do that,
on the educational activity to be organized for the convicts, on the convicts'
compliance with the rule of work and internal law within the space of
confinement, as well as on the stimulation and rewarding of the diligent,
disciplined convicts who prove clear evidence of self-improvement.
All these means should result in the reeducation of the convicts.

After 60 years for men and 55 years for women, the convicts do not have
the obligation to work during the penalty's execution period; they are allowed to
work if they demand that.

Art. 57. - Imprisonment penalty is executed in accordance with the law


regarding penalties' execution within special confinement space.

Female convicts to imprisonment penalty execute this penalty separate


from the male convicts.

Juvenile convicts subject to imprisonment penalty execute the penalty


separate from the adult convicts or within special confinement places, ensuring
the contiunation of the general mandatory education and the professional
training according to their skills.

Art. 58. - The convict is paid for the work performed, with exception for
housing work which is necessary in the detention place. The law regarding
penalties' execution establishes the cases in which also this work is paid.

Norms, work time and payment for the convicts' work are those
established by the law.

A part of the remuneration is held by the convict, and the other part goes
to the administration of the detention place. These parts, as well as their
management are established by the law regarding pemnalties' execution.

Art. 59. - After the execution of at least two thirds of the penalty in the
case of imprisonment over 10 years at most or at least three quarters in the
case of imprtisonment over more than 10 years, the convict who is diligent,
disciplined and shows clear evidence of self-improvement, considering also
his/her criminal antecedents, can be conditionally released before the entire
execution of the penalty.

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The penalty segments provided in paragraph 1 are calculated by
considering the segment of the penalty which, in accordance with the law, cn be
considered executed on the basis of the work performed. In such a case,
however, the conditioned release cannot be provided before the effective
execution of at least half of the penalty when this penalty does not exceed 10
years and of at least two thirds when the penalty exceeds 10 years.

When the convict executes more imprisonment penalties which do not


merge, the penalty segments provided in paragraph 1 are calculated according
to the penalties' total.

The application of the provisions in the paragraphs above takes into


consideration the length of the penalty executed by the convict.

Art. 59 (1) - The convicted for one or more second degree crimes cn be
conditionally released before the execution of the entire penalty only after the
convict executed at least half of the penalty in the case of imprisonment over 10
years at most or at least two thirds of the penalty in the case of imprisonment
over more than 10 years, if the other terms provided in article 59 paragraph 1 are
accomplished.

The provisions in article 59 paragraph 2 are accordingly applied and the


conditioned release cannot be granted before the effective execution of at least
one third of the penalty when this penalty does not exceed 10 years and of at
least half of the penalty when this penalty exceeds 10 years.

If the penalty under execution results from the concurrence of first degree
and second degree crimes, the provisions provided in article 59 will be applied.
The provisions in article 59 paragraphs 3 and 4 are accordingly applied.

Art. 60. - The convict who, because of the poor health or other causes,
has never been used for work or is no longer used for work, can be conditionally
released after the execution of the penalty segments provided in article 59, or,
depending to the case, in article 59(1), if the convict shows clear evidence of
discipline and self-improvement.

Those persons confined while juveniles, once 18 years old, as well as


those convicts over 60 years old for men and 55 for women, can be conditionally
released, after the execution of one third of the penalty in case of less than 10
year imprisonment or of half of the penalty in case of imprisonment longer than
10 years, if they accomplish the other terms specified in article 59 paragraph 1.

If the penalty on execution is the result of the concurrence between first


degree and second degree crimes, the provisions regarding the conditioned
release dor first degree crimes will be applied.

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When the convict executes more imprisonment penalties, which do not
merge, the penalty fragments are calculated acording to the penalties' total.

In all cases, the part of the penalty considered, in accordance with the
law, executed on the basis of the performed work, is considered in the
calculation of the penalty fragment.

The provisions of article 59 paragraph 4 are accordingly applied.

Art. 61. - A penalty is considered executed if during the interval between


release and the accomplishment of the penalty time, the convict did not commit a
new crime. If during this interval the released convict committed a new crime,
the court, considering the seriousness of this crime, may request either
maintaining of conditioned release, or recall. In case of recall, the penalty
established for the last crime and the rest of the penalty to execute for the first
crime merge , and an increase to maximum 5 years can be applied.

Recall is mandatory if the action performed constitutes a crime against the


state security,a crime against peace and humanity, a crime of murder, a first
degree crime resulting in a person's death or a crime resulting in very serious
consequences.

Art. 62. - Conscripted soldiers execute thier imprisonment penalty which


does not exceed two years within a military prison for cases provided by the law,
as well as for cases when the court, considering the circumstances of the cause
and the convict, requests that.

If the convicted soldier executed half of the penalty and showed clear
evidence of self-improvement, the rest of the penalty is reduced by one third,
and if the convicted soldier stood out in a special way, the penalty can be
reduced to more than one third, even to the entire rest of the penalty.

If during the execution the convicted soldier becomes unable to fulfil the
military service, he is conditionally released.

If during the execution of the penalty, the convicted soldier commits a new
crime, the court estasblishing the sentence for this crime will apply, according to
the case, the provisions in article 39 paragraph 1 and 2 or in article 40. The
penalty established in this way is executed in a detention place.

After the execution of the penalty in accordance with paragraphs 1-3 or


after total or partial pardon, the convict is lawfully rehabilitated.

The provisions in preceding paragraphs are applicable to those who


became conscripted soldiers after the final conviction sentence.

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If, before the initiation of the execution of the penalty within a military
prison, the convict was appointed a reservist, the penalty is executed in a
detention place.

Section III

The Fine

Art. 63. - Fine penalty consists in the amount of money that the criminal
must pay.
Whenever the law provides that a crime is sanctioned only by a fine,
without specifying the limits, the special minimum of this fine is 150.000 lei, and
its maximum is 10.000.000 lei.

When the law specifies the fine penalty without providing the limits, in
alternation with imprisonment penalty over one year at most, the special
minimum of the fine is 250.000 lei and the maximum fine is 15.000.000. lei and
when the law provides the fine penalty in alternation with imprisonment penalty
longer than one year, the special minimum is 350.000 lei and the special
maximum is 30.000.000 lei.

If extenuating or aggravating penalties causes are applied, the fine cannot


exceed the general limits provided in article 53 point 1 (c).

The fine is established taking into account the provisions of article 72, but
without placing the criminal in the situation of impossibility to accomplish the
duties regarding support, raise education and professional training for the
persons towards the criminal has these legal obligations.

Art. 63 (1) - If the convict avoids in bad faith the execution of the fine, the
court can replace this penalty with imprisonment penalty within the limits
provided for the perpetrated crime, considering the part of the fine that was paid.

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CHAPTER IV

COMPLEMENTARY PENALTIES AND ACCESSORY PENALTIES

Section I

Complementary penalties

Art. 64. - The complementary penalty of interdiction of certain rights


consists in the interdiction of one or more of the following rights:
a) the right of elect nd being elected in public authority or public elective
positions ;
b) the right of filling a position involving the exercise of the state authority;
c) the right of filling a position or of practising a profession which holds the
nature of the one by means of which the convict committed the crime;
d) parental rights;
e) the right of being a tutor or guardian.

The interdiction of the rights provided at (b) cannot be pronounced only


together with the interdiction of the rights provided at (a), except from the cases
in which the law requires that.

Art. 65. - The complementary penalty of interdiction of certain rights can


be applied, if the main penalty established consists in imprisonment over at
least 2 years and the court finds that, in rapport with the nature and seriousness
of the crime, the circumstances of the crime and the criminal, this penalty is
necessary.

The application of the interdiction of certain rights is mandatory when the


law provides such a penalty.

The condition mentioned in paragraph 1 regarding the length of the main


penalty must be accomplished also if the application of the penalty provided in
that paragraph is mandatory.

Art. 66. - The execution of the interdiction of certain rights starts after the
execution of the imprisonment penalty, after total or partial pardon, or after the
prescription of the penalty execution.

Art. 67. - The complementary penalty of military degradation consists in


loss of the grade and of the right to wear a uniform.

20
Military degradation is obligatorily applied to soldier and reservist
convicted, if the main penalty was established for more than 10 years or for life
detention.

Military degradation can apply to military and reservist convicts for first
degree crimes, if the main penalty was established for at least 5 years and up to
10 years.

Art. 68. - Abrogated.

Art. 69. - Abrogated.

Art. 70. - Abrogated.

Section II

Accessory penalties

Art. 71. - The accessory penalty consists in the interdiction of all rights
provided in art. 64.
Conviction to life sentence or imprisonment entails the interdiction of all
rights provided in the preceding paragraph starting with the moment in which the
decision was determined final and until the termination of the penalty execution,
until total or partial pardon or until the prescription term of penalty execution.

Provisions in paragraphs 1 and 2 apply also when the penalty was


established to be executed at the place of work, with exceptions provided in art.
86(8) and the court decides regarding the interdiction of rights as provided in art.
64 (d) and (e).

21
CHAPTER V

INDIVIDUALIZATION OF PENALTIES

Section I

General provisions

Art. 72. - In establishing and application of penalties the provisions of the


general part in this Code are considered, as well as the penalty limits provided in
the special part, and the social degree of danger of the perpetrated crime, the
criminal and the circumstances which extenuate or agravate the criminal
responsability.

When the law provides alternative penalties for the perpetrated crime, the
provisions of the preceding paragraph are considered both regarding the choice
of one of the alternative penalties, and the quantum of this penalty.

Section II

Extenuating and aggravating circumstances

Art. 73. - The following situations constitute extenuating circumstances:


a) exceed of self defense or the limits of other states of necessity;
b) perpetration of the crime under a strong emotion or anxiety determined by a
threat of the injured person and produced by violence, damage of the person’s
dignity or by other serious illicit action.

Art. 74. - The following situations can be considered extenuating


circumstances:
a) good attitude of the criminal before the perpetration of the crime;
b) insistence of the criminal to remove the result or to repair the damage of the
crime;
c) the criminal’s attitude after the perpetration of the crime, resulting into
surrender to the authority, into sincere behaviour during the trial and into
facilitating the discover or the arrest of the participants.
The situations listed in the present article serve as examplifications.

Art. 75. - The following situations constitute aggravating circumstances:


a) perpetration of the crime by threr or more persons together;
b) perpetration of the crime through cruel actions or through means and methods
which present public threat;

22
c) perpetration of the crime by an adult, if this crime was committed together with
a juvenile;
d) perpetration of the crime with mean purpose;
e) perpetration of the crime under deliberate state of drunkenness in order to
commit the crime;
f) perpetration of the crime by a person who took advantage by the situation
resulted after a calamity.
The court can retain as aggravating circumstances other situations,too,
which give the action a serious character.

Art. 76. - If there are extenuating circumstances, the main penalty


reduces or changes as follows:
a) when the special minimum of the imprisonment penalty is 10 years or more,
the penalty reduces under the special minimum, but not lower than one year;
b) when the special minimum of the imprisonment penalty is 5 years or more, the
penalty reduces under the special minimum, but not lower than one year;
c) when the special minimum of the imprisonment penalty is three years or more,
the penalty reduces under the special minimum,but not lower than 3 months;
d) when the special minimum of the imprisonment penalty is one year or more,
the penalty reduces under this minimum, up to the general minimum;
e) when the special minimum of the imprisonment penalty is 3 months or more,
the penbalty reduces under this minimum, up to the general minimum, or a
fine applies, no less then 300.000 lei and when the special minimum is lower
than 3 months, a fine applies, no less than 200.000 lei;
f) when the penalty provided by the law is the fine, this fine reduces under its
special minimum and it can reduce up to 150.000 lei if the special minimum is
350.000 lei or more, or up to the general minimum when the special minimum
is under 350.000 lei.

In case of crimes against the state security, crimes against peace and
humankind, crimes of murder, first degree crimes resulting in a person’s death,
or crimes which had very serious consequences, if there are any extenuating
circumstances, the improisonment penalty can be reduced to at most one third of
the special minimum.

When there are extenucating circumstances, the complementary penalty


of rights privation provided by the law for the perpetrated crime, can be removed.

Art. 77. - When the law provides life sentence for the perpetrated crime, if
there are extenuating circumstances, the imprisonment penalty between 10 and
25 years will apply.

Art. 78. - If there are aggravating circumstances, a penalty up to the


special maximum can apply. If the special maximum is not sufficient, an
increase can be added to the imprisonment penalty up to 5 years, which cannot

23
exceed one third of this maximum, and an increase up to at most half of the
special maximum can be added to fine penalty.

Art. 79. - Any situation considered as extenuating or aggravating


circumstance must be included in the court decision.

Art. 80. - In case of concurrence between the extenuating and


aggravating causes, the penalty will be determined according to the aggravating
circumstances, according to the extenuating circumstances and to the second
offence.

In case of concurrence between the aggravating and extenuating


circumstances, the reduce of the penalty under the special minimum is not
mandatory.

In case of simultaneous application of the provisions regarding the


aggravating circumstances, second offece and crime concurrence, the
imprisonment penalty cannot exceed 25 years if the special maximum for each
crime is at most 10 years, and 30 years if the special maximum for at least one
of the crimes is more than 10 years.

Section III

Conditioned suspension of the penalty’s execution

Art. 81. - The court can request conditioned ssupension of the penalty’s
execution over a certain period if the following conditions are complied with:
a) the applied penalty is at most 3 year imprisonment or fine;
b) the criminal has not been convicted to more than 6 month imprisonment,
except for when the conviction makes the object of the cases provided in
article 38;
c) the purpose of the penalty can be reached without its execution.

Conditioned suspension of the penalty’s execution can be granted also in


case of concurrent crimes, if the applied penalty is at most 2 year imprisonment
and if the conditioned in pararaph 1 (b) and (c) are complied with.

Conditioned suspension of the penalty’s execution cannot be ordered in


the case of first degree crimes for which the law provides imprisonment more
than 12 years, as well as in case of serious physical injure crimes, rape and
torture.

In case of a conviction for a crime which resulted into damages, the court
can order conditioned suspension of the penalty’s execution only if the damages

24
were fully repaired or they were secured by an insurance company up to the
passing of the court decision.

The conditioned suspension of the penbalty’s execution does not yield


thye suspension of the safe measures and civil obligations provided in the
conviction decision.

The conditioned suspernsion of the penalty’s execution must be


motivated.

Art. 82. - The duration of the conditioned suspension of the penalty’s


execution constitutes a test for the convicted and it is made up of the applied
imprisonment penalty plus 2 years adjoined to that.

If the penalty whose execution was suspended is a fine, the test term is
one year.
The test term is calculated starting with the date when the conditioned
suspension of the penalty’s execution was announced as final.

Art. 83. - If the convicted perpetrated a new crime during the test term, for
which a final conviction was pronounced even after the expiration of the test
term, the instance cancels the conditioned suspension and orders the entire
execution of the penalty which does not merge with the penalty applied for the
new crime.

The recalling of the penalty’s suspension, however, does not take place if
the prior crime was discovered after the expiration of the test term.

If the new crime is a second degree crime, the conditioned suspension of


the penalty’s execution can apply even if the criminal has been previously
convicted with the conditioned suspension of the penalty’s execution. In this
case, the recalling of the first suspenstion does not take place any more.

In establishing the penalty for the perpetrated crime after the final decision
of suspension the increase provided by the law for second offence does not
apply any more.

Art. 84. - If until the expiration of the test term the convicted has not
fulfilled the civil duites established by the conviction sentence, the court may
order the recalling of the suspension of the penalty’s execution, with exception
for the case in which the convicted proves that there were no possibility to fulfil
those duties.

Art. 85. - If the convicted is found to have perpetrated a crime before the
pronunciation of the decision which requested the suspension of the penalty’ s
execution or until this decision stayed final, and for this crime the imprisonment

25
penalty applied even after the expiration of the test term, the conditioned
suspension of the penalty’s execution is cancelled and, depending on the case,
the provisions regarding the concurrence of crimes or second offence are
applied.

The recalling of the suspension of the penalty’s execution does not take
place if the crime which could have yielded recalling was found after the
expiration of the test term.

In the situations provided in paragraph 1, if the penalty resulted after the


merge does not exceed 2 years, the court may apply the provision in art. 81. If
the conditioned suspension of the penalty’s execution is oredred, the test term is
calculated starting with the date when the decision which previously pronounced
this conditioned suspension stayed final.

Art. 86. - If the convicted has not perpetrated a new crime within the test
term and the recalling of the suspension of the penbalty’s execution was not
pronounced in accordance with articles 83 and 84, the convicted is lawfully
rehabilitated.

Section III (1)

Suspension of the penalty’s execution under observation

Art. 86 (1). - The court may request the suspension of the penalty’s
execution under observation, if the following requirements are complied with:
a) the applied penalty is at most 4 year imprisonment;
b) the criminal has not been previoulsy convicted to imprisonment more than one
year, except for the cases in which the conviction makes the object of one of
the cases provided in article 38;
c) considering the convicted, his/her behaviour after the perpetration of the
crime, the pronunciation of the sentence may constitute a warning and, even
without the execution of the penalty, the convicted will never perpetrate a
crime.

The suspension of the penalty’s execution under observation may be


granted also in the case of concurrent crimes, if the applied penalty is
imprisonment of a tmost 3 years and if the terms provided in paragraph 1 ( b)
and (c) are complied with.

The suspension of the penalty’s execution under observation cannot be


requested in the case of first degree crimes for which the law provides

26
imprisonment penalty more than 12 years, as well as in the case of serious
physical injure crimes, rape and torture.

The provision of article 81 paragraphs 4 and 5 apply also in the case of


the suspension of the penalty’s execution under observation.

Art. 86 (2). - The test term in the case of suspension of the pebalty’;s
execution under observation is made up of the applied imprisonment penalty, to
which an interval between 2 and 5 years adds, according to the court’s decision.
The provisions in article 82 paragraph 3 apply accordingly.

Art. 86 (3). - During the test term, the convicted must comp[ly with the
following observation rules:
a) to come, at the fixed dates, to the judhe appointed with the observation or to
other bodies estaglisahed by the court;
b) to announce, in advance, any residence change and any travel which exceeds
8 days, as well as the date of coming back;
c) to notify and justify the change of the place of work;
d) to communicate information which could enable the observation of the means
of existence.

The dates provided in paragraph 1 (b) and (c) are notified to the persons
or bodies established in ( a).

The court may order the convicted the compliance with one or more of the
following requirements:
a) to perform an activity or to attend a training or academic course;
b) to not change the address or residence or not eceed the established territorial
limits but under the terms fixed by the court;
c) to not attend certain established places;
d) to not contact certain persons;
e) to not drive any vehicles or certain vehicles;
f) to comply with the observation rules, treatment or assistance, especially in the
case of dezintoxication.

The observation of the execution of the duties established by the court in


accordance with paragraph 3 (a)-f) is performed by the bodies mentioned in
paragraph 1 (a) and the same bodies notify the court with any failure of
compliance with the requirements in order to take measures as provided in
article 86(4) paragraph 2.

Art. 86(4). - The provision of articles 83 and 84 apply accordinly in the


case of the suspension of the penalty’s execution under observation.

If the convicted does not comply with the observation rules established by
the law or with the duties established by the court, the court may recall the

27
suspension of the penalty’s execution by ordering the execution of the entire
penalty or by increasing the test term with at most 3 years.

Art. 86(5). - The provisions of article 85 paragraphs 1 and 2 apply


accordingly also in the case of the suspesnion of the penalty’s execution under
observation.

In the cases provided in article 85 paragraph 1, if the penalty resulted


after the merge does not exceed 3 years, the court may apply the provision sof
article 86(1). If the suspension of the execution of the penalty under observation
is required, the test term is calculated staring with the date when the decision
which previously pronounced the conditioned suspension of the penalty’s
execution remained final.

Art. 86(6). - If the convicted did not perpetrated a new crime during the
test term and the recalling of the suspension of the penalty’s execution in
accordance with article 86(4) was not pronounced, the convicted is lawfully
rehabilitated.

Section III(2)

The execution of the penalty at the place of work

Art. 86(7). - If the court, considering the gravity of the crime, the
circumstances under which the crime was perpetrated, the general and
professional behaviour of the perpetrator and the possibilities of this
perpetrator’s reeducation, decides whether there are sufficient reasons for the
aim of the penalty to be reached without privation of freedom and it can request
the execution of the penalty in the centre where the convicted performs the
activity or in another centre, but in all cases, with the centre’s wriiten agreement
and under the compliance with the following requirements:
a) the applied penalty consists in at most 5 year imprisonment;
b) the respective person was not previoulsy convicted to an imprisonment
penalty longer than 1 year, except for the case in which the conviction makes
the object of one of the cases provided in article 38.
The execution of the penalty at the place of work can be ordered also in
the case of concurrence of crimes if the applied penalty for the concurrence of
crimes is at most 3 year imprisonment and if the other requirements provided in
the preceding paragraph are complied with.

The execution of the penalty at the place of work cannot be ordered in the
case of first degree crimes for which the law provides imprisonment penalty
longer than 12 years, as well as in the case of serious physical injure crime, rape
and torture.

28
The provision of paragraphs 1 and 2 apply also in the case where the
convicted does not perform an activity at the date of the penalty’s application.

Art. 86(8). - During the execution of the penalty, the convicted must fulfill
all the duties at the place of work and to comply with the following restrictions of
rights provided by the law:
a) out of the total income legally resulted from the performed work, with
exception for the bonuses granted for the activity performed in dangerous or
injuring places, an amount of 15 - 40% established by the law will be retained,
according to the income and to the duties of the convicted to support other
persons, which will go to the state bidget. In the case of a juvenile convicted,
the restrictions reduce to half;
b) social insurance rights are established within the legal percentages applied to
the net income the convicted is entitled to, after the retention of the
percentage mentioned at (a);
c) the period of the penalty’s execution is not considered years of work;
d) the convicted cannot ask for the change of the place of work, but with the
decision of the court;
e) the convicted cannot be promoted;
f) the convicted cannot fill top positions, and depending on the perpetrated
crime, he cannot fill positions which imply the exercise of state suthority,
training and educational activities or administrative activities.

During the execution of the penalty, the convicted is not entitled to be


elected.
The court may request the convicted to comply with one or more of the
duties provided in article 86(3).

The penalty is executed at the place of work in consistence with the


penalty’s execution mandate.
During the execution of the penalty in the centre where the convicted
performs his activity at the date of the penalty’s application, the work contract is
suspended.
In case of penalty’s execution in another centre than the one the
convicted used to perform his activity at the date of the penalty’s application, the
work contract ceases. The penalty is executed without signing a work contract.

The provision of paragraph 6 apply accordingly also in the case of the


convicted who does not perform any activity at the date of the penalty’s
application.
If the convicted became a soldier at service during the trial or after the
final conviction decision, the convicted is made a reservist and the penalty is
executed at the place of work.

29
Art. 86(9). - If after the court decision which requested the execution of
the penalty at the place of work remained final the convicted commits another
crime, before the initation of the execution or during the execution of the penalty,
the court recalls the execution of the penalty at the place of work. The penalty
applies according to the provision in article 39 paragraphs 1 and 2 or, depending
on the case, in article 40.

If the new crime is a second degree crime, the court may request for this
crime too the execution of its penalty at the place of work. In this case, recalling
does not take place any more and the penalty applies according to the rules
regarding the concurrence of crimes.

If the convicted avoids the activity within the centre and does not fulfil the
duties accordingly or does not comply with the observation rules or with the
obligations established by court decision, the court may recall the execution of
the penalty at the place of work and request the execution of the penalty in a
detention place.

When the convicted cannot work because of total loss of labor capacity,
the court recalls the execution of the penalty at the place of work and,
considering the circumstances which determined the labor incapacity and the
provisions in article 72, requests the conditioned suspension of the penalty’s
execution even if the requirements provided in articles 81 or 86(1) are not
fulfilled.

If the execution of the penalty at the place of work is recalled in


accordance with paragraph 1 or 3, the applied penalty or, depending on the
case, the rest of the penalty remains to be executed in a detention place.

Art. 86(10). - If the convicted had perpetrated a crime before the final
decision and this fact is found before the penalty was executed at the place of
work or considered executed, the court cancels the execution of the penalty at
the place of work if the requirements provided in article 86(7) are not fulfilled.

Cancellation is ordered also in the case in which the decision of conviction


for the crime found afterwards is pronounced after the penalty had been
executed a the place of work or considered executed. Depending on the case,
the penalty is established in accordance with the rules regarding the concurrence
of crimes or second offence.

To the reduce of the penalty executed entirely or partly or, depensing on


the case, at the merge of penalties, the provisions regarding the imprisonment
penalty are applied, without considering whether one of the penalties is executed
at the place of work. The penalty established in this way is executed in a
detention place.

30
Art. 86(11). - If the convict has executed at least two thirds of the penalty,
has showed clear improvement evidence, has had a good behaviour and has
been disciplined and diligent, the court may demand the termination of the
penalty’s execution a the place of work, upon the request made by the board of
the centre where the convict performs his activity or by the convict himself.

The penalty is considered executed if during the period since the


termination of the penalty’s execution at the place of work and until the
termination of the penalty’s interval, the convict has not committed a new crime.
If during the same period the convict committed a new crime, the court may
request the recalling of the termination of the penalty’s execution at the place of
work, the provisions in articles 61 and 86(10) paragraph 3 being accordingly
applicable.

Section IV

Calculation of the penalties

Art. 87. - The duration of the imprisonment penalty’s execution is


calculated starting with the day when the convict begins the execution of the final
conviction decision.

The day when the penalty’s execution starts and the day when it stops are
included in the curation of the execution.

The periods, during the penalty’s execution, when the convict is in the
hospital are included also in the execution duration, except for the case in which
the convict intended to get ill and this situation is found during the penalty’s
execution.

The duration of the imprisonment penalty’s execution at the place of


workdoes not include the time the convict is absent from the place of work.

Art. 88. - The duration of restraint and preventive arrest is subtracted from
the duration of the pronounced imprisonment penalty. The subtraction is done
also when the convict was kept under observation or judged, at the same time or
separately, for several concurrent crimes, even if he was not subject to
investigation any more, the criminal investigation ceased or the convict was
discharged or the penal trial ceased for the the action which determined the
restraint pr the preventive arrest.

The subtraction of the restraint and of the preventive arrest is done also in
case of fine penalty, through totally or partially dropping the execution of the fine.

31
Art. 89. - For the crimes perpetrated under the terms provided in articles
4, 5 and 6, the part of the penalty, as well as the restraint and the preventive
arrest executed abroad are subtracted from the duration of the penalty applied
for the same crime by the Romanian court.

32
TITLE IV

REPLACEMENT OF THE CRIMINAL RESPONSIBILITY

Art. 90. - The court may order the replacement of the criminal
responsibility with the responsibility which yields a snaction with an administrative
character, if the following requirements are achieved:
a) the penalty provided by the law for the perpetrated crime is
imprisonment of maximum one year or fine, or the crimes provided in
articles 208, 213, 215 paragraph 1, article 215(1) paragraph 1, article
217 paragraph 1, article 219 paragraph 1 were perpetrated, if the value
of the damage does not exceed 100.000 lei or the crime provided in
article 249, if the value of the damage does not exceed 500.000 lei;

b) the action, in its specific content and in the circumstances it was


perpetrated, presents a reduced degree of social threat and did not
result in serious consequences;

c) the damage caused by the crime was entirely repaired until the
pronunciation of the decision;

d) from the perpetrator’s attitude after the perpetration of the crime it


results that the criminal regrets his action;

e) there are sufficient data that the perpetrator can be recovered without
being applied a penalty.

The replacement of the criminal responsibility cannot be ordered if


the perpetrator has been convicted before or have been applied twice
administrative sanctions. The conviction is considered inexistent in the
situations provided in article 38.

Art. 91. - When the court requests the replacement of the criminal
responsibility, it applies one of the following sanctions with administrative
character:
a) reproof;
b) reproof with warning;
c) fine between 100.000 and 1.000.000 lei.

Art. 92. - Abrogated.

Art. 93. - Abrogated.

Art. 94. - Abrogated.

33
Art. 95.- Abrogated.

Art. 96. - Abrogated.

Art. 97. - Abrogated.

Art. 98. - In case of participation, the replacement of the criminal


responsibility can take place only for those criminals who meet with the
requirements provided in the present title.

The replacement of the criminal responsibility can be ordered also


in case of concurrence of crimes, if for each concurrent crime the
replacement requirements are fulfilled.

34
TITLE V

JUVENILES

Art. 99. - Any juvenile who is under 14 years old is not subject to penal
responsibility.

Any juvenile who is between 14 and 16 years old is subject to penal


responsibility only if his action proved to have been committed with
discrimination.

Any juvenile who is 16 years old at least is subject to penal responsibility.

Art. 100. - The juvenile who is subject to penal responsibility may be applied a
disciplinary measure or a penalty. In establishing the sanction, the degree of
social threat of the crime, the physical estate, the moral and intellectual
development, the behavior of the juvenile and the conditions under which he was
raised and any other elements characterizing the juveniles, will be taken into
consideration.

The penalty applies only if the disciplinary measure is considered insufficient for
the improvement of the juvenile.

Art. 101. - The disciplinary measures which can apply to a juvenile are as
follows:
a) reproof;
b) freedom under observation;
c) confinement to a disciplinary center;
d) confinement to a medico-disciplinary institute.

Art. 102. - The disciplinary measure of reproof consists in the juvenile’s lecture,
in showing him the social threat of the perpetrated crime, in advising him to
behave in such a way that he can prove improvement and in warning him at the
same time that in case of a new crime a more severe measure or a penalty will
apply.

35
Art. 103.- The disciplinary measure of freedom under observation consists in
leaving the juvenile one year of freedom, under special observation. The
observation can be appointed, depending on the case, to the juvenile’s parents,
to the foster parents or to the tutor. If they cannot ensure satisfactory
observation, the court may request temporary appointment to a reliable person,
preferably to a close relative, upon this relative’s request, or to an institution
legally appointed for juveniles’ observation.

The court emphasizes to the appointed with the juveniles’ observation the
responsibility to closely observe the juvenile for the purpose of his improvement.
Also, the appointed person or institution must immediately notify the court
whether the juvenile does not obey the observation or has a bad behavior or
committed a new action provided in the criminal law.

The court may order the juvenile to comply with one or more of the following
requirements:

a) not to attend certain places;


b) not to get in touch with certain persons;
c) to perform an activity without payment within a public institution established
by the court, with a duration between 50 and 200 hours, 3 hours per day at
most, after the school, during weekends and holidays.

The court warns the juvenile against the consequences of his behavior.

After taking the measure of freedom under observation, the court notifies the
school where the juvenile studies or, depending on the case, the institution
where he works or the institution where the juvenile performs the activity
established by the court.

If within the term provided in paragraph 1 the juvenile eludes from the
observation or if he has a bad behavior, or commits an action provided by the
criminal law, the court cancels the freedom under observation and sends the
juvenile to a disciplinary center. If the action provided in the criminal law
constitutes a crime, the court takes the measure of confinement and applies a
penalty.

The term of one year provided in paragraph 1 starts since the execution date of
the freedom under observation.

36
Art. 104. - The disciplinary measure of confinement into a disciplinary center is
taken for the juvenile’s re-education. The juvenile is provided with study
opportunities and with professional training in accordance with his aptitudes.

The measure of confinement into such a canter applies in case the other
disciplinary measures do not suffice.

Art. 105.- Hospitalization at a medico-disciplinary institute applies for the juvenile


who, because of his physical or psychological state, needs special medical
treatment and special education regime.

Art. 106. - The measures provided in articles 104 and 105 are taken for a non-
limited time, but they cannot apply after the age of 18. The measure provided in
article 105 must be suspended once the cause which required this measure
does not exist any more. The court, requesting the suspension of the measure
provided in article 105, may confine the juvenile into a disciplinary center, if the
case.

When the juvenile becomes an adult, the court may request the extension of the
confinement for two more years at most, if this is necessary in order to reach the
objective of the confinement.

Art. 107. - If after at least one year since the confinement into a disciplinary
center the juvenile showed clear evidence of improvement, diligence in study
and professional training, the court can approve the release of the juvenile
before being 18 years old.

Art. 108. - If during the release granted in accordance with the preceding article
the juvenile has had a bad behavior, the court can order the recalling of the
release.

If during the confinement in a disciplinary center or a medical-disciplinary


institute, or during the release before 18 years old, the juvenile commits a new
crime for which the appropriate penalty consists in the imprisonment penalty, the
court cancels the release.

Art. 109.- The penalties which can apply to the juvenile are imprisonment or the
fine provided by the law for the perpetrated crime. The restrictions of the
penalties reduce to half. After reduction, the minimum penalty will not exceed 5
years.

37
When the law provides life sentence for the perpetrated crime, the juvenile gets
imprisonment between 5 and 20 years.

Complementary do not apply to juveniles.

The convictions pronounced for actions perpetrated during juvenilism do not


yield to incapacity or debasement.

Art. 110. - In case of conditional suspension of the penalty’s execution applied to


the juvenile, the test term is made up of the duration of the imprisonment
penalty, plus and interval between 6 months and 2 years, established by the
court. If the applied penalty consists in a fine, the test term is 6 months.

Art. 110(1). - At the same time with the conditional suspension of the
imprisonment penalty’s execution applied to the juvenile in consistence with the
requirements provided in article 110, the court may request, for the period of the
test term, and until the age of 18, the observation appointed to a person or an
institution established in article 103; also, the court can establish for the juvenile
one or more obligations among those provided in art. 103 paragraph 3 and after
the age of 18, the court order the juvenile to comply with the observation rules or
obligations as provided in article 86(3).

The provisions in article 81 paragraphs 3 and 4, in article 82 paragraph 3, in


articles 83, 84 and 86 apply accordingly.

The juvenile’s non-compliance with the requirements established in article 103


paragraph 3 may yield to cancellation of the conditional suspension. In case of
non-compliance with the observation rules or with the obligations established by
the court, in accordance with article 86(3), the provisions of article 86(4)
paragraph 2 apply accordingly.

The provisions in the preceding paragraphs apply accordingly in case of


juvenile’s conditional release as well.

38
TITLE VI.

SECURITY MEASURES

CHAPTER I
GENERAL PROVISIONS

Art. 111. - Security measures have as objective the removal of a danger state
and the avoidance of perpetration of the actions provided in the criminal law.

Security measures are taken against persons who committed actions provided in
the criminal law.

Security measures can be taken even if no penalty applies to the perpetrator,


except for the measure provided in article 112 (d).

Art. 112. - Security measures are as follows:

a) forced medical treatment;


b) medical hospitalization;
c) interdiction of filling a position or of exercising a profession, qualification or
other activity;
d) interdiction of attending certain towns;
e) foreigners’ expulsion;
f) special confiscation.

CHAPTER II

THE REGIME OF THE SECURITY MEASURES

Art. 113. - If the perpetrator, because of a disease or a chronic intoxication from


alcohol, drugs or other such substances, presents a threat for the society, can be
forced to regularly attend a medical recovery until recovery.

When the person for whom such a measure was taken does not attend the
treatment regularly, he can be sent to medical hospitalization.

If the person sent to the treatment is convicted to life sentence or to


imprisonment penalty, the treatment takes place during the penalty’s execution
as well.

39
Obligation to medical treatment can be a provisory measure also during the
criminal investigation or during the trial.

Art. 114. - When the perpetrator is mentally ill or is a drug addict and is under a
state which constitutes a threat for the society, he can be sent to hospitalization
at a medical specialized institute until recovery.

Such a measure can be a provisory one and it can be taken also during the
criminal investigation or during the trial.

Art. 115.- When the perpetrator committed the action due to the incapacity, lack
of education or other causes which make him inappropriate for the filling of a
position, or for the exercise of a certain profession, qualification or other
occupation, he can be subject to the measure of interdiction of filling that position
or of exercising that profession, qualification or occupation.

This measure can be cancelled upon request, after at least one year, if it is
found that the causes which requested this measure ceased to exist. A new
request cannot be done but after at least one year since the denial of the
previous request.

Art. 116. - When the convict to imprisonment penalty for at least one year has
been convicted for other crimes before, if the court finds that the presence of this
convict in the town where the crime was perpetrated constitutes a serious danger
against the society, the convict can be subject to interdiction of being that town
or in other towns specifically mentioned by the court’s conviction decision.

For a conviction longer than 5 years, the requirement that the perpetrator should
not have previously convicted for other crimes is not mandatory.

This measure can be taken for a period of 5 years and it can be extended if the
social threat still exists. The extension cannot exceed the period of the initial
measure.

In case of crimes such as theft, robbery, speculation, assault against morality


and public disorder, beggary, prostitution, rape, homosexualism and sexual
perversity, the security measure can be taken irrespective of the applied penalty,
its duration and quantum and even if the perpetrator has not been convicted
before for other crimes.

The security measure can be cancelled upon request or directly, after at least
one year, but only if the causes which imposed that ceased to exist. A new

40
request is not possible but after at least one year since the denial of the previous
request.

Art. 117. – Any foreign citizen who perpetrated a crime can be forbidden to
remain in the country.

The provision of the preceding paragraph applies also to a person with no


citizenship who does not have the residence in Romania.

If expulsion is added to imprisonment penalty, this expulsion is performed after


the execution of the penalty.

The persons mentioned in this article will not be expelled if there are serious
reasons to believe that they can be tortured in the State where they are to be
expelled.

Art. 118. - The following are subject to special confiscation:

a) the objects resulted from the action provided in the criminal law;
b) the objects that were the instruments or that were intended to be the
instruments for the perpetration of a crime, if they belong to the criminal;
c) the objects which were granted for the perpetration of a crime or for the
rewarding of the criminal;
d) the objects obtained in a clear way for the perpetration of the crime, if they
are not restituted to the injured person and to the extent to which they serve
to the injured person’s compensation;
e) the objects possessed in non-compliance with the legal provisions.

41
42
TITLE VII

CAUSES WHICH CANCEL CRIMINAL RESPONSIBILITY OR


CONSEQUENCES OF THE CONVICTION

CHAPTER I
AMNESTY AND PARDON

Art. 119. - Amnesty cancels the criminal responsibility for the perpetrated crime.
If it occurs after the conviction, this amnesty cancels also the execution of the
pronounced penalty, as well as the other consequences of the conviction. The
fine collected after the amnesty is not restituted.

Amnesty does not affect the security measures, the disciplinary measures and
the rights of the injured person.

Art. 120. - Pardon totally or partially cancels the execution of the penalty or
commutes this penalty to another one which is milder.

The pardon has effects also on the penalties with conditional suspension. In this
case, the portion in the test term which represents the length of the penalty
pronounced by the court is appropriately reduced. If conditional suspension is
revoked or cancelled, only the portion of the penalty which is not pardoned will
be executed.

Pardon does not affect the complementary penalties, except for the case in
which the court decides something else by the pardon act.

Pardon does no affect the security measures and disciplinary measures.

CHAPTER II

LIMITATION

Art. 121. - Limitation removes criminal responsibility.

Limitation does not remove criminal responsibility in case of crimes against


peace and humankind.

43
Art. 122. - Limitation terms of criminal responsibility are as follows:

a) 15 years, when the law provides life sentence or imprisonment penalty longer
than 15 years for the perpetrated crime;

b) 10 years, when the law provides imprisonment penalty longer than 10 years,
but no more than 15 years for the perpetrated crime;

c) 8 years, when the law provides imprisonment penalty longer than 5 years, but
no more than 10 years for the perpetrated crime;

d) 5 years, when the law provides imprisonment more than one year, but no
more than 5 years imprisonment for the perpetrated crime;

e) 3 years, when the law provides imprisonment penalty no longer than one year
or fine penalty for the perpetrated crime.

The terms mentioned in the present article are calculated since the date of the
perpetration of the crime. In case of continuous crimes, the term flows since the
date of termination of the action or non-action, and in case of continued crimes,
since the date of the last action or non-action’s perpetration.

Art. 123. - The term of limitation provided in article 122 is interrupted by the
achievement of any action which, in accordance with the law, must be
communicated to the defendant during the criminal trial.

After each interruption, a new limitation term is initiated.

The interruption of the limitation affects all the participants in the crime, even if
the interruption refers just to some of them.

Art. 124. - Limitation removes criminal in article 122 is exceeded with one half
more.

Art. 125. - Limitation removes the execution of the main penalty.

Limitation does not remove the execution of the main penalties pronounced for
the crimes against peace and humankind.

Art. 126. - The limitation terms of the penalty’s execution are the following:

44
a) 20 years, when the penalty to be executed consists in life sentence or
imprisonment longer than 15 years;
b) 5 years, plus the penalty to be executed, but no more than 15 years, for the
other imprisonment penalties;
c) 3 years, if the penalty consists in a fine.

Llimitation term of the execution of administrative sanctions provided in article 18


and 91 is one year.

The terms provided in paragraph 1 are calculated since the conviction decision
remained final, and the terms provided in paragraph 2 since the conviction
decision remained final or, depending on the case, since, according to the law,
the ordinance by which the sanction was applied can be put into execution.

In case of cancellation of the conditional suspension of the penalty’s execution,


of the suspension of the penalty under observation, or, depending on the case,
of the suspension of the penalty at the place of work, the limitation term starts
since the date the cancellation decision remained final.

Security measures are not subject to limitation.

Art. 127. - The course of the limitation term provided in article 126 is interrupted
by the cessation of the penalty’s execution or by the perpetration of a new crime.

Embezzlement from the execution, after the beginning of the penalty’s execution
yields to a new initiation term to start since the date of embezzlement.

Art. 128. - The course of the limitation term provided in article 126 is suspended
for the cases and under the requirements established in the Criminal Procedure
Code.

The limitation continues with the day when the suspension cause ceased to
exist.

Art. 129. - Limitation terms of criminal responsibility and of the penalty’s


execution are reduced to half for those who were juveniles when the crime was
perpetrated.

Art. 130. - Imprisonment penalty’s execution, when replacing life detention


penalty, limits to 20 years. The limitation term starts since the life sentence
decision remains final.

45
CHAPTER III

LACK OF PRIOR COMPLAINT AND


RECONCILIATION OF THE PARTIES

Art. 131. - In case of crimes for which the initiation of the criminal action is
conditioned by the filling of a prior complaint from the injured person, the lack of
this complaint removes the criminal responsibility.

Also, withdrawal of prior complaint removes the criminal responsibility.

The action which injured several persons yields to criminal responsibility no


matter whether the prior complaint was made or is maintained only by one of
these injured persons.

If the injured is a person who lacks exercise capacity or has a limited exercise
capacity, the criminal trial is initiated by the court.

Art. 132.- Reconciliation of the parties in cases provided by the law removes the
criminal responsibility and terminates the civil action too.

Reconciliation is personal and produces consequences only if it occurs until the


decision remains final.

For the persons lacking exercise capacity, reconciliation is performed only by


their legal representatives. The persons who have limited exercise capacity can
be reconciliated with the approval of the persons provided in the law.
Reconciliation produces consequences also if the criminal trial started at the
court’s initiative.

CHAPTER IV

REHABILITATION

Art. 133. - Rehabilitation yields to termination of declines and interdictions, as


well as of incapacity resulting from conviction.

Rehabilitation does not result into the obligation of reintegration the criminal in
the position where he was before conviction or the obligation of rejoining the
criminal to the permanent army forces or of restituting the lost military degree.

46
Also, the rehabilitation does not affect the security measures, with exception of
the one provided in art. 112 (d).

Art. 134. Rehabilitation lawfully takes place in the case of fine or imprisonment
penalty no longer than one year, if during 3 years the convict did not perpetrate
any other crime.

Art. 135. - The convict can be rehabilitated by the court, upon request:

a) in case of imprisonment penalty between one year and five years, after a 4
year term, to which half of the pronounced penalty is added;

b) in case of imprisonment penalty between 5 years and 10 years, after a 5 year


term, to which half of the pronounced penalty is added;

c) in case of imprisonment penalty longer than 10 years, after a 7 year term, to


which half of the pronounced penalty is added;

d) in case of life sentence commuted or replaced with imprisonment penalty,


after a 7 year term, to which half of the imprisonment penalty is added.

The general prosecutor may request, in special cases, the diminution of the
terms provided in this article.

Art. 136. - The terms provided in articles 134 and 135 are calculated starting with
the date when the main penalty’s execution finished or when this execution was
limited.

For the convicts to fine penalty the term starts with the moment the fine was paid
or its execution ceased in other way.

In case of total or partial pardon, the term starts with the date of the pardon act.

Art. 137. The court rehabilitation request is admitted if the convict meets the
following requirements:

a) has not been convicted again during the interval provided in article 135;

b) has an assured existence through work or other honest means, as well as the
case when the convict has the age for retirement or for incapacity to work;

c) has had a good behavior;

47
d) has entirely paid the court expenses and civil compensation he was subject
to, with exception for the case the injured party dropped the compensations,
or when the court finds that the convict has regularly achieved the obligations
regarding the civil provisions in the conviction decision.

When the court finds that the requirement in (d) is not accomplished, but this is
not because of the convict’s bad will, the court can request rehabilitation.

Art. 138. - In case of denial of rehabilitation request, a new request can be made
only after a term of 3 months, in case of conviction to imprisonment longer than
10 years, after a term of 2 years in case of conviction to imprisonment longer
than 5 years and after a term of one year in the other cases; these terms are
calculated starting with the date of the request’s denial.

The requirements mentioned in article 137 must be accomplished also for the
interval prior to the new request.

When the denial of the request is based on the lack of forms, it can be renewed
in accordance with the provisions in the Criminal Procedure Code.

Art. 139. - Judicial rehabilitation will be cancelled if found that after its granting,
the rehabilitated suffered a new conviction, which if had been known, the result
would have been the denial of the rehabilitation request.

48
TITLE VIII.

THE MEANING OF TERMS AND PHRASES IN THE CRIMINAL LAW

Art. 140. - Whenever the criminal law uses a term or a phrase among the ones
mentioned in the present title, their meaning is the one provided in the following
articles, except for the case when the criminal law states otherwise.

Art. 141. - “Criminal law” means any provision with a criminal character included
in laws or decrees.

Art. 142. - “Territory” as in the “Romania’s territory” and the “country’s territory”
means the stretch of land and the waters between the frontiers, the underground
and the air space, as well as the territorial sea with the ground, the underground
and the air space belonging to this.

Art. 143. - “Crime perpetrated on the country’s territory” means any crime
committed on the territory mentioned in article 142 or on a Romanian ship or
plane.

A crime is considered committed on the country’s territory also when only an


execution or a consequence of the crime occurred on this territory or on a
Romanian ship or plane.

Art. 144. - “Perpetration of a crime” or “Committing of a crime” means the


perpetration of any of the actions punished by the law as a consumed crime or
as an attempt, as well as the participation in their perpetration as an author, as
instigator or an accomplice.

Art. 145. - “Public” means everything related to public authorities, institutions


legal persons of public interest, administration, usage and exploitation of public
assets, public service, as well as any asset which, according to the law, is of
public interest.

Art. 146. - “Very serious consequences” means a material damage bigger than
50 000 000 lei or a very serious disorder in the activity performed by a public
authority or by any other entities mentioned in article 145 or by another legal or
natural person.

49
Art. 147. - “Public clerk” means any person who temporarily or permanently
exerts a duty of any nature, under any title, paid or not paid, in the service of one
of the entities mentioned in art. 145.

“Clerk” means the person addressed in paragraph 1, as well as any employee


who exerts a duty in the service of another legal person than established in
paragraph 1.

Art. 148. - Abrogated.

Art. 149. - “Close relatives” are the ancestors and progeny, the sisters and
brothers, their children, as well as the persons who become relatives through
adoption, in accordance with the law.

The provision in the criminal law regarding close relatives, under the restrictions
provided by the preceding paragraph, apply in case of full adoption, to the
adopted person, to this person’s progeny and according to the natural relatives,
and in case of limited adoption, this provision applies to the adopted and his
progeny and according to the adopter’s relatives.

Art. 150. - “State secrets” are documents and data which obviously denote that
character, as well as those declared or qualified as secret by the Government’s
decision.

“Official record” is any record issued by an entity among those established in


article 145 or a record belonging to such an entity.

Art. 151. - “Weapons” are the instruments, elements or devices declared as such
by legal provisions.

Any other objects which could be used as weapons and which have been used
for attack are included in this class.

Art. 152. - An action is considered to have been committed “in public” when it
was committed as follows:

a) in a place which by its nature or destination is always accessible to the public,


even if no person is present;

b) in any other place accessible to the public, if there are two or more persons;

50
c) in a place which is not accessible to the public, with the intention for the
action to be heard or seen and if this result produced in the presence of two
or more persons;

d) in an assembly or meeting, except the meetings which can be considered as


having a family character, due to the nature of the relationships among the
participants;

e) by any means realized by the perpetrator that could reach the public.

Art. 153. - “War time” means the time interval since the date of declaration of
mobilization or since the beginning of war operations and until the date of the
army’s peace declaration.

Art. 154. - The calculation of the time considers the day as 24 hours and the
week as seven days. The month and the year are considered terminated with
one day before the date corresponding to the date they started.

51
THE SPECIAL PART

TITLE I

CRIMES AGAINST STATE SECURITY

Art. 155. - The action of a Romanian citizen or of a citizen without citizenship


with residence on the Romanian State’s territory, of getting in touch with a
foreign authority or organization or foreign agents pertaining to these, in order to
destroy or affect the state’s unity, indivisibility, sovereignty or independence,
through war initiation actions against the country or facilitation of foreign military
occupation, or of economic and political undermining, or of subduence to a
foreign power, or of assistance given to a foreign power in performing an
adversary activity against the state’s security, is punished with life sentence or
with imprisonment between 15 and 25 years and interdiction of certain rights.

Art. 156. - The action of the Romanian citizen or of a person without citizenship
but with residence on the Romanian state’s territory, who, during the war period:

a) subdues territories, towns, defense facilities, warehouses or installations


belonging to the Romanian army forces or which are means of defence;

b) subdues ships, airplanes, vehicles, equipment, weaponry or any other


materials which could serve the war;

c) obtains people, valuable objects and materials of any kind for the enemies;

d) deserts the colors or performs other actions which can facilitate the enemy’s
activity or weaken the power of fight of the Romanian army or of the ally
armies,

is punished with life sentence or imprisonment between 15 and 25 years and


interdiction of rights.

The same punishment applies to the Romanian citizen or to a person without


citizenship but with residence on the Romanian state’s territory, who, during war,
fights or is a member of organizations against the Romanian state or its allies.

Art. 157. - Transmission of state secrets to a foreign power or organization, or to


foreign agents, as well as obtaining documents or information which constitutes
state secrets, or possession of such documents by persons who are not entitled
to know such documents, in order to transfer them to a foreign authority or
organization, or their agents, which is performed by a Romanian citizen or by a

52
person without citizenship but with residence on the Romanian state’s territory, is
punished with life sentence or imprisonment between 15 and 25 years and
interdiction of certain rights.

The same actions, if related to other documents or information which through


their character make the perpetrated action endanger the state’s security, are
punished with imprisonment between 5 and 20 years and interdiction of certain
rights.

Art. 158. - The actions mentioned in article 155 and in article 156, perpetrated by
a foreign citizen or by a person with no citizenship without residence on the
Romanian state’s territory, are punished with life sentence or imprisonment
between 15 and 25 years and interdiction of certain rights.

Art. 159. - The actions mentioned in article 157, perpetrated by a foreign citizen
or by a person with no citizenship without residence on the Romanian state’s
territory, are punished with life sentence or imprisonment between 15 and 25
years and interdiction of certain rights.

Art. 160. - An attempt on a person’s life, physical and health integrity who
performs an important state activity or other important public activity, committed
under circumstances which make the action endanger the state’s security, is
punished with life sentence or with imprisonment between 15 and 25 years and
interdiction of certain rights.

Art. 161. - The attempt on a community through poisoning, spreading of


epidemic disease or through any other means which could weaken the state’s
power, is punished with life detention or with imprisonment between 15 and 25
years and interdiction of certain rights.

Art. 162. - An armed action meant to weaken the state’s power is punished with
life detention or with imprisonment between 15 and 25 years and interdiction of
certain rights.

Any other violent actions committed by several persons together, meant to have
the same consequences, are punished with imprisonment between 5 and 20
years and interdiction of certain rights.

Art. 163.- Destruction, degradation or bringing to non-usable state, entirely or


partially, through explosions, fires or others, of enterprises, industrial

53
installations, machines, communication channels, means of transportation,
means of telecommunications, buildings, industrial and agricultural products, or
of other assets, if the action can bring in any way damage to the state’s security,
are punished with life detention or imprisonment between 15 and 20 years and
interdiction of certain rights.

Art. 164. - Abrogated.

Art. 165. - The action of using a unit among those refereed to in article 145, or
of preventing its normal activity, if the action has such a character to undermine
the national economy, is punished with imprisonment between 5 and 20 years
and interdiction of certain rights.

If the action provided in the preceding paragraph has resulted into


important damage for the national economy, the penalty consists in life detention
or imprisonment between 15 and 25 years and interdiction of certain rights.

Art. 166. - The propaganda for establishing of a totalitarian state,


performed through any means, in public, is subject to imprisonment between 6
months and 5 years and interdiction of certain rights.

The propaganda consists in the systematic circulation of ideas, concepts


and doctrines meant to pursue and attract new supporters.

Art. 166(1). - The initiation, the organization, the perpetration or the


support of actions which can endanger by any means the constitutional rules, the
national, sovereign, independent, unitary and indivizible character of the
Romanian state is subject to imprisonment between 5 and 15 years and
interdiction of certain rights.

The action of urging the public to perpetration of the actions mentioned in


paragraph 1 is subject to imprisonment between 2 and 7 years.

If the action provided in paragraph 2 resulted into the perpetration of the


urged crime, the penalty applied is the penalty provided by the law for that crime.

Perpetration of any action in order to violently undermine the constitutional


rule is subject to imprisonment between 10 and 20 years and interdiction of
certain rights.

Art. 167. – The initiation or constitution of an association or group in order


to perpetrate one of the crimes provided in articles 155 – 163, 165, 166(1), or the
adhesion or support in any way of such association or group is punished with life

54
detention or imprisonment between 15 and 25 years and interdiction of certain
rights.

The penalty for conspiracy cannot be longer than the sanction provided by
the law for the most serious crime, which pertain to such association or group’s
scope of activity.

If the actions provided in paragraph 1 have been followed by the


perpetration of a crime, the rules of crime concurrence apply.

Any person who, perpetrating the crime mentioned in paragraphs 1 or 3,


denounces this crime before the crime was found.

Art. 168. - The destruction, degradation or hiding of a document


establishing the Romanian state’s rights in rapport with a foreign authority, if the
action has the character of compromising the state’s interests, are subject to
imprisonment between 5 and 15 years and interdiction of certain rights.

Art. 168(1). - Communication or circulation, by any means, of false news,


data or information or false documents, if the action has the character of
damaging the state’s security or Romania’s international relationships, is
punished with imprisonment between 1 and 5 years.

Art. 169. – Disclosure of certain documents or data which are state


secrets or of other documents or data, by a person who knows these data and
documents due to his duties, if the action has the character of endangering the
state’s security, is punished with imprisonment between 7 and 15 yeas and
interdiction of certain rights.

Possession outside the work duties of a document which is state’s secret,


if the action has the character of endangering the state’s security, is punished
with imprisonment between 5 and 10 years.

The penalty provided in paragraph 2 applies the possession of documents


outside the work duties of other documents meant to disclosure, if the action has
the character of endangering the state’s security.

If any other person perpetrates the actions mentioned in the preceding


paragraphs, the penalty is imprisonment between 1 and 7 years.

Art. 170. – The omission of immediate denunciation of the perpetration of


one of the crimes mentioned in articles 155 – 163, 165, 166(1) and 167 is
subject to imprisonment between 2 and 7 years.

The omission of denunciation, committed by the husband/wife or by a


close relative, is not subject to penalty.

55
No penalty applies to a person who before the initiation of the criminal
investigation for the non-denounced crime, notifies the competent authorities on
that crime or who, even after the criminal investigation started or after the
criminals were discovered, facilitated the criminals’ arrest.

Art. 171. – The crimes against the life, physical integrity, health, freedom
or dignity of a representative belonging to a foreign state, are subject to the
penalty provided by the law for the perpetrated crime, whose maximum is
increased with 2 years.

The criminal action is initiated upon the request made by the foreign
government.

Art. 172. – Any participant in the crimes mentioned in the present title is
not subject to penalty if he denounces in due time the perpetration of the crime,
so that its termination can be avoided, or he himself prevents the termination of
the crime and then denounces it.

Any participant who, after the criminal investigation started or after the
criminals were discovered, facilitates their arrest, is subject to a penalty whose
limits reduce to half.

Art. 173. – Any attempt to the crimes mentioned in the present article is
subject to penalty.

An attempt to crime is considered also the manufacture or the obtaining of


the means and instruments, as well as the measures taken for the perpetration
of the crimes provided in articles 156, 157, 159 – 163, 165, 166, 166(1) and
article 158 related to the crime of betrayal by helping the enemy.

Concealing and facilitating the crimes in the present title are subject to
imprisonment between 3 and 10 years.

The penalty applied to the concealer or to the facilitator cannot be longer


than the penalty provided by the law for the author.

Concealment and facilitation performed by husband/wife or by a close relative in


the case of the crimes provided in articles 155 – 163, 165, 166(1) and 167 are
subject to penalty. The limits of the penalty provided in paragraph 3 reduce to
half, and in the case of the other crimes, concealment and facilitation are not
subject to penalty.

56
TITLE II
CRIMES AGAINST THE INDIVIDUAL

CHAPTER I
CRIMES AGAINST LIFE, PHYSICAL INTEGRITY AND HEALTH

Section I
Homicide

Art. 174. – Homicide is punished with imprisonment between 10 and 20


years and interdiction of certain rights.

The attempt is subject to penalty.

Art. 175. – Homicide perpetrated under one of the following


circumstances:
a) with premeditation;
b) out of financial interest;
c) against the husband/wife or a close relative;
d) advantage over the incapacity of the victim to defence;
e) by means which endanger more persons’ lives;
f) related to the victim’s accomplishment of work or public duties;
g) in order to abscond or to abscond other person from investigation or
arrest, or from the penalty’s execution;
h) in order to facilitate or conceal the perpetration of another crime;
i) in public;
is subject to imprisonment between 15 and 25 years and interdiction of
certain rights.

The attempt is subject to penalty.

Art. 176. – Any homicide perpetrated under one of the following


circumstances:
a) by violence;
b) against two or more persons;
c) by a person who has perpetrated a homicide before;
d) in order to perpetrate or to conceal the perpetration of a robbery;
e) against a pregnant woman;
f) against a magistrate, a policeman, sergeant or soldier, during or
related to the accomplishment of their work or public duties,
is punished with life detention or imprisonment between 15 and 25 years
and interdiction of certain rights.

57
The attempt is subject to penalty.

Art. 177. – The murder of a new-born child, committed immediately after


the birth by the mother under a state of nervous anxiety caused by the birth, is
punished with imprisonment between 2 and 7 years.

Art. 178. – Murder of second degree against a person is punished with


imprisonment between one and 5 years.

A murder of second degree resulted from the non-compliance with the


legal provisions or with the precaution measures taken in the exercise of a
profession or qualification, or from the performance of certain activity, is
punished with imprisonment between 2 and 7 years.

When the second-degree murder is committed by a driver on a


mechanical vehicle, and having alcohol concentration over the legal limit or being
under drunkenness, the penalty applied consists in imprisonment between 5 and
15 years.

The same penalty applies to the second-degree murder committed by any


person who is exerting the profession and who is under drunkenness.

If the perpetrated action caused the death of two or more persons, an


increase of maximum 3 years can be added to the maximum of the penalties
provided in the preceding paragraphs.

Art. 179. – The action of the determining or facilitating a persons’ suicide,


if the suicide or the attempt to suicide took place, is punished with imprisonment
between 2 and 7 years.

When the action provided in the preceding paragraph was committed


against a juvenile or a person who was not able to realize the action, or could not
be responsible for his actions, the penalty consists in imprisonment between 3
and 10 years.

Section II

Injures to the physical integrity or to health

Art. 180. – Injures or any other violent actions which cause physical pain
are subject to imprisonment between one month and 3 months or with fine.

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Injures or violent actions which caused medical care for recovery up to 20 days
are punished with imprisonment between 3 months and 2 years or with fine.

The criminal action is initiated upon the prior complaint of the injured
party.

The parties’ reconciliation removes criminal responsibility.

Art. 181. – Any action which resulted into injures against the health or
physical integrity which need up to 60 days of medical care for recovery is
punished with imprisonment between 6 months and 5 years.

The criminal action is initiated upon the prior complaint of the injured
person.

The parties’ reconciliation removes the criminal responsibility.

Art. 182. – Any action which resulted into injures against the health and
physical integrity which need more than 60 days of medical care for recovery, or
which produced one of the following consequences: loss of a feeling or organ,
cease of functioning of these, a permanent physical or mental infirmity,
mutilation, abortion, or endanger of the person’s life, is punished with
imprisonment between 2 and 7 years.

When the action was perpetrated in order to produce the consequences


mentioned in the preceding paragraph, the penalty consists in imprisonment
between 3 and 10 years.

The attempt to the action mentioned in paragraph 2 is subject to penalty.

Art. 183. – If one of the action mentioned in articles 180 – 182 took place
a s a result of the victim’s death, the penalty consists in imprisonment between 5
and 15 years.

Art. 184. – The action mentioned in article 180 paragraph 2 which caused
an injure which needs more than 10 days of medical care for recovery, as well as
the action mentioned in article 181, both second- degree crimes, are punished
with imprisonment between one month and three months or with a fine.

If the crime had one of the consequences provided in article 182


paragraph 1, the penalty consists in imprisonment between 3 months and 2
years or a fine.

When the perpetration of the crime mentioned in paragraph 1 is the result


of the non-compliance with the legal provisions or with safe measures in the

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exercise of a profession, or in the accomplishment of other activity, the penalty
consists in imprisonment between 3 months and 2 years or a fine.

If the action mentioned in paragraph 2 is the result of the non-compliance


with the legal provision or safe measures mentioned in the preceding paragraph,
it is punished with imprisonment between 6 months and 3 years.

For the crimes provided in paragraphs 1 and 3, the criminal action is


initiated upon the prior complaint made by the injured person. The parties’
reconciliation removes the criminal responsibility.

Section III

Abortion

Art. 185. – Pregnancy interruption, by any means, and performed under


one of the following circumstances:
a) outside the authorized medical institutions or facilities;
b) by a person who does not have the qualification of a specialized
doctor;
c) if the age of the pregnancy exceeded fourteen weeks,
is punished with imprisonment between 6 months and 3 years.
Pregnancy interruption, performed under any circumstances, without the
pregnant woman’s agreement, is punished with imprisonment between 2 and 7
years and interdiction of certain rights.

If the actions mentioned in paragraphs 1 and 2 caused a serious physical


injure to the pregnant woman, the penalty consists in imprisonment between 3
and 10 years and interdiction of certain rights and if the crime resulted in the
pregnant woman’s death, the penalty consists in imprisonment between 5 and 15
years and interdiction of certain rights.

If a doctor, beside imprisonment committed the action mentioned in


paragraphs 2 and 3, the interdiction of profession exercise will apply too, in
accordance with article 64 (c).

The attempt is subject to penalty.

Pregnancy interruption performed by a doctor is not subject to penalty if:


a) pregnancy interruption was necessary in order to save the pregnant
woman’s life, health or physical integrity against a serious and
imminent danger which could not have been avoided otherwise;

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b) in the case mentioned in paragraph 1©, when pregnancy interruption
was a must due to therapeutical reasons, according to the legal
provisions;
c) in the case provided in paragraph 2, when the pregnant woman could
not express her will, and pregnancy interruption was imposed by
therapeutical reasons, according to the legal provisions.

Art. 186. – Abrogated.

Art. 187. – Abrogated.

Art. 188. – Abrogated.

CHAPTER II

CRIMES AGAINST THE INDIVIDUAL’S FREEDOM

Art. 189. – Deprivation of freedom against a person in an illegal way is


subject to imprisonment between one year and 5 years.

If the action is perpetrated through the simulation of official qualities,


through kidnap, by an armed person, by two or more persons together or if in
exchange for release, a material or any kind of advantage is requested, as well
as if the victim is a juvenile or is subject to sufferance or endangered health or
life, the penalty consists in imprisonment between 5 and 12 years.

If for the person’s release the criminal requests, in any way, that the state,
a legal person, an intergovernmental international organization or a group of
persons should commit or should not commit a certain action, the penalty
consists in imprisonment between 5 and 15 years.

If the action resulted in the victim’s death or suicide, the penalty consists
in imprisonment between 15 and 25 years.

The attempt for the actions mentioned in paragraphs 1 –3 is subject to


penalty.

The manufacture and obtaining of the means, instruments or measures in


order to perpetrate the action mentioned in paragraph 3 constitute an attempt,
too.

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Art. 190. – Causing or maintaining of a person under the state of slavery,
as well as the slave traffic, are punished with imprisonment between 3 and 10
years and interdiction of certain rights.

The attempt is subject to penalty.

Art. 191. – The action of forcing a person in other cases than those
mentioned by legal provisions, into performance of work against this person’s will
or into an obligatory work, is punished with imprisonment between 6 months and
3 years.

Art. 192. – The illegal intrusion, in any way, in an apartment, room,


auxiliary building or marked place belonging to these, without the utilizator’s
agreement, or the refuse to leave them upon the latter’s request, is punished
with imprisonment between 3 months and 3 years or with a fine.

If an armed person, by two or more persons together performs the action,


during the night or through using false competencies, the penalty consists in
imprisonment between 2 and 7 years.

Art. 193. – Any threat against a person with perpetration of an action or of


a damaging action against this person, this person’s husband/wife or close
relative, if it has the character of bringing the person into panic, is punished with
imprisonment between 3 months and 3 years or with a fine, so that the applied
penalty will not exceed the sanction provided by the law for the crime which was
the object of the threat.

The criminal action is initiated upon the prior complaint made by the
injured person.

The parties’ reconciliation removes the criminal responsibility.

Art. 194. – Any constraint against a person, through violence or threat, in


order to give, to do, to not do, or to suffer from something, if the action is
committed in order to get something illegally, for himself or for other person, is
punished with imprisonment between 6 months and 5 years.

When the constraint consists in a threat of revealing of a real or imaginary


action, which is compromising for the threatened person, for this person’
husband/wife or close relative, the penalty consists in imprisonment between 2
and 7 years.

Art. 195. – Opening the mail addressed to somebody else or the


interception of a telephone, telegraph, etc. conversation or communication by
distance, without having this right, is punished with imprisonment between 6
months and 3 years.

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The same penalty applies to the theft, destruction or detainment of mail,
as well as the disclosure of mail content, even if this was sent open or was open
by mistake, or the disclosure of an intercepted conversation or telephone
communication, even in the case the perpetrator was aware of this action by
mistake or by accident.

The criminal action is initiated upon the prior request of the injured person.

The parties’ reconciliation removes the criminal responsibility.

Art. 196. – The disclosure, with no right, of certain data by the person to
whom this data was handled, or who knew this data due to the profession or
position, if the action can bring prejudice to a person, is punished with
imprisonment between 3 months and 2 years or with a fine.

The criminal action is intuited upon the prior complaint made by the
injured person.

The parties’ reconciliation removes the criminal responsibility.

CHAPTER III

CRIMES REGARDING SEXUAL LIFE

Art. 197. – A sexual intercourse with a woman, through her constraint or


by taking advantage of her impossibility to defence or to express her wish, is
punished with imprisonment between 3 and 10 years.

The penalty consists in imprisonment between 5 and 15 years if:


a) the action was committed by two or more persons together;
b) the victim was under the perpetrator’s care, education, surveillance or
treatment;
c) the victim was caused a serious injure of her physical and health
integrity.

The penalty consists in imprisonment between 10 and 20 years if the


victim was under 14 years old, and if the action resulted in the victim’s death or
suicide, the penalty is imprisonment between 15 and 25 years.

The criminal action for the crime mentioned in paragraph 1 is initiated


upon the prior complaint made by the injured person.

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The action mentioned in paragraphs 1, 2 (b) and (c) and in paragraph 3
thesis I are not subject to penalty if before the decision remained final the victim
married the author of the crime. In case of participation, in other circumstances
than mentioned in paragraph 2 (a), the marriage between the victim and the
author produces the same effects towards the participants.

Art. 198. – A sexual intercourse with a female who is under 14 years old
is punished with imprisonment between one year and 5 years.

The same penalty applies to the sexual intercourse with a female between
14 – 18 years old, if a tutor or curator perpetrates the action, or by a surveyor,
doctor, and teacher, taking advantage of his position.

When the action mentioned in paragraph 1 was perpetrated under the


circumstances provided in article 197 paragraph 2 (b) or if the actions provided in
paragraphs 1 and 2 resulted in the consequences provided in article 197
paragraph 2 (c), the penalty consists in imprisonment between 3 and 12 years.

If the action resulted in the victim’s death, the penalty consists in


imprisonment between 7 and 15 years.

The provisions in article 197 last paragraph apply also in the case of
actions provided in paragraphs 1 – 3.

Art. 199. – An action pertaining to a person who, by promises related to


marriage, determines a female under 18 years old to have sexual intercourse
with him, is punished with imprisonment between one year and 5 years.

The parties’ reconciliation removes the criminal responsibility.

Art. 200. – Sexual intercourse between persons of the same sex,


performed in public or having as consequences public scandals, are punished
with imprisonment between one year and 5 years.

An adult’s action of having sexual intercourse with a juvenile of the same


sex is punished with imprisonment between 2 and 7 years and interdiction of
certain rights.

Sexual intercourse with a person of the same sex under the incapacity of
defence or of expressing his wish or performed by constraint is punished with
imprisonment between 3 and 10 years and interdiction of certain rights.

If the action provided in paragraphs 2 and 3 results into serious injure to


health integrity, the penalty consists in imprisonment between 5 and 15 years
and interdiction of certain rights, and if it results into the victim’s death or suicide,

64
the penalty consists in imprisonment between 15 and 25 years and interdiction of
certain rights.

Pursuance or seduction of a person into sexual intercourse between


persons of the same sex, as well as the propaganda or the association or any
other acts of proselytism performed for the same purpose are punished with
imprisonment between one year and 5 years.

Art. 201. – Actions of sexual perversion performed in public or causing


public scandal are punished with imprisonment between one year and 5 years.

The provisions of article 200 paragraphs 2 – 5 apply accordingly.

Any unnatural acts related to sexual life, other than those provided in
article 200 constitute sexual perversion.

Art. 202. – Obscene acts performed to a juvenile or in the presence of a


juvenile are punished with imprisonment between 3 months and 2 years or with a
fine.

Art. 203. – Sexual intercourse between direct relatives or between brother


and sister is punished with imprisonment between 2 and 7 years.

Art. 204. – The attempt to crimes mentioned in articles 197 – 198 and 200
– 203 is subject to penalty.

CHAPTER IV

CRIMES AGAINST DIGNITY

Art. 205. – Any infringement against a person’s honour, reputation by


means of words, gestures and by other means, or by making the person subject
to mockery, is punished with imprisonment between one month and 2 years or a
fine.

The same penalty applies to the case when a person is granted a defect,
disease or mutilation which, even if real, should not be revealed.

The criminal action is initiated upon the prior request made by the injured
person.

The parties’ reconciliation removes the criminal responsibility.

65
Art. 206. – Stating or imputing in public, by any means, an action
regarding a person, which, if real, would expose that person to a criminal,
administrative or disciplinary sanction or to public disgrace, is punished with
imprisonment between 3 months and 3 years or with a fine.

The criminal action is initiated upon the prior request made by the injured
person.

The parties’ reconciliation removes the criminal responsibility.

Art. 207. – The evidence of the truthfulness of the stated or imputed


actions is acceptable, if the statement and the imputation were performed for the
defence of a legitimate interest. The action related to which the truthfulness test
was performed does not constitute a crime of insult or calumny.

CRIMINAL CODE

TITLE III

CRIMES AGAINST THE PATRIMONY

Art. 208.- Taking a movable that belongs to somebody else, without his consent,
in order to illegally appropriate it, is punished by 1-12 years jail.

Any energy with economic value, as well as the writings are also considered
movables.

The deed is considered theft even if the good belongs wholly or partially to the
perpetrator, but at the moment of committing the crime it was in the lawful
possession of another person.

Taking, under the conditions stated in paragraph 1, of a vehicle, in order to


illegally use it, is also considered theft.

Art. 209. - The theft committed under the following circumstances:

a) by two or more persons together;


b) by a person carrying a weapon or a narcotic substance;
c) by a masked or disguised person;
d) against a person who is the impossibility to express her will or to defend
herself;
e) in a public place;
f) in a public means of transportation;

66
g) at night;
h) during a calamity;
I) by burglary, climbing or by illegal use of a real or false key,

is punished by 3-15 years jail.

The same punishment is used for theft related to:

a) oil products or natural gas in pipelines, store-houses or tanks;


b) a good that is part of the cultural patrimony;
c) an act serving to prove the civil state or the identity.

The theft that caused very serious consequences is punished by 10-20 jail and
interdiction of certain rights.

Art. 210. - The theft committed between husbands or close relatives, or by a


minor against his tutor, or by a person living together with the victim or is hosted
by the latter, is investigated only after the prior complaint of the victim.

The reconciliation between the parties removes the criminal responsibility.

Art. 211. - The theft committed by using violence or threats, or by making the
victim unconscious or unable to defend, as well as the theft followed by such
means in order to keep the good stolen or to remove the traces of the crime, or
in order for the perpetrator to facilitate his escape, is punished by 3-18 years jail.

Robbery committed under the following circumstances:

a) by two or more persons together;


b) by a person carrying a weapon or a narcotic substance;
c) by a masked or disguised person;
d) at night;
e) in a public place or in a means of transport;
f) in a home or its annexes;
g) during a calamity;
h) having one of the consequences shown in art. 182,

is punished by 5-20 years jail.

Robbery that had very serious consequences or resulted in death of the victim is
punished by 15-25 years jail and interdiction of certain rights.

Art. 212. - Robbery through violent acts committed with personal purposes by
the crew or the passengers of a ship against the persons or goods on the

67
respective ship or against another ship, if the ships are at free sea or in a place
that is not under the jurisdiction of any state, is punished by 3-18 years jail.

If the piracy had one of the consequences shown in art. 182, the punishment is
5-20 years jail.

The piracy that had very serious consequences or resulted in death of the victim
is punished by 15-25 years jail and interdiction of certain rights.

The provisions of the previous paragraphs are also enforced accordingly when
the piracy crime has been committed on a spaceship or between a ship and a
spaceship.

Art. 213. - Appropriation of another’s person movable, held under any title, illegal
use or refusal to return it is punished by 3 months-4 years jail or fine.

If the good is private property, except for the case when it is wholly or partially
state property, the criminal action is initiated after the prior complaint of the
victim. The reconciliation between the parties removes the criminal responsibility.

Art. 214. - Causing damage to a person, with bad intentions, on the occasion of
administrating or keeping her goods, by the person who administrates or keeps
the goods or is supposed to do so, is punished by 6 months-5 years jail.

Fraudulent administration committed in order to gain a material advantage is


punished by 3-10 years jail, if the deed is not a more serious crime.

If the good is private property, except for the case when it is wholly or partially
state property, the criminal action for the deed mentioned in paragraph 1 is
initiated after the prior complaint of the victim.

Art. 215.- Misleading a person by presenting a false fact as true or a true fact as
false, in order to gain, for oneself or for somebody else, an unjust material
advantage, or causing damage, is punished by 6 months-12 years jail.

Misleading by using false qualities or names, or by other fraudulent means is


punished by 3-15 years jail. If the respective fraudulent means is itself a crime,
the regulations regarding the competition of crimes are enforced.

Misleading a person on the occasion of drawing up or executing a contract,


committed in such a way that, had it not been for the error, the misled person
would not have agreed upon or executed the contract under the conditions
stipulated, is sanctioned by the punishment shown in the previous paragraphs,
according to the distinctions specified there.

68
Issue of a cheque over a credit institution or a person, being aware that, in order
to make use of it, the necessary provision or cover do not exist, as well as total
or partial withdrawal, after issue, of the provision, or interdiction for the drawee to
pay before the presentation deadline, with the purpose shown in paragraph 1, if
damage has been caused to the holder of the cheque, is sanctioned by the
punishment shown in paragraph 2.

The misleading that had very serious consequences is punished by 10-20 years
jail and interdiction of certain rights.

Art. 215(1). - Appropriation, use or traffic, by an employee, in his own or in


another’s interest, of money, values or other goods that he administrates, are
punished by 1-15 years jail.

If the defalcation had very serious circumstances, the punishment is 10-20 years
jail and interdiction of some rights.

Art. 216. - Failure to hand within 10 days a found good to the authorities or to the
person who has lost it, or using it as one’s own, is punished by 1-3 months jail or
fine.

The same punishment is enforced for the illegal appropriation of a movable that
belongs to somebody else, and has come, by error, in the possession of the
perpetrator.

Art. 217. - Destruction, degrading or causing the impossibility to use a good


belonging to somebody else, or prevention from taking conservation or saving
measures for such a good, as well as removing the measures taken, are
punished by 1 month-3 years jail or fine.

If the good is of outstanding artistic, scientific, historic, archive or other such


value, the punishment is 1-10 years jail.

Destruction, degrading or causing the impossibility to use an oil or gas pipeline, a


high tension cable, telecommunication, radio and TV transmission equipment
and installation, or the water systems and pipelines, are punished by 1-10 years
jail.

If the destruction, degrading or causing the impossibility to use are done by


arson, explosion or any other such means and leads to public danger, the
punishment is 3-15 years jail.

The provisions stipulated in paragraphs 2, 3 and 4 are enforced even if the good
belongs to the perpetrator.

69
If the good is private property, except for the case when it is wholly or partially
state state property, the criminal action for the deed stipulated in paragraph 1 is
initiated after the prior complaint of the victim. The reconciliation of the parties
removes the criminal responsibility.

Art. 218. - If the deeds stipulated in art. 217 had very serious consequences, the
punishment is 10-20 years jail and interdiction of certain rights, and if they
resulted in a disaster, the punishment is jail for life or 15-25 jail and interdiction of
some rights.

The disaster consists in destruction or degrading public means of transport,


installation or works, having as consequences death or serious harm to the
corporal integrity or health of more persons.

Art. 219. - Destruction, degrading or causing the impossibility to use, out of


negligence, of a good, even if it belongs to the perpetrator, when the deed is
committed by arson, explosion or other such means and leads to public danger,
are punished 1 month-2 years jail or fine.

The same punishment is enforced for destruction or degrading, out of


negligence, of an oil or gas pipeline, a high tension cable, telecommunication,
radio and TV transmission equipment and installation or water systems and
pipelines, if they led to impossibility to use them.

Destruction, degrading or causing the impossibility to use, out of negligence, of a


good, even if it belongs to the perpetrator, when they had very serious
consequences, are punished by 1-6 years jail, and when they led to a disaster,
by 3-12 years.

When the disaster or the very serious consequences are the result of leaving the
post or committing any other deed by the driver(s) of public means of transport or
by the direct security staff, the punishment is 5-15 years jail.

Art. 220. - Whole or partial illegal occupation of a real estate belonging to


somebody else is punished by 1 month-2 years jail or by fine.

If the deed stipulated in paragraph 1 is committed by violence or threat, or by


destruction or movement of the borders of a real estate belonging to somebody
else, the punishment is 6 months-5 years jail.

If the deed stipulated in paragraph 2 is committed by two or more persons


together, the punishment is 1-7 years jail.

If the real estate belongs to a private person, except when it belongs wholly or
partially to the state, the criminal action is initiated after the prior complaint of the
victim. The reconciliation of the parties removes the criminal responsibility.

70
Art. 221. - Receiving, acquiring or transformation of a good or facilitation of its
use, being aware that the good resulted from committing a deed stipulated by
the criminal law, if its purpose was to gain, for oneself or for somebody else, a
material advantage, are punished by 3 months-7 years jail; the sanction enforced
cannot exceed the punishment stipulated by the law for the crime from which the
hidden good resulted.

The hiding committed by the spouse or by a close relative is not punished.

Art. 222.- Tentative of crimes stipulated in art. 208 - 212, 215, 215(1), 217 and
218 is punished.

TITLE IV

CRIMES AGAINST PUBLIC PROPERTY

Art. 223 - abrogated.

Art. 224 - abrogated.

Art. 225 - abrogated.

Art. 226 - abrogated.

Art. 227 - abrogated.

Art. 228 - abrogated.

Art. 229 - abrogated.

Art. 230 - abrogated.

Art. 231 - abrogated.

Art. 232 - abrogated.

Art. 233 - abrogated.

Art. 234 - abrogated.

Art. 235 - abrogated.

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TITLE V

CRIMES AGAINST AUTHORITY

Art. 236. - Any manifestation by which one expresses contempt for the emblems
of Romania are punished by 6 months-3 years jail.

The manifestation expressing contempt for the emblems or signs used by the
authorities is punished by 6 months-3 years jail.

Art. 237 - abrogated.

Art. 238. - Harm done to honor or threat in public against one of the persons
mentioned in art. 160, in relation to her activity and meant to harm the authority,
is punished by 6 months-5 years jail.

Hitting or any other acts of violence, as well as corporal harm against one of the
persons and under the conditions shown in paragraph 1, are punished by 3-10
years jail; if serious corporal harm was caused, the punishment is 5-15 years jail
and interdiction of certain rights.

Art. 239. - Insult, calomny and threat, unmediated or directly communicated to a


public employee whose position implies exertion of state authority, during service
or for acts done during service, are punished by 3 months-4 years jail.

Hitting or any acts of violence, as well as corporal harm done against the person
specified in paragraph 1, during service or for acts done during service, are
punished by 6 months-7 years jail; if serious corporal harm was caused, the
punishment is 3- 12 years jail.

If the deeds stipulated in the previous paragraphs are committed against a


magistrate, policeman, gendarme or other military, the special maximum
punishment is increased by 3 years.

Art. 239(1). - For the crimes stipulated in art. 180-182, 189 and 193 committed
against the spouse, children or parents of the persons specified in art. 238 or in
art. 239 paragraph 3, with the purpose of intimidation or revenge for acts or
deeds committed during service, the maximum punishment is increased by one
third.

Art. 240. - Illegal use of an official quality, accompanied or followed by


perpetration of an act related to that quality, is punished by 6 months-3 years jail.

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Art. 241. – Illegal wearing of decorations, uniforms or distinctive signs of a state
body, is punished by 1-3 months jail or fine.

Illegal wearing of uniforms, signs of military rank or military badges is punished


by 3 months-2 years jail or fine.

If the deed stipulated in the previous paragraph is committed during war, the
punishment is 1-5 years jail.

Art. 242. - Taking away or destroying a file, register or any other writing kept or
held by a state body or institution or by another state institution among those
referred to in art. 145 is punished by 3 months-5 years jail.

Destruction out of negligence of one of the writings stipulated in the previous


paragraph, having an artistic, scientific, historic, archive or other such value, is
punished by 3 months-2 years jail or fine.

If the deeds stipulated in paragraphs 1 and 2 are committed by a public


employee during service, the maximum punishments stipulated in these
paragraphs are increased by one year.

The tentative of the crime stipulated in paragraph 1 is punished.

Art. 243. - Removal or destruction of an applied legal seal is punished by 1


month-1 year jail or fine.

If the deed has been committed by the custodian, the punishment is 3 months-2
years jail or fine.

Art. 244. - Taking away a good that is legally distrained is punished by 1 month-1
year jail or fine.

If the deed has been committed by the custodian, the punishment is 3 months-2
years jail or fine.

Art. 245 - abrogated.

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TITLE VI

CRIMES THAT HARM SOME ACTIVITIES OF PUBLIC INTEREST OR OTHER


ACTIVITIES REGULATED BY THE LAW

CHAPTER I
SERVICE OR SERVICE-RELATED CRIMES

Art. 246. The deed of the public employee who, during service, fails to or
wrongly accomplishes an act, thus harming the legal interests of a person, is
punished by 6 months-3 years jail.

Art. 247. - Limitation, by a public employee, of the use or exertion of a right by a


citizen, or putting the latter in a position of inferiority on grounds of nationality,
race, sex or religion, is punished by 6 months-5 years jail.

Art. 248. - The deed of the public employee who, during service and being fully
aware of it, fails to or wrongly accomplishes an act, thus harming the activity of a
state body or institution, or of another institution among those referred to in art.
145, or causes damage to its patrimony, is punished by 6 months-5 years jail.

Art. 248(1). - If the deeds mentioned in art. 246, 247 and 248 had very serious
consequences, they are punished by 5-15 years jail and interdiction of certain
rights.

Art. 249. - A public employee’s failure to accomplish or wrong accomplishment,


out of negligence, of a service duty, if harmful to the activity of a state body or
institution, or of an institution among those referred to in art. 145, causing
damage to its patrimony or substantially harming the legal interests of a person,
is punished by 1 month-2 years jail or fine.

The deed mentioned in paragraph 1, if it had very serious consequences, is


punished by 2-10 years jail.

Art. 250. - The use of insults against a person by a public employee during
service is punished by 3 months-3 years jail or fine.

Hitting or other acts of violence committed under the conditions in paragraph 1


are punished by 6 months-5 years jail.

Art. 251 - abrogated.

Art. 252. - Negligence that leads to destruction, alteration, loss or take away of a
document that represents state secret and negligence that leads to another
person finding out such a secret, if harmful to the state interests, are punished by
3 months-3 years jail.

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Art. 253 - abrogated.

Art. 254. - The deed of the employee who, directly or indirectly, claims or
receives money or other advantages that are not due to him or does not reject
them in order to accomplish, not to accomplish or delay the accomplishment of
an act related to his service duties or in order to act against these duties, is
punished by 3-12 years jail and interdiction of certain rights.

The deed mentioned in paragraph 1, if it was committed by an employee having


control attributions, is punished 3-15 years jail and interdiction of certain rights.

The money, values or any other goods that were the object of bribe are
confiscated, and if they cannot be found, the convict is obliged to pay their
equivalent in money.

Art. 255. Promising, offering or giving money or other advantages, in the ways
and with the purposes shown in art. 254 are punished by 6 months-5 years jail.

The deed mentioned in the previous paragraph is not considered crime when the
briber has been constrained by any means by the one who took the bribe.

The briber is not punished if he informs the authorities of his deed before the
investigation body is announced of the crime.

The provisions of art. 254 paragraph 3 are enforced accordingly, even if the offer
has not been accepted.

The money, values or any other goods are returned to the person who gave
them in the cases described in paragraphs 2 and 3.

Art. 256. - Acceptance by an employee, directly or indirectly, of money or other


advantages, after having accomplished an act dictated by his position and which
he was obliged to accomplish by the nature of his position, is punished by 6
months-5 years jail.

The money, values or any other goods received are confiscated, and if they
cannot be found, the convict is obliged to pay for their equivalent in money.

Art. 257. - Receiving or claiming goods or other advantages, or acceptance of


promises, gifts, directly or indirectly, for oneself or for another, done by a person
who has or lets the other think he has enough influence over an employee to
make him accomplish or fail to accomplish an act that is part of the latter’s
service attributions, is punished by 2-10 years jail.

The provisions of art. 256 paragraph 2 are enforced accordingly.

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Art. 258. - The provisions of art. 246-250 regarding the public employees are
also enforced on the other employees, in this case the maximum punishment
being reduced by one third.

CHAPTER II
CRIMES THAT IMPEDE JUSTICE

Art. 259. - False blame by denunciation or complaint, regarding the perpetration


of a crime by a certain person is punished by 6 months-3 years jail.

Presentation of false evidence in order to support a false blame is punished by


1-5 years jail.

If the one who committed the deed states before the person against whom the
denunciation or the complaint have been made, or against whom the evidence
has been presented, that the denunciation, complaint or evidence are false, the
punishment is reduced according to art. 76.

Art. 260. - The deed of a witness who, in a criminal, civil, disciplinary or any
other cause where witnesses are heard, makes false statements or does not say
everything he knows about the essential circumstances on which he is
questioned, is punished by 1-5 years jail.

The deed mentioned in the previous paragraph is not punished if, in the criminal
causes before the defendant is arrested, and in all cases before a decision is
passed or another settlement is made as a result of the false testimony, the
witness withdraws his testimony.

If the testimony withdrawal takes place in criminal causes after the arrest of the
defendant, and in all causes after a decision is passed or another settlement is
made as a result of the false testimony, the instance will reduce the punishment
according to art. 76.

The provisions of paragraphs 1-3 are enforced accordingly on the expert and the
interpreter.

Art. 261. - The attempt to constraint or corrupt a person into making false
statements in a criminal, civil, disciplinary or any other cause where witnesses
are heard, is punished by 3 months-2 years jail or fine.

The provisions of the previous paragraph are also enforced when the deed is
committed against an expert or an interpreter.

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Art. 261(1). - Prevention of a witness, expert, interpreter or defender from taking
part in a criminal, civil, disciplinary or any other cause, done by violence, threat
or by any other means of constraint against them, their spouses or close
relatives, is punished by 6 months-7 years jail.

The attempt is punished.

Art. 262. - Failure to denounce immediately one of the crimes specified in art.
174, 175, 176, 211, 212, 215(1), 217 paragraphs 2-4, art. 218 paragraph 1 and
art. 276 paragraph 3 is punished by 3 months-3 years jail.

The deed specified in paragraph 1, committed by the spouse or by a close


relative, is not punished.

The person who, before the initiation of criminal investigation of the


undenounced crime, informs the competent authorities of the respective crime or
who, even after the criminal investigation started or the guilty persons have been
found, facilitates their arrest, is not punished.

Art. 263. - The deed of the public employee who, finding out about the
perpetration of a crime related to his service, fails to announce immediately the
prosecutor or the criminal investigation body according to the criminal procedure
law, is punished by 3 months-5 years jail.

If the deed is committed by a public employee with control or management


attributions, the punishment is 6 months-7 years jail.

Art. 264.- The help given to a perpetrator without a prior understanding or during
the perpetration of the crime, in order to impede or stop the criminal
investigation, the trial or the execution of the punishment, or in order to ensure
the use or product of the crime for the perpetrator, is punished by 3 months-7
years jail.

The punishment enforced on the facilitator cannot be greater than the


punishment stipulated by the law for the perpetrator.

The facilitation by a spouse or a close relative is not punished.

Art. 265. - The failure to inform the judicial bodies on circumstances that, if
known, would lead to declaring unguilty a person unjustly sent to court or
convicted, or to setting free a person unjustly kept under preventive arrest is
punished by 3 months-1 year jail or fine.

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The deed specified in the previous paragraph is not punished if, by informing, the
person who has this obligation would prejudice herself, her spouse or a close
relative.

Art. 266. - Illegal held or arrest, or forcing a person to execute a punishment,


assurance or educative measures, in another way than that specified by the legal
provisions, is punished by 6 months-3 years jail.

The use of promises, threats or violence against a person under investigation,


criminal inquiry or trial, in order to obtain declarations, is punished by 1-5 years
jail.

The same punishment is enforced for the use of promises, threats or violence
against a witness, expert or interpreter.

Art. 267. - Bad treatment of a person under hold, arrest or executing an


assurance or educative measure is punished by 1-5 years jail.

Art. 267(1). - Pain or physical or psychic strong sufferance intentionally caused


to a person, especially in order to obtain from this person or from a third person
information or confessions, to punish her for an act that she or a third person
committed or is suspected to have committed, to intimidate or to exert pressure
on her or on a third person, or for any other reason based on a form of
discrimination, whatever this is, when such pain or sufferance are caused by a
public authority agent or by any other person who acts under an official title,
instigated by or with the express or tacit consent of such persons, is punished by
2-7 years jail.

If the deed mentioned in paragraph 1 had one of the consequences shown in art.
181 or 182, the punishment is 3-10 years.

The torture that resulted in death of the victim is punished by jail for life or for 15-
25 years.

The attempt is punished.

No exceptional circumstance, whatever that is, be it war or threats of war,


internal political instability or any other exceptional situation, can be invoked as
justification for torture; the order of the superior or of a public authority cannot be
invoked either.

The deeds stipulated in paragraph 1 are not considered torture if the pain or
sufferance result exclusively from legal sanctions and are inherent to these
sanctions or caused by them.

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Art. 268. - Initiation of criminal investigation, order of arrest, sending to court or
convicting a person, being aware that she is not guilty, are punished by 2-7 years
jail.

Art. 269.- Escape from legal hold or detention is punished by 6 months-2 years
jail.

If the deed is committed through violence, use of weapons or other instruments,


or by two or more persons together, the punishment is 2-8 years jail.

The punishment enforced for escape is added to the punishment to be executed,


without the possibility to exceed the general maximum for the jail.

The attempt is punished.

Art. 270.- Facilitation by any means of escape is punished by 1-5 years jail, and
if the deed has been committed by a person whose duty was to guard the one
who escaped, the punishment is 2-7 years jail.

Facilitation of escape under the conditions of art. 269 paragraph 2 is punished by


2-8 years jail, and if the deed is committed by a person whose duty was to guard
the one who escaped, the punishment is 3-10 years jail.

Facilitation of escape of a person held, arrested or convicted for a crime for


which the law stipulates a punishment greater than 10 years, is punished by 3-10
years jail, and if the deed is committed by a person whose duty was to guard the
one who escaped, the punishment is 3-12 years jail.

Facilitation of escape out of negligence by a person whose duty was to guard the
one who escaped, is punished by 3 months-2 years jail.

The attempt to commit the deeds mentioned in paragraphs 1, 2 and 3 is


punished.

Art. 271. - Fighting against the execution of a judicial decision, by threatening the
execution body, is punished by 6 months-3 years jail, and if the deed has been
committed by violence acts, the punishment is 1-7 years jail.

Preventing a person from using a house or a part of a house, possessed on the


basis of a judicial decision, is punished by 3 months-2 years jail or fine.

If the deed specified in paragraph 2 is committed by threat, the punishment is 6


months-3 years jail, and if the deed has been committed by acts of violence, the
punishment is 1-5 years jail.

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Failure to comply with the judicial decisions, by non-execution of the assurance
measures specified in art. 112 (c) and (d) is punished by 1-3 months jail or fine.

Art. 272. - Holding or destruction of a writing issued by a criminal investigation


body, by a court or another jurisdiction body, or prevention in any way of a writing
destined to one of the above mentioned bodies to reach them, when such
writings are necessary to the settlement of a cause, is punished by 3 months-2
years jail or fine.

CHAPTER III
CRIMES AGAINST RAILWAY TRANSPORT SECURITY

Art. 273.- Failure to or wrong accomplishment of service duties, out of


negligence, by the railways employees, if these could have endangered the
railway transport security, is punished by 6 months-3 years jail.

When the deed specified in the previous paragraph led to a disturbance of


railway transport or to a railway accident, the punishment is 3-7 years jail, and in
case a railway catastrophe occurred, the punishment is 5-15 years jail.

Art. 274. - Intentional failure to accomplish one’s service duties or wrong


accomplishment of these duties by the railway employees, if they could have
endangered the railway means of transport security, are punished by 1-5 years
jail.

If the wrong accomplishment or intentional failure to accomplish shown in


paragraph 1 led to a disturbance of railway transport or to a railway accident, the
punishment is 3-10 years jail, and in case a railway catastrophe occurred, the
punishment is 10-15 years jail and interdiction of certain rights.

Art. 275.- Leaving their posts, in any way and under any form, by the employees
who directly ensure the security of the circulation of the railway means of
transport, if this could have endangered the security of the circulation of the
means of transport, is punished by 2-7 years jail.

The same punishment is enforced when the employees who directly ensure the
security of the circulation of the railway means of transport exert their service
attributions while being drunk.

When the deeds specified in the previous paragraphs led to a disturbance of


railway transport or to a railway accident, the punishment is 5-15 years jail, and
in case a railway catastrophe occurred, the punishment is 10-20 years jail and
interdiction of certain rights.

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Art. 276. - Destruction, degradation or making inefficient the railway or the
railway installations, or placing obstacles on the railway, if this could have
endangered the security of the railway means of transport, is punished by 3-12
years jail.

The same punishment is enforced for false signals or any acts misleading the
railway staff during service, if these deeds could have led to a railway accident or
catastrophe.

In case the deeds specified in the previous paragraphs led to a disturbance of


railway transport or a railway accident, the punishment is 10-15 years jail and
interdiction of certain rights, and if a railway catastrophe occurred, the
punishment is jail for life or for 15-25 years and interdiction of certain rights.

Perpetration out of negligence of the deeds shown in paragraphs 1,2 and 3 is


punished, for paragraphs 1 and 2, by 1-5 years jail, and, for paragraph 3, by 3-7
years jail, if a disturbance in railway transport or a railway accident have
occurred, and by 10-15 years jail if a railway catastrophe has occurred.

If one of the deeds specified in this article is committed by a railways employee,


2 years may be added to the maximum punishment stipulated for the deed
committed, without exceeding the general maximum punishment.

Attempts to commit the deeds stipulated in paragraphs 1-3 are punished.

Art. 277. - The railway accident consists in serious destruction or degradation of


the railway material or other railway installations during circulation or to the
driving devices of the railway means of transport.

The railway catastrophe consists in running off the rails, turning upside down or
falling of a railway means of transport, or in occurrence of something similar, as
well as in collision of two railway means of transport, or of a railway means of
transport with another vehicle, if very serious consequences occurred, such as
death or harm of corporal integrity of some persons, or destruction or
degradation of the railway means of transport, of railway installations or goods
given for transportation.

Art. 278.- Criminal action for deeds stipulated in art. 273 paragraph 1, art. 274
paragraph 1 and art. 275 paragraphs 1 and 2 is initiated only after the competent
railway bodies have been informed.

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CHAPTER IV

CRIMES RELATED TO THE REGIME ESTABLISHED FOR SOME ACTIVITIES


REGULATED BY THE LAW

Art. 279. - Possession, wearing, manufacturing, transport, as well as any other


operation related to weapons and ammunition circulation or to the illegal
functioning of weapons repairing units are punished by 6 months-5 years jail.

The same punishment is enforced for failure to submit the weapon or


ammunition before the deadline settled by the law, to the competent body, by the
person whose request for extension of the permit has been rejected.

The following acts are punished by 2-7 years jail:

a) illegal possession, estrangement or wearing of hidden weapons or military


weapons, as well as of ammunition for such weapons;

b) illegal possession, estrangement or wearing of more weapons, except for


those stipulated at (a), as well as of panoply weapons or of the corresponding
ammunition in large quantities;

c) illegal wearing of weapons in state or other public units, at public meetings or


in election places.

The attempt is punished.

Art. 279(1)
Illegal receiving, possession, use, giving, modification, estrangement,
dispersation, exposure, transport or return of nuclear materials or other
radioactive materials, as well as any other operations related to their circulation
are punished by 3-10 years jail and interdiction of some rights.

If the deeds stipulated in paragraph 1 caused public danger, led to one of the
consequences shown in art. 181 or 182, or caused material damage, the
punishment is 4-12 years jail and interdiction of certain rights.

Taking away or destruction of nuclear materials or other radioactive materials are


punished by 5-15 years jail and interdiction of certain rights.

If the deeds stipulated in paragraph 3 caused public danger or led to one of the
consequences shown in art. 181 and 182, the punishment is 5-20 years jail and
interdiction of certain rights.

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If the deeds stipulated in paragraph 1 led to extremely serious consequences,
the punishment is 10-20 years jail and interdiction of certain rights; if they
resulted in death of one or more persons, the punishment is jail for life or 15-25
years jail and interdiction of certain rights.

Threat addressed to a state, to an international organization or to a legal or


natural person, by using nuclear or other radioactive materials with the purpose
of harming or causing the death of a person, or of causing material damage, is
punished by 3-12 years jail.

If the deed stipulated in paragraph 6 is conditioned by accomplishment or non-


accomplishment of an act, or if, by any form of threat, nuclear or other
radioactive materials are claimed, the punishment is 5-15 years jail and
interdiction of certain rights.

The attempt is punished.

Art. 280. - Production, experimentation, processing, possession, transport or use


of explosives or any other illegal operations related to these materials are
punished by 3-10 years jail and interdiction of certain rights.

Taking away explosives is punished by 5-15 years jail and interdiction of certain
rights.

When the deeds stipulated in paragraphs 1 and 2 involve a quantity larger that 1
kilo explosive equivalent or when the quantity of explosive is accompanied by
initiation materials, the punishment is 5-20 years jail and interdiction of certain
rights.

The deeds stipulated in paragraphs 1 and 2, if they caused public danger or led
to one of the consequences shown in art. 181 and 182, are punished by 5-20
years jail and interdiction of certain rights. The same punishment is enforced for
the deed stipulated in paragraph 1, if it caused material damage.

If the deeds stipulated in the previous paragraphs led to extremely serious


consequences, the punishment is 10-20 years jail and interdiction of certain
rights, and if they resulted in death of one or more persons, the punishment is jail
for life or 15-25 years jail and interdiction of certain rights.

Threat addressed to a state, an international organization or a legal or natural


person, by using explosives with the purpose of harming or causing the death of
some persons or material damage, is punished by 3-12 years jail.

Threat by using explosives, committed in the circumstances described in art.


279(1) paragraph 7, is punished by the punishment stipulated in the respective
paragraph.

83
The attempt is punished.

Art. 280(1). - Estrangement, hiding or any other deed that leads to loss of a good
from the national cultural patrimony or from the national archives fund, good that,
according to the law, is part of that patrimony or fund, is punished by 2-7 years
jail.

If the loss of the good from the above mentioned patrimony or fund was
committed by committing a deed that is itself a crime, the punishment is the one
stipulated by the law for the crime committed, whose maximum is increased by 3
years.

The deed stipulated in paragraph 1 is not punished, and for the deeds stipulated
in paragraph 2 the punishment is not increased, if before the decision is
declared final, the perpetrator removes the consequences of the crime, returning
the good to the patrimony or fund involved.

Art. 281.- Illegal exertion of a profession or of any other activity for which an
authorization is required under the law, or their exertion in conditions other than
the legal ones, if the special law stipulates that such deeds are punished
according to the criminal law, is punished by 1 month-1 year jail or fine.

84
TITLE VII

FORGERY CRIMES

CHAPTER I
COIN, STAMPS OR OTHER VALUES FORGERY

Art. 282.- Forgery of metal or paper coins/notes, public credit titles, cheques, any
payment titles, issued by the banking institution or by any other competent credit
institutions, or forgery of any titles or similar values, is punished by 3-12 years jail
and interdiction of certain rights.

The same punishment is enforced for circulating, in any way, the forged values
mentioned in the previous paragraph, or for their possession in order to circulate
them.

If the deeds stipulated in the previous paragraphs might have caused serious
damage to the financial system, the punishment is 5-15 years jail and interdiction
of certain rights; if serious damage has been caused to the financial system, the
punishment is 10-20 years jail and interdiction of certain rights.

The attempt is punished.

Art. 283. -Forgery of stamps, mail envelopes, mail cards, travel tickets,
international response notes or circulation of these forged values is punished by
6 months-5 years jail.

The attempt is punished.

Art. 284.- The provisions in this chapter are also enforced in case the crime
involves coins or stamps belonging to other states, or other foreign values

Art. 285. - Manufacturing or possession of instruments or materials with the


purpose of forging the values or titles listed in art. 282-284 are punished by 6
months-5 years jail.

CHAPTER II
FORGERY OF AUTHENTICATION OR MARKING INSTRUMENTS

Art. 286.- Forgery of a seal, a stamp or of a marking instrument used by the


institutions referred to in art. 145 is punished by 6 months - 3 years.

The attempt is punished.

85
Art. 287.- The use of forged instruments mentioned in art. 286 is punished by 3
months-3 years jail.

Illegal use of a seal or a stamp with the emblem of the country is punished by 3
months-2 years jail or fine.

CHAPTER III
FORGERY OF WRITINGS

Art. 288.- Forgery of an official writing by falsifying the handwriting or altering it


in any way that has legal consequences is punished by 3 months-3 years jail.

The forgery stipulated in the previous paragraph, committed by an employee


while exerting his service attributions, is punished by 6 months-5 years jail.

The tickets or any other printed matter that can have legal consequences are
assimilated to the writings.

Art. 289.- Forgery of an official writing while drawing it up by an employee


exerting his service attributions, by stating false facts or circumstances or by
intentional omission of data and circumstances, is punished by 6 months-5 years
jail.

The attempt is punished.

Art. 290- Forgery of a writing under private signature in one of the ways
described in art. 288, if the perpetrator uses the forged writing or gives it to
another person to use it, with legal consequences, is punished by 3 months-2
years jail or fine.

The attempt is punished.

Art. 291.- The use of an official writing or of a writing under private signature,
with legal consequences, is punished by 3 months-3 years jail when the writing is
official, and by 3 months-2 years jail when the writing is under private signature.

Art. 292 - Inappropriate stating of the truth made to a state body or institution or
to another institution among those referred to in art. 145, with legal
consequences for oneself or for another, when, according to the law or to
circumstances, the statement serves to achieve that consequence, is punished
by 3 months-2 years jail or fine.

Art. 293 - Attribution of a false identity to oneself or to another person in order to


mislead a state body or institution, or another institution among those referred to

86
in art. 145, with legal consequences for oneself or for another, is punished by 3
months-3 years jail.

The same punishment is enforced for giving for illegal use a writing serving for
proving the civil state or for identification.

Art. 294 - Illegal use of the emblem or name “Red Cross” or of an emblem or
name assimilated to it, as well as the use of any sign or name imitating such an
emblem or name, if the deed has caused material damage, are punished by 1
month-1 year jail or fine.

If the deed is committed during the war, the punishment is 1-5 years jail.

87
TITLE VIII

CRIMES RELATED TO THE REGIME ESTABLISHED FOR CERTAIN


ECONOMIC ACTIVITIES

Art. 295. - Perpetration of one of the following deeds:

a) buying, with the purpose of re-selling, industrial or agricultural products that,


according to the legal provisions, cannot be the object of private trade;

b) buying industrial or agricultural products with the purpose of processing them


in order to be re-sold, if the results of the processing process cannot be,
according to the legal provisions, the object of private trade;

c) Abrogated.

d) Abrogated.

is punished by 6 months-5 years jail.

Art. 296.- Cheating by using an inexact measuring instrument or by fraudulent


use of an exact measuring instrument is punished by 3 months-5 years jail.

The attempt is punished.

Art. 297. - Falsification or substitution of goods or other products, as well as


display for selling or actual selling of such goods, being aware that they are
falsified or substituted, are punished by 6 months-5 years jail.

If the goods or products have become, by falsification or substitution, harmful for


health, the provisions of art. 313 are also enforceable.

The attempt is punished.

Art. 298. - Revealing data or information that is not to be made public, by a


person who has come to know them as a result of his service attributions, if the
deed is likely to cause damage, is punished by 2-7 years jail.

If the deed stipulated in the previous paragraph is committed by another person,


regardless of the way by which she came to know the data or information, the
punishment is 6 months-5 years jail.

Art. 299.- Counterfeits or illegal use of the object of an invention is punished by


3 months-2 years jail or fine.

88
Art. 300 .- Circulation of counterfeits or products resulted from illegal use of the
object of an invention is punished by 3 months-3 years jail.

Art. 301. - Manufacturing or circulating products that bear false origin names or
specifications, as well as application on the circulated products of false
specification regarding the patent, or use of commercial names or names of
trade or industrial organizations, in order to mislead the beneficiaries, are
punished by 1 month-2 years jail or fine.

Art. 302. - Unauthorized issue or perpetration of any commercial acts or deeds


that, according to the legal provisions, represent import, export or transit
operations, is punished by 2-7 years jail.

Art. 302(1) - Change of destination of financial funds or resources, without


complying to the legal provisions, if the deed disturbed the economico-fianacial
activity or caused damage to a state body or institution or to another institution
among those referred to in art. 145, is punished by 6 months-5 years jail.

If the deed stipulated in paragraph one had very serious consequences, the
punishment is 5-15 years jail and interdiction of certain rights.

Art. 302(2) - Performing any import operations of waste or residues of any kind,
or other products that are dangerous for the population’s health and for the
environment, as well as their introduction, in any way, on the territory of the
country, without complying with the legal provisions, are punished by 2-7 years
jail.

If the deeds stipulated in the previous paragraph have endangered the health or
corporal integrity of a large number of persons, led to one of the consequences
shown in art. 182 or caused an important material damage, the punishment is 3-
10 years jail and interdiction of certain rights, and if they resulted in death of one
or more persons or caused serious damage to the national economy, the
punishment is 7-20 years jail and interdiction of certain rights.

The attempt is punished.

89
TITLE IX

CRIMES THAT HARM THE LIVING TOGETHER RELATIONSHIPS

CHAPTER I
CRIMES AGAINST FAMILY

Art. 303. - If a person who is already married gets married again, the punishment
is 1-5 years jail.

The unmarried person that gets married to a person whom he/she knows is
already married is punished by 6 months-3 years jail.

The deeds stipulated in the present article are not sanctioned if the first or
second marriage is declared null for another reason than bigamy.

Art. 304. - The married person who has sexual relationships outside marriage is
punished by 1-6 months jail or fine.

The criminal action is initiated at the prior complaint of the innocent spouse.

The innocent spouse may ask, at any time, the termination of the criminal
investigation or the criminal trial, and, after the decision is declared final, the
termination of the punishment execution.

Adultery can only be proved by an official report acknowledging the flagrant


crime or by letters of the guilty spouse.

The criminal investigation or trial also cease in case the spouse that filed the
complaint dies, as well as in case the marriage of the guilty spouse is annulled.

The criminal investigation cannot be initiated if the deed has been committed
with the encouragement of the spouse, or if the conjugal life had been
interrupted and the spouses lived separately.

The provisions of art. 27 are not enforceable.

Art. 305. - Perpetration by the person legally supposed to take care of someone
of one of the following deeds against the latter:

a) leaving, driving away or leaving him/her helpless, exposing him/her to physical


or moral suffering;

b) intentional, ill will failure to accomplish the maintenance duties stipulated by


the law;

90
c) ill will failure to pay, for two months, the maintenance allowance settled by the
court,

is punished, in the cases stipulated at (a) and (b), by 3 months-2 years jail or
fine, and in the case stipulated at (c), by 6 months-3 years jail.

The criminal action is initiated at the prior complaint of the victim.

Reconciliation of the parties removes the criminal responsibility.

If the parties could not achieve reconciliation, but during the trial the defendant
accomplishes his duties, the instance, in case he finds him guilty, passes a
conviction with conditional suspension of punishment execution, even is the
conditions stipulated in art. 81 are not met.

Revocation of the conditional suspense does not occur unless, during the probe
term, the convict commits again the crime of family abandonment.

Art. 306. - Serious endangerment, by measures or any kind of treatments, of the


minor’s physical, intellectual and moral development, by the parents or any
person to whom the minor has been given for upbringing and education, is
punished by 2-12 years jail.

Art. 307. - Holding by a parent of his minor child, without the consent of the other
parent or of the person to whom the minor was given according to the law, is
punished by 1-3 months jail or fine.

The same punishment is enforced for the deed of the person to whom the minor
was given for upbringing and education, who repeatedly impedes any of the
parents to have a personal relationship with the minor, under the conditions
settled by the parties or by the competent body.

The criminal action is initiated at the prior complaint of the victim.

Reconciliation between parties removes the criminal responsibility.

CHAPTER II
CRIMES AGAINST PUBLIC HEALTH

Art. 308. - Non-compliance with the measures regarding the prevention or fight
against the catching diseases, if it led to the dissemination of such a disease, is
punished by 1 month-2 years jail or fine.

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Art. 309. - Transmission of venereal diseases by sexual contact, by homosexual
relations or by perverse sexual acts, by a person who is aware of suffering from
such a disease, is punished by 1-5 years jail.

Transmission of AIDS by a person who is aware of suffering from this disease is


punished by 5-15 years jail.

The instance will decide upon the measure of obligatory medical treatment.

Art. 309(1). - Elusion from the execution of the measure of obligatory medical
treatment, in the case of venereal contamination crime, is punished by 3 months-
1 year jail or fine.

Art. 310. - Non-compliance with the measures regarding the prevention or fight
against the catching diseases in animals, plants or harmful insects, if it led to the
dissemination of such a disease or of the insects, or to other serious
consequences, is punished by 1 month-1 year jail or fine.

Art. 311.- Infecting, by any means, of sources or systems of water, if it is harmful


for the health of people, animals or plants, is punished by 1 month-1 year jail or
fine.

Art. 312. - Production, possession or any operation related to the circulation of


narcotic or toxic products or substances, cultivation for processing purposes of
plants that contain such substances or experimenting narcotic or toxic
substances, all these done illegally, are punished by 3-15 years jail and
interdiction of certain rights.

If the deed stipulated in paragraph 1 has been committed in an organized way,


the punishment is jail for life or 15-25 years jail and interdiction of certain rights.

Unnecessary prescription by the doctor of narcotic products or substances is


punished by 1-5 years jail, and organizing or allowing the consummation of such
products or substances in certain places is punished by 3-15 years jail and
interdiction of certain rights.

The attempt is punished.

Art. 313. - Preparation of foods or drinks that are falsified, altered, forbidden,
harmful for health, displaying such foods or drinks for sale, being aware that they
are falsified, altered or forbidden, are punished by 1-8 years jail.

The same punishment is enforced for falsification or substitution of goods or


products, if by being falsified or substituted, they have become harmful for
health.

92
Giving for public consummation meat or meat products coming from animals that
have not been exposed to veterinary control, is punished by 2-8 years jail if it led
to illness of a person, and by 5-15 years jail if it led to death of a person.

CHAPTER III
CRIMES REGARDING THE ASSISTANCE OF THOSE IN DANGER

Art. 314. - Leaving, driving away or not helping, in any way, a child or a person
unable to take care of herself, by those under whose guard or care they are
placed, an exposing such persons’ lives, health or corporal integrity to imminent
danger, is punished by 3 months-3 years jail.

The person who, after having committed the crime, benevolently re-starts
accomplishing his/her duties.

Art. 315- Failure to give the necessary help or to inform the authorities, by the
person who has found another person whose life, health or corporal integrity is in
danger and who is unable to save herself, is punished by 1 month-1 year jail or
fine.

Art. 316. - Failure to inform the authorities by the person who finds an
abandoned or lost person in need of help because her life, health or corporal
integrity are in danger, is punished by 1-6 months jail or fine.

CHAPTER IV
OTHER CRIMES HARMING THE LIFE TOGETHER RELATIONSHIPS

Art. 317. - Nationalist-chauvinistic propaganda, stirring the national or racial


hatred, if the deed cannot be framed as the crime stipulated in art. 166, is
punished by 6 months-5 years jail.

Art. 318. - Impeding or disturbing the free exertion of a religious cult organized
and functioning under the law, is punished by 1-6 months jail or fine.

The same punishment is enforced for forcing a person, by constraint, to


participate in the religious services of a cult or to perform a religious act related
to the exertion of a cult.

Art. 319.- Profanation, by any means, of a tomb, a monument, a funeral urn or a


body, is punished by 3 months-3 years jail.

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Art. 320.- Repeated disturbance of the use of their apartment by its inhabitants,
or impeding them to use the apartment in the normal way, is punished by 3
months-2 years jail or fine.

The criminal investigation is initiated at the prior complaint of the victim.

Reconciliation of the parties removes the criminal responsibility.

Art. 321. - The deed of the person who publicly performs acts or gestures, uses
words or expressions or has any other manifestations that are against the morals
or lead to public scandal, is punished by 3 months-2 years jail or fine.

If the deed stipulated in paragraph 1 seriously disturbs the public calm, the
punishment is 6 month-5 years jail.

Art. 322. - Participation in a fight among more persons is punished by 1-6


months jail or fine.

If during the fight a serious harm to one person’s corporal integrity or health has
occurred, the one who is responsible for it is punished for his crime, and the
maximum punishment is reduced by one year. The other participants in the fight
are punished by the punishment stipulated in paragraph 1.

In the case stipulated in paragraph 2, if the participant who committed the deeds
mentioned in that paragraph is not known, all the participants are punished by 6
months-5 years jail, when corporal integrity or health have been damaged. In
case of death, the punishment is 3-15 years jail.

The person caught in the fight against her will or tried to separate the others, to
fight back when attacked or to defend another is not punished.

Art. 323. - The deed of associating or of initiating the establishment of an


association with the purpose of committing one or more crimes, other than those
shown in art. 167, or adhering or supporting in any way such an association is
punished by 3-15 years jail, without exceeding the punishment stipulated by the
law for the crime related to the purpose of the association.

If the association was followed by perpetration of another crime, the perpetrators


of that crime are punished by the corresponding punishment for that crime, in
contest with the punishment stipulated in paragraph 1.

The persons stipulated in art. 1, who inform the authorities on the association
before it is discovered and the crime related to the purpose of the association
occurs, are not punished.

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Art. 324. - Encouraging the public orally, in writing or in any other way not to
comply with the law or to commit deeds that are considered crimes, is punished
by 3 months-3 years jail, not exceeding the punishment stipulated by the law for
the crime encouraged.

If the deed stipulated in paragraph 1 is committed by a public employee whose


position involves exerting state authority or by a person among those mentioned
in art. 160, the punishment is 1-5 years jail, not exceeding the punishment
stipulated by the law for the crime encouraged.

If the public encouragement led to perpetration of the crime encouraged, the


punishment is the one stipulated by the law for the respective crime.

Public wearing of a uniform, emblem, badge or other unauthorized distinctive


signs, with the purposes shown in paragraph 1, is punished by 3 months-3 years
jail.

The same punishment is enforced for public praise of crime perpetrators or of


their crimes.

Art. 325. - Selling or circulating, as well as manufacturing or possessing, in order


to circulate, obscene objects, drawings, writings or other such materials, is
punished by 6 months-4 years jail or fine.

Art. 326. - The deed of the person who, being able to work, repeatedly appeals
to public charity, asking for material help, is punished by 1 month-3 years jail.

Art. 327. - The deed of the person who does not have a stable home, nor any
living means, and who, although able to work, does not have a regular
occupation or profession, or does not work in order to earn a living, is punished
by 1 month-3 years jail.

Art. 328. - The deed of the person who earns a living by sexual relations with
different persons is punished by 3 months-3 years jail.

Art. 329. - Encouragement or constraint to prostitution its facilitation or making


profit out of it by a person, as well as recruitment of persons for prostitution or
traffic with persons for prostitution, are punished by 2-7 years jail and interdiction
of certain rights.

If the deed stipulated in paragraph 1 is committed against a minor or has another


serious aspect, the punishment is 3-10 years jail and interdiction of certain rights.

Money, values or any other goods that served or were destined to serve, directly
or indirectly, to the perpetration of the crime stipulated in paragraphs 1 and 2,

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and those acquired by its perpetration are confiscated, and if they are not found,
the convict is obliged to cover their equivalent in money.

The attempt is punished.

Art. 330. - Organization of or allowance of unauthorized public gamble games is


punished by 3 months-2 years jail or fine.

The same punishment is enforced for regular organization or allowance of


gamble games in a private house, in order to make material profit.

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TITLE X

CRIMES AGAINST ROMANIA’S DEFENSE CAPACITY

CHAPTER I
CRIMES COMMITTED BY MILITARIES

Section I
Crimes against the military order and discipline

Art. 331.- Unjustified absence from the unit or service, exceeding 24 hours but
not longer than 3 days, of the military, at service or concentrated, up to the rank
or sergeant (sergeant included), is punished by 3 months-1 year jail.

The punishment enforced upon the military at service is executed in a military


prison.

During wartime, unjustified absence of any military from the unit or service,
exceeding 4 hours but not longer than 24 hours, is punished by 1-5 years jail.

Art. 332. - Unjustified absence from the unit or service, exceeding 3 days, of any
military, is punished by 1-7 years jail.

During wartime, unjustified absence of any military from the unit or service,
exceeding 24 hours, is punished by 3-12 years jail.

Art. 333. - Violation of watch, escort or security rules is punished by 3 months-1


year jail.

The same punishment is enforced for leaving the command or any other post by
any military.

Violation of the order by the sentinel on duty guarding the weapons, ammunition
or explosives deposits, at the frontier or in other places of military or state
interest, or if the deed might have had serious consequences, is punished by 1-5
years jail.

The deeds above, if committed during wartime, are punished by 3-12 years jail.

Art. 334. - Refusal to execute an order connected with service duties, by military
or sub-officer, by a hired military, by two or more militaries together or in front of
the gathered troop, or if the deed has serious consequences, the punishment is
1-5 years jail.

During wartime, the punishment for the deed stipulated in paragraph 1 is 2-7
years jail, and for the deed stipulated in paragraph 2, 3-12 years jail.

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Art. 335. - Hitting one’s superior by the inferior or one’s boss by the subordinate
is punished by 3 months-2 years jail.

In case the person is hit while exerting his/her service attributions, the
punishment is 1-5 years jail.

Insulting one’s superior by the inferior or one’s boss by the subordinate is


punished by 1 month-1 year jail.

If the deeds above are committed during wartime, the maximum punishments
are increased by 2 years.

Art. 336. - Hitting one’s inferior or subordinate by the superior or by the boss is
punished by 1 month-1 year jail.

Insulting one’s inferior or subordinate by the superior or by the boss is punished


by 1-6 months jail.

The provisions of paragraphs 1 and 2 are not enforced during wartime, if the
deeds were dictated by a military necessity.

Art. 337. - The criminal action for the crimes mentioned in the present section is
initiated only when announced by the commander.

Section II
Crimes on the battlefield

Art. 338. - Submission to the enemy by the commander of the military forces that
he commands, leaving to the enemy, destruction or rendering inefficient the
means of fighting or other means necessary to wage the war, by the
commander, when this was not determined by the circumstances of the fight, are
punished by jail for life or by 15-25 years jail and interdiction of certain rights.

The attempt is punished.

Art. 339. Leaving the battlefield or refusal to act, committed during wartime, or
submission during captivity, or perpetration of other such deeds meant to serve
the enemy’s cause, is punished by jail for life or 15-25 years jail and interdiction
of certain rights.

The attempt is punished.

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Section III
Crimes specific for the air force and military marine

Art. 340. - Flying with a spaceship belonging to the Romanian state air force,
without prior authorization, as well as non-compliance with the flight regulations,
if it endangers the security of the flight or of the spaceship are punished by 3
months-2 years jail.

If the deed stipulated in the previous paragraph had serious consequences, the
punishment is 1-5 years jail, and if it caused a disaster, the punishment is 5-15
years jail and interdiction of certain rights.

Art. 341. - Leaving a military ship in case of shipwreck, by the commander,


before completing his service duties, as well as by any person who is part of the
ship crew, unless ordered by the commander, is punished by 6 months-5 years
jail.

The same deed committed during wartime is punished by jail for life or by 15-25
years jail and interdiction of certain rights.

Art. 342. - Leaving the command by the commander of a ship or of a group of


ships, in situation that could have endangered the military ship(s) or their crew, is
punished by 2-7 years jail.

In case the command was left during the battle, by the commander of a ship or a
group of military ships, the punishment is jail for life or 15-25 years jail and
interdiction of certain rights.

Art 343. - The deed committed by the commander of a military ship or of a group
of military ships who, unless stopped by an order or impeded by his special
mission, does not take the necessary measures to attack, to fight against his
enemy, to help a ship belonging to the Romanian state or to an allied state, that
is followed by the enemy or engaged in a fight, or who fails to take the measures
necessary to destroy a convoy of the enemy, or does not follow the war or trade
ships of the enemy, is punished by jail for life or 15-25 years jail and interdiction
of certain rights.

Art. 344.- Lowering the flag during the battle, in order to serve the enemy cause,
by the commander of a military ship or of a group of military ships, as well as by
any other person on board, is punished by jail for life or by 15-25 years jail and
interdiction of certain rights.

Art. 345. - The deed of the commander of a military ship or of any other person
on board, which caused, by negligence, a collision or drove the ship on land, if it
lead to a serious damage of the ship or to other serious consequences, is
punished by 6 months-3 years jail.

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In case the deed stipulated in the previous paragraph was committed
intentionally, the punishment is 5-20 years jail and interdiction of certain rights.

During wartime, the deed stipulated in paragraph 2 is punished by jail for life or
15-25 years jail and interdiction of certain rights.

Art. 346. - The attempt of the crimes stipulated in art. 340, 341, 342, 344 and
345 paragraphs 2 and 3 is punished.

Art. 347. - The provisions of art. 341-346 are enforced accordingly for military
spaceships.

CHAPTER II

CRIMES COMMITTED BY MILITARIES AND CIVILIANS

Art. 348. - The deed of the person who hurts his own corporal integrity or health,
simulates a disease or a disability, uses false writings or any other means with
the purpose of elusion from military service, is punished by 6 months-5 years jail,
and during wartime, by 3-10 years jail.

The criminal action is initiated only when the commander announces the deed.

Art. 349. - Circulation or publishing during wartime of false, exaggerated or


tendentious rumors relative to the economic and political situation of the country,
of the moral state of the population in relation with the declaration and evolution
of the war, as well as perpetration of such deeds meant to weaken the moral
resistance of the population, are punished by 5-15 years jail and interdiction of
certain rights.

Art. 350. - Robbing the dead or wounded on the battlefield of the objects that
they possess is punished by 3-10 years jail and interdiction of certain rights.

The same punishment is enforced for the deed mentioned in the previous
paragraph, when, even if not committed on the battlefield, it is the consequence
of a war situation.

Art. 351- Illegal use, during wartime and in connection with the military
operations, of the emblem or name of “Red Cross” or of those assimilated to it, is
punished by 3-7 years jail.

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Art. 352. - Unjustified refusal to provide the army forces with the goods legally
requisited, failure to accomplish such duties or failure to declare, at the census,
the requisited goods, is punished by 3 months-2 years jail.

In case the deed is committed during wartime, the punishment is 6 months-5


years jail.

CHAPTER III

CRIMES COMMITTED BY CIVILIANS

Art. 353. - Elusion from recruitment during peace is punished by 1-3 months jail
or fine. Elusion from recruitment during wartime is punished by 1-5 years jail.

Art. 354. - Failure to appear for incorporation or concentration within 3 days from
notification, and if the deadline settled for appearance is longer, failure to appear
before this deadline of the person summoned by the military authority, is
punished by 1-5 years jail.

The same punishment is enforced for the failure of those incorporated or


concentrated to present themselves to the unit where they have been sent.

During mobilization or war, as well as in case of urgent summons, expressly


provided in the summons order, the deadlines for appearance will be those
specified in the order. In case of failure to appear, the punishment is 3-10 years
jail.

The deadlines for appearance stipulated in the previous paragraphs are


extended by 10 days when the persons summoned are abroad.

Art. 355. - The criminal action for the crimes stipulated in the present chapter is
initiated only when the commander announces them.

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TITLE XI

CRIMES AGAINST PEACE AND MANKIND

Art. 356.- Propaganda for war, circulation of tendentious or invented news, or


any other manifestations favoring the start of a war, done verbally, in writing, at
the radio, TV, cinema or by other such means, are punished by 5-15 years jail
and interdiction of certain rights.

Art. 357. - Perpetration, with the purpose of destroying, wholly or in part, a


collectivity or a national, ethnic, racial or religious group, of one of the following
deeds:

a) killing the members of the collectivity or group;

b) seriously harming the physical or mental integrity of the members of the


collectivity or group;

c) subjecting the collectivity or group to life conditions or treatment meant to lead


to physical destruction;

d) taking measures in order to impede births within the collectivity or group;

e) forced transfer of children belonging to the collectivity or group into another


collectivity or group,

is punished by jail for life or 15-25 years jail and interdiction of certain rights.

If the deed is committed during war, the punishment is jail for life.

Prior understanding in order to commit the crime of genocide is punished by 5-20


years jail and interdiction of certain rights.

Art. 358. - Inhuman treatment of wounded or sick, of the members of the civil
sanitary staff, of the Red Cross or the organizations assimilated to it, of the
shipwrecked, the war prisoners and, generally, of any person whose power is
inferior to that of his enemy, or subjecting them to medical or scientific
experiments that are not justified by a medical cure in their interest, are punished
by 5-20 years jail and interdiction of certain rights.

The same punishment is enforced for the perpetration against the persons
mentioned in the previous paragraphs of one of the following deeds:

a) constraint to serve in the army forces of the enemy;

b) taking prisoners;

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c) deportation;

d) dislocation or privation of freedom without a legal reason;

e) conviction or execution without a prior trial performed by a legally constituted


tribunal, which would have tried in accordance with the fundamental judicial
guarantees stipulated by the law.

Torture, mutilation or extermination of those listed in paragraph 1 is punished by


jail for life or 15-25 years jail and interdiction of certain rights.

If the deeds stipulated in the present article are committed during wartime, the
punishment is jail for life.

Art. 359 - Whole or partial destruction of:

a) the buildings, any other constructions or ships that serve as hospitals;

b) any means of transport belonging to a sanitary or Red Cross service, or to the


organizations assimilated to it, serving to transport the wounded, the sick, the
sanitary, Red Cross or other assimilated organizations’ materials;

c) the sanitary materials stores,

if all these bear the appropriate distinctive signs, is punished by 5-20 years jail
and interdiction of certain rights.

The same punishment is enforced for appropriation, in any way, unless justified
by a military necessity and committed on a big scale, of the means or materials
destined to help or care of the wounded or sick under the power of the enemy.

The same punishment is enforced for whole or partial destruction, or


appropriation in any way, unless justified by a military necessity, and committed
on a big scale, of any other goods.

Art. 360. - Any form of destruction, unless dictated by military necessity, of


monuments or constructions of artistic, historic or archaeological value, of
museums, big libraries, archives of historic or scientific value, works of art,
manuscripts, valuable books, scientific collections or important book collections,
archives, or reproductions of the above mentioned things and, in general, of any
cultural values of nations, is punished by 5-20 years jail and interdiction of
certain rights.

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The same punishment is enforced for robbing or appropriation in any way of one
of the cultural values listed in the present chapter, on the territories under military
occupation.

Art. 361 - The attempt to the crimes mentioned in the present title is punished.

Hiding or favoring the crimes mentioned in this title are punished by 3-10 years
jail.
Hiding or favoring by the spouse or a close relative of the crimes mentioned in
art. 357 and 358 paragraph 3 and 4 are punished. The limits of the punishment
stipulated in paragraph one are reduced by half, and, for the other crimes, they
are not punished.

FINAL PROVISIONS

Art. 362.- The provisions of the general part of this code are also enforced for
the deeds criminally sanctioned by special laws, if the law does not stipulate
otherwise.
Art. 363. .- The present code is valid from the 1-st of January 1969.

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