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Law #286 of 17 July 2009 of the Criminal Code
Text shall be in force as of 12 November 2012 |1|
This text was updated on the basis of the amending acts that were published in the Official Journal
of Romania, Part I, until 12 November 2012.
Main Text
#B: Law #286/2009
Amending Acts
#M1: Law #27/2012
#M2: Law #63/2012
#M3: Law #187/2012
The amendments and supplements brought by the regulator acts mentioned above are written in
italics. Each amendment or supplement carries an indication before it that defines the regulatory
act that brought that amendment or supplement, in the format #M1, #M2, etc.
#B
CONTENTS
of the Law #286/2009 of the Criminal Code
GENERAL PART
Title I - Criminal law and its applicability Art. 1 - 14
Chapter I - General Principles Art. 1 - 2
Chapter II - Applicability of Criminal Law Art. 3 - 14
Section 1 - Applicability of Criminal Law in time Art. 3 - 7
Section 2 - Applicability of Criminal Law in space Art. 8 - 14
Title II - Offense Art. 15 - 52
Chapter I - General stipulations Art. 15 - 17
Chapter II - Justifying causes Art. 18 - 22
Chapter III - Causes of non-imputability Art. 23 - 31
Chapter IV - Attempt Art. 32 - 34
Chapter V - Unity and plurality of offending Art. 35 - 45
Chapter VI - Author and Participants Art. 46 - 52
Title III - Penalty Art. 53 - 106
Title IV - Security measures Art. 107 -
112
Chapter I - General stipulations Art. 107 - 108
Chapter II - Regime of security measures Art. 109 - 112
Title V - Underage offenders Art. 113 - 134
Chapter I - Rules on criminal liability of an underage offender Art. 113 - 116
Chapter II - Rules on non-custodial educational measures Art. 117 - 123
Chapter III - Rules on custodial educational measures Art. 124 - 127
Chapter IV - Common stipulations Art. 128 - 134
Title VI - Criminal liability of a legal entity Art. 135 - 151
Chapter I - General stipulations Art. 135 - 137
Chapter II - Rules of ancillary penalties applied to legal entities Art. 138 - 145
Chapter III - Common stipulations Art. 146 - 151
Title VII - Causes that remove criminal liability Art. 152 - 159
Title VIII - Causes that remove or change service of penalty Art. 160 - 164
Title IX - Causes that remove consequences from conviction Art. 165 - 171
Title X - Definition of terms or phrases in Criminal Law Art. 172 -
187
SPECIAL PART
Title I - Offense against the person Art. 188 - 227
Chapter I - Offenses against life Art. 188 - 192
Chapter II - Offenses against bodily integrity or health Art. 193 - 198
Chapter III - Offenses against a family member Art. 199 - 200
Chapter IV - Assault on a fetus Art. 201 - 202
Chapter V - Violations of the obligation to assist persons in danger Art. 203 - 204
Chapter VI - Offenses against individual freedom Art. 205 - 208
Chapter VII - Trafficking in, and exploitation of vulnerable persons Art. 209 - 217
Chapter VIII - Offenses against sexual freedom and integrity Art. 218 - 223
Chapter IX - Offenses against home and private life Art. 224 - 227
Title II - Offenses against property Art. 228 - 256
Chapter I - Theft Art. 228 - 232
Chapter II - Robbery and piracy Art. 233 - 237
Chapter III - Offenses against property by breach of trust Art. 238 - 248
Chapter IV - Fraud committed using computer systems and electronic
payment methods Art. 249 - 252
Chapter V - Destruction and disturbance of possession Art. 253 - 256
Title III - Offenses against state authority and state borders Art. 257 - 265
Chapter I - Offenses against authority Art. 257 - 261
Chapter II - Offenses against state borders Art. 262 - 265
Title IV - Obstruction of justice Art. 266 - 288
Title V - Corruption and offenses in public position Art. 289 - 309
Chapter I - Corruption Art. 289 - 294
Chapter II - Offenses in public position Art. 295 - 309
Title VI - Counterfeiting Art. 310 - 328
Chapter I - Counterfeiting of currency, stamps or securities Art. 310 - 316
Chapter II - Counterfeiting of authentication or marking instruments Art. 317 - 319
Chapter III - Counterfeiting documents Art. 320 - 328
Title VII - Offenses against public security Art. 329 - 366
Chapter I - Offenses against railway traffic security Art. 329 - 333
Chapter II - Offenses against public roads safety Art. 334 - 341
Chapter III - Violation of rules for the control of weapons, ammunition,
nuclear material and explosives Art. 342 - 347
Chapter IV - Violation of rules established for activities regulated by law Art. 348 - 351
Chapter V - Offenses against public health Art. 352 - 359
Chapter VI - Offenses against security and integrity of computer systems
and data Art. 360 - 366
Title VIII - Offenses that harm social relationships Art. 367 - 384
Chapter I - Offenses against public order and peace Art. 367 - 375
Chapter II - Offenses against family Art. 376 - 380
Chapter III - Offenses against freedom of religion and respect owed to
the deceased Art. 381 - 384
Title IX - Election offenses Art. 385 - 393
Title X - Offenses against national security Art. 394 - 412
Title XI - Crimes against the fighting capacity of the armed forces Art. 413 - 437
Chapter I - Offenses committed by the military Art. 413 - 431
Chapter II - Offenses committed by military and civilian personnel Art. 432 - 437
Title XII - Crimes of genocide, crimes against humanity and war crimes Art. 438 - 445
Chapter I - Crimes of genocide and crimes against humanity Art. 438 - 439
Chapter II - War crimes Art. 440 - 445
Title XIII - Final stipulations Art. 446
Law of the Criminal Code
The Parliament of Romania adopts this Law.
GENERAL PART
TITLE I
Criminal law and its applicability
CHAPTER I
General Principles
Art. 1
Lawfulness of criminalization
(1) Criminal law stipulates the actions that constitute offenses.
(2) No person can have criminal liability for an action that was not covered by criminal law at the
date of its commission.
Art. 2
Lawfulness of criminal penalty
(1) Criminal law establishes applicable penalties and educational measures that can be ruled against
persons who committed offenses, as well as security measures that can be ruled against persons who
committed actions covered by criminal law.
(2) No penalty, educational or security measure can be ruled that was not stipulated in criminal law
at the date when the violation was committed.
(3) No penalty can be ruled and enforced outside the law's general limits.
CHAPTER II
Applicability of criminal law
SECTION 1
Applicability of criminal law in time
Art. 3
Activeness of criminal law
Criminal law shall be applicable to offenses committed when it is in force.
Art. 4 |2|
Applicability of the law in decriminalization
Criminal law does not apply to actions committed under the applicability of the previous law, if such
actions are no longer included in the new law. In such case, the serving of sentences, the educational
and security measures ruled on under the previous law, as well as all criminal consequences of court
judgments concerning those actions, shall cease once the new law comes into force.
Art. 5
Use of the more favorable criminal law until final judgment in a case
(1) In case one or several criminal acts have been enacted between the time the violation was
committed and the final judgment in a case, the more favorable stipulation shall apply.
(2) Paragraph (1) above shall also apply to pieces of regulation or stipulations therein that are
declared unconstitutional, as well as to Emergency Orders approved by Parliament, amended or
supplemented, or rejected by Parliament, if while such texts were in force they included criminal
stipulations that were more favorable.
Art. 6
Use of the more favorable criminal law after final judgment in a case
(1) Whenever, between the time of the final judgment in a criminal case and the time the sentence
is fully served, a law is enacted that stipulates a lighter penalty, the original sentencing shall be
reduced to the special maximum of the new sentencing if the previous one exceeded that special
maximum.
(2) Whenever, between the time of the final judgment in a criminal case where the sentencing was
life imprisonment and the time the sentence is fully served, a law is enacted that stipulates regular
imprisonment for the same violation, life imprisonment shall be replaced by the maximum duration
of imprisonment stipulated by the new law.
(3) If a new law replaces a sentencing of imprisonment by a fine, such sentencing shall indeed be
replaced by a fine, without it being possible to go beyond the special maximum stipulated in the new
law. Payment of the fine can be removed in part or in whole after calculation of the time already
served in prison.
(4) Educational measures that have not yet been served and are not stipulated in the new law shall
no longer be served; those that do have a correspondent in the new law shall be served according
to the contents and within the limits established by the new law, if the latter is more favorable.
(5) Whenever the new law is more favorable as under paragraphs (1) - (4) above, ancillary penalties
and security measures that have not yet been served and are not stipulated by the new law shall no
longer be served; those that do have a correspondent in the new law shall be served according to the
contents and within the limits established by the new law.
(6) If the new law is only more favorable in terms of ancillary sentencing or security measures, such
shall be served according to the contents and within the limits established by the new law.
(7) When a stipulation in the new law speaks of definitive sentencing that has been enforced, the
reduced or replaced penalty according to paragraphs (1) - (6) above shall be observed as regards the
sentencing already served until the date the new law came in force.
Art. 7
Applicability of temporary criminal law
(1) Temporary criminal law shall apply to the offense that was committed while it was in force, even
if the violation was not prosecuted or tried in that time interval.
(2) Temporary criminal law is such criminal law that stipulates the date it stops being applicable or
whose applicability is restricted by the temporary nature of the situation that required it being
passed.
SECTION 2
Applicability of criminal law in space
Art. 8
Territoriality of criminal law
(1) Romanian criminal law applies to offenses committed on the territory of Romania.
(2) The territory of Romania is defined as the expanse of land, the territorial sea waters and inland
waters, complete with the soil, sub-soil and airspace located inside the national borders.
(3) An offense committed on the territory of Romania is defined as any offense committed on the
territory defined at par. (2) or on a ship sailing under Romanian pavilion or on an aircraft registered
in Romania.
(4) The offense is also considered as having been committed on the territory of Romania when on
that territory or on a ship sailing under Romanian pavilion or on an aircraft registered in Romania
an action was committed with a view to perform, instigate or aid in the offense, or the results of the
offense have been manifest, even if only in part.
ART. 9
Legal standing under criminal law
(1) Romanian criminal law applies to offenses committed outside Romanian territory by a Romanian
citizen or a Romanian legal entity if the sentencing stipulated by Romanian law is life imprisonment
or a term of imprisonment longer than 10 years.
(2) In the other cases Romanian criminal law applies to offenses committed outside Romanian
territory by a Romanian citizen or a Romanian legal entity if the act is also criminalized by the
criminal law of the country where it was committed or if it was committed in a location that is not
subject to any State's jurisdiction.
#M3
(3) A criminal investigation can start on receiving authorization from the Chief Prosecutor of the
Prosecutor's Office attached to the Court of Appeals in whose jurisdiction the first Prosecutor's
Office is located that received information about the violation, or, as the case may be, from the
Prosecutor General of the Prosecutor's Office attached to the High Court of Review and Justice.
A prosecutor is entitled to issue such authorization within 30 days of receiving the application for
authorization; such deadline can be extended, under the law, but for no more than a total of 180
days.
#B
Art. 10
Reality of criminal law
(1) Romanian criminal law applies to offenses committed outside Romanian territory by a foreign
citizen or a stateless person against the Romanian State, against a Romanian citizen or against a
Romanian legal entity.
(2) A criminal investigation can start on receiving authorization from the Prosecutor General of the
Prosecutor's Office attached to the High Court of Review and Justice, and only if the violation is
not the object of judicial procedures that are already ongoing in the State on whose territory it was
committed.
Art. 11 |3|
Universality of criminal law
(1) Romanian criminal law also applies to other violations than those stipulated at Art. 10,
committed outside Romanian territory by a foreign citizen or a stateless person who is located
voluntarily on Romanian territory, in the following cases:
a) an offense was committed that the Romanian State has undertaken to repress on the basis
of an international treaty, irrespective of whether it is stipulated by the criminal law of the State on
whose territory it was committed;
b) extradition or surrender of the offender has been requested and denied.
(2) The stipulations of par. (1) lett. b) do not apply when, under the law of the state on whose
territory the violation was committed, there is a cause to prevent the start of criminal action or the
continuing of the criminal trial or the serving of the sentence or when the sentence has been served
or when the sentence is considered as having been served.
(3) When the sentence has not been served or has only been served in part, the applicable procedure
is that of the law on the recognition of foreign judgments.
Art. 12
Criminal law and the international treaties
The stipulations of Art. 8 - 11 shall apply unless otherwise required under an international treaty
Romania is a party to.
Art. 13
Jurisdiction immunity
Criminal law does not apply to offenses committed by diplomatic representatives of foreign States
or other persons who, under international treaties, are not subject to the criminal jurisdiction of the
Romanian State.
Art. 14
Extradition
(1) Extradition can be granted or requested on the basis of an international treaty Romania is a party
to, or on a mutual basis, under the law.
(2) Surrender or extradition of an individual in relation to European Union Member States shall be
granted or requested under the law.
(3) Surrender of an individual to an international criminal court shall be granted as under the law.
TITLE II
Offense
CHAPTER I
General stipulations
Art. 15
Main features of an offense
(1) An offense is an action stipulated by criminal law that has been committed under guilt, without
justification and for the commission of which a person can be charged.
(2) An offense is the only basis for criminal liability.
Art. 16
Guilt
(1) An action only constitutes an offense if committed under the form of guilt required by criminal
law.
(2) Guilt exists when an action is committed with direct intent, with basic intent or oblique intent.
(3) An action is committed with intent when the perpetrator:
a) can foresee the outcome of their actions, in the expectation of causing such outcome by
perpetrating the act;
b) can foresee the outcome of their actions and, while not intending to produce it,
nevertheless accepts the likelihood that it will occur.
(4) An action is committed with basic intent when the perpetrator:
a) can foresee the outcome of their actions but does not accept it, believing without reason
that such outcome will not occur;
b) cannot foresee the outcome of their actions, though they should and could have done so.
(5) Oblique intent exists when an act, consisting of an intentional action or inaction, causes
unintended more serious consequences and is attributable to the perpetrator.
(6) The act consisting of an action or inaction shall constitute an offense when committed with direct
intent. The act committed with basic intent constituted an offense only when the law specifically
establishes it as such.
Art. 17
Violation committed by omission
A committed offense that involves the causing of an outcome is also considered as having been
committed by omission, when:
a) there exists a legal or contract obligation to take action;
b) the author of the omission, through previous action or inaction, created a state of threat
for the protected social value, which facilitated the occurrence of the outcome.
CHAPTER II
Justifying causes
Art. 18
General stipulations
(1) An act stipulated by criminal law shall not constitute an offense if one of the justifying causes
stipulated by law applies.
(2) The effects of justifying causes extend to the other participants in the act.
Art. 19
Legitimate defense
(1) An act stipulated by criminal law is justified when committed in legitimate defense.
(2) A person is in legitimate defense when committing an act to remove a material direct, immediate
and unjust attack that endangers their own person, or another person, their rights or a general
interest, if the defense is proportional with the seriousness of the attack.
(3) A person is presumed to have been in legitimate defense as defined by par. (2) when they
committed an act so as to repel an individual having entered a domicile, room, annex or enclosed
structure appertaining to such domicile, without any right to do so, by violence, deception, breaking
in, or other such unlawful procedure, or during the night.
Art. 20
State of necessity
(1) An act stipulated by criminal law is justified when committed in a state of necessity.
(2) A person is deemed to be in a state of necessity when they commit an act in order to save life,
bodily integrity or health of their own person or another's from an immediate threat which cannot
be removed otherwise; the same applies for saving an important asset of their own or another
person's or a general interest. This principle applies if the consequences of the act are not clearly
more serious than those that would have occurred in case the threat was not removed.
Art. 21
Exercising a right or meeting an obligation
(1) An act stipulated by criminal law is justified when committed in the exercise of a right granted
by law or of an obligation mandated by law, in compliance with the conditions and limitations
stipulated by law.
(2) An act stipulated by criminal law is justified when committed in complying with an obligation
mandated by a jurisdictional authority, in the form stipulated by law, if the act is not visibly illegal.
Art. 22
Consent of the victim
(1) An act stipulated by criminal law is justified when committed based on consent of the victim,
if said victim had legal authority over the injured or threatened social value.
(2) Consent by the victim does not apply in case of crimes against life, and in case the law excludes
this avenue of justification.
CHAPTER III
Causes of non-imputability
Art. 23
General stipulations
(1) An act stipulated by criminal law does not constitute an offense when committed in the
conditions of one of the causes of non-imputability.
(2) The effect of causes of non-imputability does not extend to participants in the act, except for
fortuitous participants.
Art. 24
Physical constraint
An act stipulated by criminal law does not carry imputability when committed as a result of physical
constraint which the perpetrator was unable to withstand.
Art. 25
Moral constraint
An act stipulated by criminal law does not carry imputability when committed as a result of moral
constraint, exercised by threatening grave danger of the person of the perpetrator or another person
and which cannot be removed in any other way.
Art. 26
Non-accountable Excessiveness
(1) An act stipulated by criminal law does not carry imputability when committed by a person in
legitimate defense who exceeded, because of psychological turmoil or fear, the limits of defense
proportional with the seriousness of the attack.
(2) An act stipulated by criminal law does not carry imputability when committed by a person in a
state of necessity, who at the moment of committing the act did not realize they were causing
consequences that were clearly more serious than those that would have occurred had the threat not
been removed.
Art. 27
Underage perpetrator
An act stipulated by criminal law does not carry imputability when committed by an underage
person, who at the date of commission of the act did not meet the legal requirements for criminal
liability.
Art. 28
Mental incompetence
An act stipulated by criminal law does not carry imputability when committed by a person who, at
the time of commission of the act, was unable to understand their actions or inactions or to control
them, either because of a mental condition or because of other reasons.
Art. 29
Intoxication
An act stipulated by criminal law does not carry imputability when committed by a person who, at
the time of commission of the act, was unable to understand their actions or inactions or to control
them, because of involuntary intoxication with alcohol or other psychoactive substances.
Art. 30
Error
(1) An act stipulated by criminal law does not constitute an offense when committed by a person
who, at the time of commission of the act, was unaware of the existence of a state, situation or
circumstance that determines the criminal nature of the act.
(2) The stipulations of par. (1) also apply to acts committed with basic intent that are punishable
under criminal law, but only if ignorance of the state, situation or circumstance is not itself the result
of basic intent.
(3) The state, situation or circumstance the perpetrator was unaware of at the moment of commission
of the act shall not constitute an aggravating circumstance or aggravating circumstantial element.
(4) The stipulations of par. (1) - (3) shall apply accordingly to the case of ignorance of a legal
stipulation outside the scope of criminal law.
(5) An act stipulated by criminal law does not carry imputability when committed as a result of
ignorance or erroneous knowledge of its illegal character owing to a circumstance that could not
have been avoided in any way.
Art. 31
Fortuitous case
An act stipulated by criminal law does not carry imputability when its result is a consequence of a
circumstance that could not have been foreseen.
CHAPTER IV
Attempt
Art. 32
Attempt
(1) An attempt means acting on the intent to commit an offense, where the consummation of the act
was interrupted or failed to cause its effect.
(2) "Attempt" does not exist when the impossibility to consummate the offense was the result of the
way in which consummation was designed.
Art. 33
Penalty for attempt
(1) Attempt shall be punishable only when the law specifies it.
(2) Attempt shall be punishable by half the penalty specified by law for the consummated offense.
When the law specifies life imprisonment for the consummated offense, and the court is inclined
to rule towards that sentencing, attempt shall be punishable by no less than 10 and no more than 20
years of imprisonment.
Art. 34
Withdrawal and precluding consummation of offense
(1) A perpetrator shall not be punishable if, before the offense was identified by the authorities, they
withdrew from the criminal activity or reported the criminal activity to the authorities so that
consummation might be precluded, or by themselves precluded the consummation of the offense.
(2) If the acts committed until withdrawal or precluding of consummation constitute another offense,
the latter shall be punishable.
CHAPTER V
Unity and plurality of offending
Art. 35 |4|
Unity of a continuing offense and of a complex offense
(1) An offense is said to be continuing when a person commits, at various time intervals but for the
realization of the same resolution and against the same passive subject, actions or inactions each
having the content of the same offense.
(2) An offense is complex when its contents include, as a constitutive element or as an aggravating
circumstantial element, an action or an inaction that is in itself an act stipulated by criminal law.
Art. 36
Penalty for the continuing offense and for the complex offense
(1) The penalty provided by law for the offense committed applies for the continuing offense, to
which a maximum increase of 3 years can be added up for imprisonment, respectively at least a third
in case of fines.
(2) Complex violations are sanctioned with the penalty provided by the law for that offense.
(3) Complex violations committed intentionally, if only the more serious outcome of the secondary
activity has occurred, are sanctioned with the penalty provided by the law for the committed
complex offense.
Art. 37
Recalculation of the penalty for continuing or complex violations
If an offender who received a final conviction for a continuing or complex offense is subsequently
tried also for other actions or inactions included in the contents of the same offense, taking into
account the offense committed as a whole, an appropriate penalty is established, and it cannot be
shorter than the one previously handed down.
Art. 38
Multiple offenses
(1) There exist multiple violations when two or several violations have been committed by the same
person, via various actions or inactions, before receiving a final conviction for any of them. There
also exist actual multiple violations when one of those has been committed in order to commit or
conceal another offense.
(2) There exist formal multiple violations when an action or inaction committed by a person,
because of the circumstances under which it occurred and because of the consequences it produced,
contains the elements of several violations.
Art. 39
Main penalty for multiple offenses
(1) In case of multiple offenses, the penalty for each offense is established separately and the penalty
is applied as follows:
a) when a penalty of life imprisonment and one or more penalties of imprisonment or fine have been
established, the penalty of life imprisonment shall be applied;
b) when only penalties of imprisonment have been established, the heaviest penalty shall be applied,
which can be increased by one-third of the total of all the other penalties handed down;
c) when only fines have been established, the heaviest penalty shall be applied, which can be
increased by one-third of the total of all the other penalties handed down;
d) when a penalty of imprisonment and a penalty of fine have been established, the penalty of
imprisonment shall be applied, to which the full fine can be added;
e) when several penalties of imprisonment and several penalties of fine have been established, the
penalty of imprisonment shall be applied, according to letter b), to which the full fine can be added,
according to letter c).
(2) When several penalties of imprisonment have been established, if, by adding to the heaviest
penalty a third of the total of all other penalties of imprisonment, and for at least one of the multiple
offenses the penalty provided by law is 20 years or more, the penalty of life imprisonment can be
applied.
Art. 40
Merger of penalties for multiple offenses
(1) If an offender that has been handed a final sentence is subsequently tried for one of the multiple
offenses, Art. 39 shall apply.
(2) Art. 39 shall also apply in the case where, after a conviction judgment has remained final, it is
found that the convicted individual had previously been convicted for one of the multiple offenses.
(3) If the offender has served their penalty as previously sentenced, in full or in part, the portion that
has been served shall be deducted from the length of sentencing for the multiple offenses.
(4) Stipulations concerning sentencing in case of multiple offenses also apply to the case where life
imprisonment was subject to commutation or replacement by simple imprisonment.
(5) In case of a merger of penalties as under paragraphs (1) - (4) consideration shall also be given
to penalties enforced through a conviction that was returned abroad, for one of the multiple offenses,
if the conviction is recognized under the law.
Art. 41
Repeat offense
(1) A repeat offense exists when, after a conviction and sentence of more than one year of
imprisonment remains final, and before rehabilitation or completion of sentenced term, the
convicted individual commits another violation with direct intent or oblique intent, for which the
law mandates a term of more than one year of imprisonment.
(2) A repeat offense also exists in case one of the penalties under par. (1) is life imprisonment.
(3) To establish the existence of a repeat offense, consideration shall also be given to a conviction
judgment returned in another country, for a violation that is also included in Romanian criminal law,
if that conviction has been recognized under the law.
Art. 42
Convictions that do not cause existence of repeat offense
In establishing the existence of repeat offense consideration shall not be given to convictions for:
a) acts that are no longer stipulated in criminal law;
b) violations that have been pardoned;
c) violations committed with basic intent.
Art. 43
Penalties for repeat offense
(1) If, before the previous sentence has been fully served or deemed as served, a new offense is
committed and constitutes a repeat offense, the penalty attributed to it shall be added to the time of
the previous sentence or the time not yet served from the previous sentence.
(2) If, before the previous sentence has been fully served or deemed as served, multiple offenses are
committed, at least one of which is a repeat offense, penalties shall be merged as under the
stipulations concerning multiple offenses and the resulting sentence shall be added to the time of the
previous sentence or the time not yet served from the previous sentence.
(3) If the addition of sentences as under paragraphs (1) and (2) results in more than 10 years over
the maximum imprisonment penalty allowed, and for at least one of the violations committed the
penalty under the law is no less than 20 years, the terms of imprisonment can be replaced by life
imprisonment.
(4) If the previous penalty or the penalty set for the violation committed as a repeat offense is life
imprisonment, the sentence to be served is life imprisonment.
(5) If, after the previous sentence has been fully served or deemed as served, a new violation is
committed as a repeat offense, the special thresholds for the penalty under the law for the new
violation shall be increased by half.
(6) If, after the conviction for the new violation has remained final and before the previous sentence
has been fully served or deemed as served, the convicted person is found to be in a state of repeat
offense, the court shall use the stipulations in paragraphs (1) - (5).
(7) Paragraph (6) also applies in the case where life imprisonment has been subject to commutation
or replacement by simple imprisonment.
Art. 44
Intermediate plurality
(1) Intermediate multiple offenses exists when after a conviction remains final and before the date
the sentence has been fully served or deemed as served, the convicted person commits a new
violation and the legal conditions are not met for the state of repeat offense to be declared.
(2) In case of intermediate plurality the penalty for the new violation and the one for the previous
violation shall be merged according to the stipulations applicable to multiple offenses.
Art. 45
Ancillary penalties, additional penalties, and security measures in case of multiple offenses
(1) If one of the committed violations carries a ancillary penalty, such penalty shall be awarded
alongside the main penalty.
(2) When several ancillary penalties are established that have different natures, or even the same
nature but a differing content, they shall be awarded alongside the main penalty.
(3) When several ancillary penalties are established that have the same nature and the same content:
a) in case of multiple violations or intermediate plurality the harshest of them shall apply;
b) in case of repeat offense, the part of the previous ancillary penalty that has not yet been
served shall be added to the penalty for the new violation.
(4) In case of successive convictions for multiple offenses the part of the previous ancillary penalty
that has been served until the date of merger of the main penalties shall be deducted from the length
of the ancillary penalty awarded alongside the resulting penalty.
(5) If one or more additional penalties have been awarded alongside the main penalties, the
stipulations of paragraphs (1) - (3) shall apply, and the resulting additional penalty shall be served
until such date when the main penalty has been served or deemed to have been served.
(6) Security measures of differing nature or even of the same nature but with differing content, for
the committed violations, shall be merged.
(7) If several security measures have been awarded that are of the same nature and the same content
but for differing lengths of time, the longest of the security measures shall apply. Security measures
awarded under Art. 112 shall be merged.
CHAPTER VI
Author and participants
Art. 46
Author and co-authors
(1) An author is the person who personally commits an act stipulated by criminal law.
(2) Co-authors are persons who personally commit the same act stipulated by criminal law.
Art. 47
Instigator
An instigator is a person who, with direct intent, determines another to commit an act stipulated by
criminal law.
Art. 48
The accomplice
(1) The accomplice is the person who deliberately facilitates or helps in any way with the
commission of an act stipulated by criminal law.
(2) The accomplice is also the person who promises, before or during the commission of the act, that
they will conceal the assets originating from it or that they will favor the perpetrator, even if, after
the commission of the act, the promise is not fulfilled.
Art. 49
Penalty in case of participants
The coauthor, the instigator and the accomplice to a deliberately performed crime is punished with
the penalty stipulated by law for the author of the act. When the penalty is established, the
contribution of each person to the commission of the act shall be taken into account, as well as the
stipulations stipulated in art. 74.
Art. 50
Personal and real circumstances
(1) The circumstances related to the author or to a participant do not reflect on the others.
(2) The circumstances concerning the act reflect on the author and on the participants only if they
knew or anticipated those circumstances.
Art. 51
Preventing the commission of a crime
(1) The participant shall not be punishable if, before the act is discovered, they denounce the
commission of the crime, so that the consummation of it can be prevented, or if they prevent the
consummation of the respective crime.
(2) If the acts performed until the denouncement or the prevention constitute another crime, the
participant shall receive the penalty corresponding to the respective crime.
Art. 52
Improper participation
(1) The direct, deliberate commission by a person of an act stipulated by criminal law, to which,
with basic intent or without guilt, another person contributes with acts of service, is punishable by
the penalty stipulated by the law for the act committed with direct intent.
(2) The determining, facilitating or helping in any way, with intent, in the commission by another
person with basic intent of an act stipulated by criminal law is punishable by the penalty stipulated
by the law for the act committed with direct intent.
(3) The determining, facilitating or helping in any way, with intent, in the commission by another
person who performs that act without guilt, is punishable by the penalty stipulated by the law for
the respective crime.
(4) The stipulations in art. 50 and art. 51 shall apply accordingly.
TITLE III |5|
Penalty
CHAPTER I
Categories of penalties
Art. 53
Main penalties
The main penalties are:
a) life imprisonment;
b) imprisonment;
c) fine.
Art. 54 |6|
Additional penalty
An additional penalty consists of a ban on the exercise of certain rights, as of the moment a
conviction remains final and until the date the sentence of imprisonment has been fully served or
deemed as served.
ART. 55 |7|
Ancillary penalties
The ancillary penalties are:
a) ban on the exercise of certain rights;
b) military demotion;
c) publication of judgment to convict.
CHAPTER II
Main penalties
SECTION 1
Life imprisonment
Art. 56
Serving a life imprisonment sentence
Life imprisonment consists of deprivation of freedom for an indeterminate duration of time and shall
be served according to the Law on the Service of Penalties.
Art. 57
Life imprisonment exception
If, at the date when the judgment to convict is returned, the defendant has turned 65 years of age,
the sentence of life imprisonment shall be replaced by a prison term of 30 years and a ban on the
exercise of certain rights for the maximum duration of the prison sentence.
Art. 58
Replacement for life imprisonment
In case the defendant sentenced to life imprisonment turns 65 years of age during the serving of that
sentence, life imprisonment can be replaced by a term of 30 years of imprisonment and a ban on the
exercise of certain rights for the maximum duration of the prison sentence, if they had good behavior
throughout serving their sentence until that point, were in full compliance with all their civil
obligations as ruled in the judgment to convict them (except for the case when proof is brought that
they had no avenue to comply) and they made constant and visible progress towards social
reintegration.
Art. 59
Calculation of penalty when life imprisonment is subject to commutation or replacement
When life imprisonment is subject to commutation or replacement by a regular prison sentence, the
time already served in prison shall be deemed as prison sentence already served.
SECTION 2
Prison sentences
Art. 60
Serving a prison sentence
A prison sentence consists of deprivation of freedom for a determined length of time, comprised
between 15 days and 30 years, and shall be served according to the Law on the Service of Penalties.
SECTION 3
Fines
ART. 61 |8|
Establishing the amount of fine
(1) A fine consists of the amount of money a convicted individual is compelled to pay to the State.
(2) The amount of the fine shall be established in the system of fine-days. The amount for one fine-day ranges from 10 RON and 500 RON, and will be multiplied by the number of fine-days, which
ranges from 30 and 400.
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(3) A court shall establish the number of fine-days according to the general criteria for
customization of sentencing. The amount that corresponds to one fine-day shall be calculated on the
basis of the financial status of the convicted defendant and their legal obligations towards persons
they are supporting.
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(4) The special thresholds for fine-days range between:
a) 60 to 180 fine-days, when the law stipulates only a penalty by fine for that offense;
b) 120 to 240 fine-days, when the law stipulates a penalty by fine alternatively for a term of
imprisonment of no more than 2 years;
c) 180 to 300 fine-days, when the law stipulates a penalty by fine alternatively for a term of
imprisonment of more than 2 years.
(5) If the committed offense was intended to provide a material gain, and the penalty stipulated by
law is only a fine or the court chooses to only sentence to that penalty, the special thresholds for
fine-days can be increased by one-third.
(6) Increments established by law for mitigating or aggravating circumstances shall apply to the
special thresholds for fine-days stipulated at par. (4) and par. (5).
Art. 62 |9|
Penalty by fine that accompanies a penalty by imprisonment
(1) If the committed offense was intended to provide a material gain, the penalty by imprisonment
can be accompanied by a penalty by fine.
(2) The special thresholds for fine-days stipulated at Art. 61 par. (4) lett. b) and lett. c) shall be
calculated on the basis of the length of the term of imprisonment awarded by the court and cannot
be reduced or increased as an effect of mitigating or aggravating causes.
(3) In establishing the amount of one fine-day consideration shall be given to the amount of material
gain that was obtained or desired.
Art. 63 |10|
Replacement of a penalty by fine by a term of imprisonment
(1) If the convicted defendant fails to pay their fine, in ill-faith, in whole or in part, the number of
fine-days shall be replaced by the same number of days of imprisonment.
(2) If the unpaid fine accompanied a penalty by imprisonment, the number of fine-days that was not
paid up shall be replaced by the same number of days of imprisonment, which shall be added to the
term of imprisonment, and the resulting penalty shall constitute one single penalty.
(3) In case a penalty by fine is replaced by a penalty by imprisonment, as under par. (1) and par. (2),
one fine-day shall be substituted by one day of imprisonment.
ART. 64 |11|
Serving the penalty by fine by performing community service
(1) In case the whole or part of the penalty by fine cannot be served for reasons not attributable to
the convicted defendant, with the latter's consent, the Court can replace the obligation to pay a fine
by the obligation to perform community service, except for the case where the person's health
precludes them from performing such service. One fine-day is equal to one day of community
service.
(2) If the fine that was replaced as under par. (1) was accompanying a penalty by imprisonment, the
obligation to perform community service shall be served after the end of the term of imprisonment.
(3) The Probation Service shall be in charge of supervising performance of the community service.
(4) Performance of community service as under par. (1) shall cease once full payment is received
for the number of fine-days not yet served.
(5) The Court shall replace fine-days that were not served as community service by a corresponding
number of days of imprisonment if:
a) the convicted defendant fails to perform community service as ordered by the Court;
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b) the convicted defendant commits a new offense which is discovered before full
performance of community service. The fine-days that were not served in the form of community
service at the date of final conviction for the new offense, replaced by days of imprisonment, shall
be added to the penalty for the new offense.
#B
(6) If a convicted defendant who is in the situation stipulated at par. (1) does not consent to perform
community service, the amount of fine not paid shall be replaced by a penalty by imprisonment as
under Art. 63.
CHAPTER III
Additional and ancillary penalties
SECTION 1
Additional penalty
ART. 65
Contents and manner of serving the additional penalty of receiving a ban on the exercise of
a number of rights
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(1) An additional penalty consists of a ban on exercising the rights stipulated at Art. 66 par. (1) lett.
a),b) and d) - o),whose exercise was banned by a court of law as a ancillary penalty.
(2) In the case of life imprisonment the additional penalty consists of the court banning the exercise
of the rights stipulated in Art. 66 par. (1) lett. a) - o) or a number of those.
#B
(3) The additional penalty of a ban on the exercise of certain rights shall begin being served as of
the moment the conviction remains final and until the moment the main penalty by imprisonment
has been served or is deemed to have been served.
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(4) In the case of life imprisonment the additional penalty whose content is stipulated in Art. 66 par.
(1) lett. c) shall begin being served on the date parole release is granted or after the penalty is
deemed to have been served.
#B
SECTION 2
Ancillary penalties
Art. 66
Content of the ancillary penalty of receiving a ban on the exercise of a number of rights
(1) The ancillary penalty of a ban on the exercise of a number of rights consists of a ban, for one to
five years, on the exercise of one or several of the following rights:
a) right to be elected to the ranks of public authorities or any other public office;
b) right to take a position that involves exercise of State authority;
c) right of a foreign citizen to reside on Romanian territory;
d) right to vote;
e) parental rights;
f) right to be a legal guardian or curator;
g) the right to take the position, exercise the profession or perform the activity they used in
order to commit the offense;
h) the right to own, carry and use any category of weapons;
i) the right to drive certain categories of vehicles as established by the Court;
j) the right to leave Romanian territory;
k) the right to take a managerial position with a public legal entity;
l) the right to be in certain localities as established by the Court;
m) the right to be in certain locations or attend certain sports events, cultural events or public
gatherings, as established by the Court;
n) the right to communicate with the victim or the victim's family, with the persons together
with whom they committed the offense or with other persons as established by the Court, or
the right to go near such persons;
o) the right to go near the domicile, workplace, school or other locations where the victim
carries social activities, in the conditions established by the Court.
(2) When the law mandates a ban on the right to take a public position, the Court shall rule to ban
the exercise of the rights stipulated at par. (1) lett. a) and lett. b).
(3) The exercise of the rights stipulated at par. (1) lett. a) and lett. b) shall be banned together.
(4) The penalty stipulated at par. (1) lett. c) shall not be ruled where there is probable cause to
believe the person's life might be at risk or that the person might be subjected to torture or other
inhuman or degrading treatment in case they are expelled.
(5) When the ban regards one of the rights stipulated at par. (1) lett. n) and lett. o), the Court shall
specifically customize the content of that penalty so as to consider the circumstances of the case.
Art. 67
Enforcing the ancillary penalty of a ban on the exercise of certain rights
(1) The ancillary penalty of a ban on the exercise of certain rights can be enforced if the main
penalty is imprisonment or a fine and the Court finds that, considering the nature and seriousness
of the offense, the circumstances of the case and the person of the offender, such penalty is
necessary.
(2) Enforcing the ancillary penalty of a ban on the exercise of certain rights is mandatory when the
law stipulates such penalty for an offense.
(3) Banning a foreign citizen's right to be on Romanian territory does not apply in case the
defendant has received a probation sentence.
Art. 68
Serving the ancillary penalty of a ban on the exercise of certain rights
(1) Serving the ancillary penalty of a ban on the exercise of certain rights begins:
a) as of the date the sentence to a fine penalty remains final;
b) as of the date the sentence remains final that ruled the defendant shall serve their penalty
on probation;
c) after the prison sentence is served, after total pardon or a pardon for the remainder of the
penalty, after serving a sentence has come under the statute of limitations or after expiry of the
duration of probation.
(2) In case a penalty is to be served on probation, the ban for a foreign citizen to be on Romanian
territory shall begin as of the date of release.
(3) If serving a sentence on probation is revoked, or a penalty by fine is replaced by a penalty by
imprisonment, for reasons other than the commission of a new offense, the remainder of the
ancillary sentence banning the exercise of certain rights that has not yet been served at the date of
revocation or replacement shall be served after completion of the prison sentence.
Art. 69
Military demotion
(1) The ancillary penalty of military demotion consists of a military person being stripped of their
rank and the right to wear the uniform until the date the conviction judgment remains final.
(2) Military demotion applies obligatorily to convicted military personnel that is active, in reserve
or in retirement, if the main penalty they have received is more than 10 years of imprisonment of
life imprisonment.
(3) Military demotion can be ruled against convicted military personnel that are active, in reserve
or in retirement for offenses committed with direct intent, if the main penalty ruled against them is
no less than 5 years and no more than 10 years of imprisonment.
Art. 70
Publication of final conviction judgment
(1) Publication of the final conviction judgment can be ordered when, in consideration of the nature
and seriousness of the offense, the circumstances of the case and the convicted person, the Court
feels publication will contribute to deterring other individuals from committing such violations.
(2) The conviction judgment is to be published in summary, in a format established by the Court,
in a local or national daily newspaper, to be run only once.
(3) Publication of the final conviction judgment shall be performed at the expense of the convicted
defendant, without the identity of other individuals being revealed.
CHAPTER IV
Calculation of the length of penalties
Art. 71
Duration of serving a sentence
(1) The duration of serving a prison sentence starts counting on the day the convicted defendant has
begun serving the sentence in the final conviction judgment.
(2) The day when the penalty begins being served and the day the penalty ends are included in the
duration of serving the sentence.
(3) The length of time while the convict is hospitalized for an illness, during the serving of their
sentence, is included in the duration of serving their sentence except for the case where the convict
deliberately caused their medical condition and this action is identified during the course of their
serving their sentence.
(4) Permissions to leave the penitentiary, granted to the convict under the Law on the Service of
Penalties, are included in the duration of serving the sentence.
Art. 72
Calculating the duration of pre-trial arrest
(1) The length of time while a person was placed in pre-trial arrest shall be deducted from the
duration of the term of imprisonment ruled against the defendant. The deduction shall also be
performed when the convict has been investigated or tried, at the same time or separately, for a
number of multiple offenses, even if they were convicted for an act that is different from the one that
warranted the pre-trial arrest.
(2) The length of time while a person was placed in pre-trial arrest shall also be deducted from the
penalty in case the sentence is a fine, by removing the number of fine-days entirely or in part.
(3) In case of a fine that accompanies a penalty by imprisonment, the length of time while a person
was placed in pre-trial arrest shall be deducted from the length of the penalty by imprisonment.
Art. 73
Calculating penalties and preventive measures to be served outside the country
(1) In the case of offenses committed as under Art. 8, Art. 9, Art. 10 or Art. 11, the part of the
penalty and the duration of pre-trial arrest served outside Romanian territory shall be deducted from
the length of the sentence enforced for the same violation in Romania.
(2) Par. (1) applies accordingly in the case where the sentence served outside the country is a penalty
by fine.
CHAPTER V
Customization of sentencing
SECTION 1
General stipulations
Art. 74
General criteria for customization of a sentence
(1) Establishing the length or amount of a penalty shall be made on the basis of the seriousness of
the offense and the threat posed by the convict, all of which shall be assessed based on the following
criteria:
a) the circumstances and manner of commission of the offense, as well as the means that
were used;
b) the threat to the protected social value;
c) the nature and seriousness of the outcome produced by the offense or other consequences
of the offense;
d) the reason for committing the offense and intended goal;
e) the nature and frequency of offenses in the convict's criminal history;
f) the convict's conduct after committing the offense and during the trial;
g) the convict's level of education, age, health, family and social situation.
(2) When the law stipulates alternative penalties for the offense, the criteria stipulated in par. (1)
shall be a factor in selecting one of those alternatives.
SECTION 2
Mitigating and aggravating circumstances
Art. 75
Mitigating circumstances
(1) The following situations represent legal mitigating circumstances:
a) offense committed under the influence of a strong disturbance or emotion, caused by the
victim, caused either by violence, by infringement of a person's dignity or by other serious
illicit actions;
b) exceeding the limits of legitimate defense;
c) exceeding the limits of a state of necessity;
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d) covering all the material damage caused by an offense, during criminal investigation or
trial, until the first hearing, if the offender has not benefited from this circumstance within
5 years prior to committing the crime. Mitigating circumstances do not apply if the following
offenses are committed: offense against the person, aggravated theft, robbery, piracy, fraud
committed through computer systems and electronic means of payment, assault, judicial
assault, abusive behavior, offenses against public safety, offenses against public health,
offenses against freedom of religion and respect due to the deceased, against national
security, against the fighting capacity of the armed forces, crime of genocide, crimes against
humanity and war crimes, offenses against Romanian state border, offenses against the law
on preventing and combating terrorism, corruption offenses, offenses assimilated to
corruption offenses, or against the financial interests of the European Union, violation of
regulations concerning explosive, nuclear and radioactive materials, drug offenses, drug
precursors offenses, money laundering offenses, offenses against civil aviation activities and
which might endanger flight safety and aviation security, offenses against witness protection,
offenses against bans on organizations and symbols with fascist, racist and xenophobic
character and against the promotion of worship of persons guilty of crimes against peace
and humanity, offenses relating to trafficking in human organs, tissues or cells, offenses
relating to preventing and combating pornography and relating to adoption rules.
#B
(2) The following situations may represent judicial mitigating circumstances:
a) efforts made by an offender to eliminate or reduce the consequences of their offense;
b) circumstances relating to the committed offense, which reduce the seriousness of the
offense or the threat posed by the offender.
Art. 76
The effects of mitigating circumstances
(1) In case of mitigating circumstances, the special limits of penalty prescribed by law for the
committed offense are reduced by one-third.
(2) If the penalty prescribed by law is life imprisonment, and if mitigating circumstances apply, the
penalty by imprisonment shall be set to no less than 10 and no more than 20 years.
(3) Special limits of penalty are reduced only once, regardless of the number of mitigating
circumstances applying.
Art. 77
Aggravating circumstances
The following constitute aggravating circumstances:
a) the offense was committed by three or more persons together;
b) the offense was committed with cruelty or subjecting the victim to degrading treatment;
c) the offense was committed by methods or means of a nature likely to endanger other
persons or assets;
d) the offense was committed by an offender who is of age, if they were joined by an
underage person;
e) the offense was committed by taking advantage of a clear state of vulnerability of the
victim, caused by age, health, impairment or other reasons;
f) the offense was committed in a state of voluntary intoxication with alcohol or other
psychoactive substances, when such state was induced with a view to committing the
offense;
g) the offense was committed by a person who took advantage of the situation caused by a
disaster, of a state of siege or a state of emergency;
h) the offense was committed for reasons related to race, nationality ethnicity, language,
gender, sexual orientation, political opinion or allegiance, wealth, social origin, age,
disability, chronic non-contagious disease or HIV/AIDS infection, or for other reasons of the
same type, considered by the offender to cause the inferiority of an individual from other
individuals.
Art. 78
Effects of aggravating circumstances
(1) In case aggravating circumstances exist, sentencing can go up to the special maximum. If the
special maximum is insufficient, in the case of a prison sentence an addition of up to 2 years can be
added that cannot exceed one-third of the maximum, and in the case of a fine one-third of the special
maximum can be added at most.
(2) Increasing the threshold of the maximum penalty can only be done once, irrespective of the
number of aggravating circumstances found.
Art. 79
Concurrence between mitigating and aggravating causes
(1) When two or more stipulations are applicable to one offense, that have the effect of reducing a
penalty, the special threshold of the penalty stipulated by law for that offense shall be reduced by
successively applying the stipulations concerning attempt, mitigating circumstances and special
cases for sentence reduction, in that order.
(2) When two or more stipulations are applicable to one offense, that have the effect of increasing
a penalty, the penalty shall be established by successively applying the stipulations concerning
aggravating circumstances, continuing offense, multiple offenses or repeat offense.
(3) When one or more stipulations are applicable to one offense that have the effect of reducing a
penalty and one or more stipulations are applicable that have the effect of increasing a penalty, the
special threshold of the penalty stipulated by law for that offense shall be reduced according to par.
(1), after which the resulting penalty shall be increased according to par. (2).
SECTION 3
Waiver of sentence enforcement
ART. 80 |12|
Conditions for waiver of penalty enforcement
(1) A Court can waive enforcement of a penalty if the following conditions are met:
a) the committed offense has a low degree of seriousness, given the nature and extent of its
consequences, means used, manner and circumstances of commission, reason and goal
intended;
b) considering the person of the defendant, their conduct before committing the offense, their
efforts to remove or minimize the consequences of their offense, and their likelihood of
rehabilitation, the Court feels that enforcing a penalty would be untimely because of its
consequences on the defendant.
(2) Enforcement of a penalty cannot be waived if:
a) the defendant has a previous conviction, except for the cases stipulated in Art. 42 lett. a)
and lett. b) or for which rehabilitation has taken place or the deadline for rehabilitation has
arrived;
b) the same defendant has already had a case of penalty waiver granted to them in the 2 years
previous to the commission of the offense for which they are on trial;
c) the defendant has evaded criminal investigation or prosecution or tried to obstruct
discovery of the truth or identification and prosecution of themselves or participants in the
offense;
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d) the penalty for that offense is more than 5 years of imprisonment.
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(3) In case of multiple offenses, a waiver of penalty enforcement can be granted if the conditions
in par. (1) and par. (2) are met for each of the multiple offenses.
Art. 81
Warning
(1) When ruling to waive a penalty a Court will issue the defendant with a warning.
(2) A warning consists of a presentation of the factual reasons that led to the Court waiving
enforcement of the penalty and telling the defendant about their future conduct and consequences
of committing further offenses.
(3) Only one warning can be granted in a situation of multiple offenses.
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ART. 82
Rescission and effects of waiving a penalty
(1) A defendant who has been granted a waiver of penalty shall not be subject to any restriction of
rights, ban or incapacity that might devolve from the offense.
(2) A waiver of penalty enforcement does not cause effects on the serving of security measures and
civil obligations ordered in the Court's judgment.
(3) If, within 2 years of the waiver judgment remaining final, it is found that the recipient of the
waiver had committed another offense previous to that judgment remaining final, and for which a
sentence was returned even after the expiry of that deadline, the waiver is canceled and a sentence
will be enforced for the offense that originally received a waiver, after which stipulations shall
apply, as the case may be, concerning multiple offenses, repeat offense or intermediate plurality.
#B
SECTION 4
Postponement of penalty enforcement
ART. 83
Conditions for postponement of penalty enforcement
(1) The Court can rule to postpone enforcement of a penalty and set a time period to be served on
probation, if the following conditions are met:
a) the sentence, including for a situation of multiple offenses, is a fine or no more than 2
years of imprisonment;
b) the defendant does not have any previous prison sentences, except for the cases stipulated
in Art. 42 lett. a) and lett. b) or for which rehabilitation has taken place or the deadline for
rehabilitation has arrived;
c) the defendant has consented to perform community service;
d) considering the person of the defendant, their conduct before committing the offense, their
efforts to remove or minimize the consequences of their offense, and their likelihood of
rehabilitation, the Court feels that enforcing a penalty immediately is not necessary, but it
is nevertheless mandatory to have their conduct supervised for a determined period.
(2) Enforcing a sentence cannot be postponed if the penalty stipulated by law for the committed
offense is no less than 7 years of imprisonment or if the defendant has evaded the criminal
investigation or prosecution or tried to obstruct discovery of the truth or identification and
prosecution of themselves or participants in the offense.
(3) Postponing enforcement of a prison sentence will also entail postponement of enforcement of
the fine that accompanies the prison sentence according to Art. 62.
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(4) It is mandatory to present the reasons for postponing enforcement of the sentence and warn the
defendant about their future conduct and consequences of committing further offenses or failing to
comply with probation or with their obligations for the duration of the probation period.
#B
Art. 84
Probation period
(1) The probation period is 2 years and starts as of the date when the judgment remained final that
postponed enforcement of the penalty.
(2) For the duration of the probation period the person on probation must comply with the probation
measures and their obligations as part of it, as ordered by the Court.
ART. 85
Probation measures and obligations
(1) For the duration of the probation period, a defendant who has been granted postponement of
penalty enforcement must comply with the following probation measures:
a) report to the Probation Service on the dates set by the latter;
b) receive visits by the probation officer appointed to supervise them;
c) give notice of changing domicile and of any travel longer than 5 days, as well as of their
return date;
d) give notice of changing jobs;
e) provide information and documents of a nature that will make it possible to check into
their livelihood.
(2) The Court can order a defendant who has been granted postponement of penalty enforcement
to comply with one or several of the following obligations to:
a) take classes in school or a vocational training;
b) perform community service for a duration between 30 and 60 days, in the conditions
ordered by the Court, except for the case where their health precludes them from performing
that service. The daily number of hours to be performed shall be established as under the
Law on the Service of Penalties;
c) attend one or more social reintegration programs operated by the Probation Service or
given in cooperation with community entities;
d) comply with medical checkups, treatment or care;
e) not communicate with the victim or the victim's family, with the persons together with
whom they committed the offense or with other persons as established by the Court, or to
not go near such persons;
f) not be in certain locations or attend certain sports events, cultural events or public
gatherings established by the Court;
g) not drive certain vehicles established by the Court;
h) not own, use and carry any category of weapons;
i) not leave Romanian territory without securing agreement from the Court;
j) not take or exercise the position, profession, occupation or activity they used in the
commission of the offense.
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(3) To order the obligation stipulated at par. (2) lett. b), the Court shall consult the information
made available periodically by the Probation Service concerning the actual compliance possibilities
the Probation Service and the community can provide.
(4) When ordering the obligation stipulated at par. (2) lett. e) -g), the Court is specifically
customizing the contents of that obligation in consideration of the circumstances of the case.
#B
(5) The defendant on probation must comply in full with their civil obligations as ordered in the
Court judgment, no later than 3 months before expiry of the probation period.
Art. 86
Supervision
(1) During the probation period the information stipulated in Art. 85 par. (1) lett. c) - e) shall be
reported to the Probation Service.
(2) Supervising compliance with the obligations stipulated in Art. 85 par. (2) lett. a) -c) and par. (5)
shall be provided by the Probation Service. Checking into the manner of compliance with
obligations stipulated in Art. 85 par. (2) lett. d) - j) shall be performed by jurisdictional bodies that
shall refer any and all violations of said obligations to the Probation Service.
(3) The Probation Service shall take all necessary steps to ensure compliance with obligations
stipulated in Art. 85 par. (2) lett. a) -d), within the shortest delay after the conviction remained final.
(4) For the duration of the probation period the Probation Service is under an obligation to inform
the Court if:
a) any grounds have emerged to warrant either an amendment to the obligations ordered by
the Court or discontinuation of compliance with some of them;
b) the person under supervision does not comply with probation measures or fails to comply
with their obligations in the conditions set for them;
c) the person under supervision has failed to comply with their civil obligations as ordered
in the Court judgment, no later than 3 months before expiry of the probation period.
Art. 87
Amending or discontinuing obligations
(1) If during the probation period reasons occur that warrant either the ordering of new obligations
or the increase or decrease of the existing compliance conditions, the Court shall order an
amendment of the obligations accordingly, to provide the supervised individual with increased
chances for rehabilitation.
(2) The Court shall order some of the original obligations to cease when it feels that maintaining
them is no longer necessary.
Art. 88
Revocation of postponement of penalty enforcement
(1) If during the probation period the supervised individual, in ill-faith, fails to comply with the
probation measures or obligations ordered them, the Court shall revoke the postponement and rule
to enforce the penalty.
(2) In the case where, before expiry of the probation period, the supervised individual fails to fully
comply with their civil obligations as ordered in the Court judgment, the Court shall revoke the
postponement and rule to enforce the penalty except for the case where the individual can prove they
had no avenue to comply.
(3) In the case where, after postponement of penalty enforcement, the supervised individual commits
a new offense, with direct or oblique intent, which is discovered during the probation period, and
for which a conviction was returned even after expiry of this term, the Court shall revoke the
postponement and rule to enforce the penalty. The penalty enforced as a result of revocation and the
penalty for the new offense shall be calculated according to the stipulations concerning multiple
offenses.
(4) If the new offense is committed with basic intent, the Court is at liberty to maintain or revoke
the postponement of penalty enforcement. In case of revocation the stipulations of par. (3) shall
apply accordingly.
Art. 89
Nullification of postponement of penalty enforcement
(1) If during the probation period the supervised individual is found to have committed another
offense before the date when the postponement judgment remained final, and for which they were
sentenced to imprisonment even after the expiry of that term, the postponement shall be nullified,
and the stipulations shall apply, as the case may be, on multiple offenses, repeat offense or
intermediate plurality.
(2) In the case of multiple offenses the Court can order a postponement of resulting penalty
enforcement if the conditions are met that are stipulated in Art. 83. If the Court orders a
postponement of penalty enforcement, the probation period shall start being calculated as of the date
the previous judgment remained final that postponed penalty enforcement.
Art. 90
Effects of postponement of penalty enforcement
(1) A defendant who has been granted a postponement of penalty enforcement shall not be subject
to serving the penalty or to any restriction of rights, ban or incapacity that might devolve from the
offense, unless they have committed a new offense before the expiry of the probation period,
postponement has not been revoked and no cause for nullification has occurred.
(2) Postponement of penalty enforcement does not produce effects on serving the security measures
and the civil obligations stipulated in the Court judgment.
SECTION 5 |13|
Suspension of service of a sentence under supervision
Art. 91
Conditions for suspending service of a sentence under supervision
(1) The court may suspend service of a sentence under supervision if the following conditions are
met:
a) the penalty imposed, including in case of multiple offenses, is a term of no more than
three years of imprisonment;
b) the offender was not previously convicted to imprisonment for a term exceeding one year,
except as under Art. 42, when rehabilitation has taken place or the deadline for rehabilitation
has arrived;
c) the offender agreed to perform community service;
d) by considering the offender's person, the offender's conduct prior to the commission of
the criminal offense, their efforts to eliminate or mitigate the consequences of such criminal
offense and their means of reformation, the court feels that the penalty is sufficient, even
without service thereof, that the convict will not commit other offenses, but that it is
necessary to monitor their behavior for a limited period of time.
(2) Where imprisonment is accompanied by a fine as under Art. 62, the penalty fine shall be
enforced even if the service of the prison sentence was suspended under supervision.
(3) Suspension of service of a sentence under supervision may not be ordered if:
a) a fine is the only penalty;
b) enforcement of the sentence was initially postponed, and such postponement was
subsequently revoked;
c) the defendant has evaded criminal investigation or prosecution or tried to obstruct
discovery of the truth or identification and prosecution of themselves or participants in the
offense.
(4) It is mandatory to submit the grounds for their sentence, as well as those that led to the
suspension of the sentence enforcement and to warn the convict about their future conduct and about
the consequences they are exposed to if they continue to commit offenses or fail to comply with the
supervision measures or to fulfill their obligations during the term of supervision.
Art. 92
Term of supervision
(1) The term of suspension of a sentence under supervision shall be the convict's supervision period,
which ranges from 2 to 4 years, but may not be shorter than the term of the sentence enforced.
(2) The supervision period shall be calculated from the date when the decision to have the sentence
served under supervision was returned and remained final.
(3) During the supervision period a convict must comply with supervision measures and fulfill their
obligations in the terms set out by the Court.
Art. 93
Supervision measures and obligations
(1) During the supervision period, a convict shall comply with the following supervision measures:
a) report to the Probation Service on the dates set by the latter;
b) receive visits by the probation officer appointed to supervise them;
c) give notice of changing domicile and of any travel longer than 5 days, as well as of their
return date;
d) give notice of changing jobs;
e) provide information and documents of a nature that will make it possible to check into
their livelihood.
(2) The Court can order a defendant to comply with one or several of the following obligations to:
a) take classes in school or a vocational training;
b) attend one or more social reintegration programs operated by the Probation Service or
given in cooperation with community entities;
c) comply with medical checkups, treatment or care;
d) not leave Romanian territory without securing agreement from the Court;
(3) During the supervision period, a convict shall perform community service for a period between
60 and 120 days, under the terms set out by Court, unless their health prevents them from
performing such work. The daily number of hours shall be determined by the Law on the Service
of Penalties.
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(4) In determining the content of the obligation set out in par. (3), the Court shall consult the
information provided periodically by the Probation Service on the existing concrete capacities to
serve at the level of the Probation Service and the community institutions.
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(5) The convict must comply in full with their civil obligations as ordered in the Court judgment,
no later than 3 months before expiry of the probation period.
Art. 94
Supervision of convict
(1) During the supervision term, the dates stipulated in Art. 93 par. (1) lett. c) - e) shall be notified
to the Probation Service.
(2) Fulfillment of the obligations set out in Art. 93 par. (2) lett. a) and b), par. (3) and par. (5) is
supervised by the Probation Service. The way the obligations under Art. 93 par. (2) lett. c) and d)
are fulfilled is verified by the competent authorities, which shall notify the Probation Service of any
violation thereof.
(3) The Probation Service shall take all necessary steps to ensure that the obligations stipulated in
Art. 93 par. (2) lett. a) and b) and par. (3) are met as soon as possible as of the date when the
judgment of conviction remained final.
(4) During the supervision term, the Probation Service shall notify the court if:
a) certain reasons justifying either a change of the obligations imposed by the court or
cessation of some of them have appeared;
b) the supervised person does not comply with the supervision measures or fails to meet their
obligations under the established conditions;
c) the supervised person has not met their civil obligations as under the Court judgment no
later than three months before expiry of the supervision term.
Art. 95
Change or cessation of obligations
(1) If during the supervision term reasons justifying either the imposition of new obligations or the
extension or reduction of the service conditions for those existing appeared, the court orders the
change of obligations accordingly so as to ensure better chances for the convict to reform.
(2) The court suspends service of some of the obligations imposed by it when it deems that their
maintaining is no longer required.
Art. 96
Revocation of suspension of sentence enforcement under supervision
(1) If during the supervision term, a supervised person, in ill-faith, does not comply with the
supervision measures or fails to perform the obligations imposed or established by law, the court
shall revoke suspension and shall order service of the penalty.
(2) If before expiry of the supervision term, a supervised person does not fully perform their civil
obligations established by the court judgment, the court shall revoke suspension and shall enforce
the sentence, unless the person proves to have been unable to fulfill such obligations.
(3) If the fine accompanying imprisonment under Art. 62 was not paid and was replaced by
imprisonment pursuant to Art. 63 par. (2) or Art. 64 par. (5) and par. (6), the court shall revoke
suspension and shall enforce the sentence, plus the imprisonment which replaced the criminal fine.
(4) If during the supervision term a convict commits a new offense, which is discovered before the
term's expiry and for which a sentence of imprisonment was returned, even after the expiry of this
term, the court shall revoke suspension and shall enforce the sentence.
(5) The main penalty for the new offense is established and served, as applicable, according to the
stipulations relating to repeat offenses or intermediary plurality.
(6) If the subsequent offense is committed with basic intent, the court may retain or revoke
suspension of the sentence enforcement under supervision. Upon revocation, the stipulations of par.
(1), par. (4) and par. (5) shall apply accordingly.
Art. 97
Rescission of suspension of sentence enforcement under supervision
(1) If during the supervision term a convicted person is found to have committed another offense
before the judgment ordering suspension remains final, and for which they were sentenced to
imprisonment even after this period, the suspension is rescinded, and the stipulations on multiple
offenses, repeat offenses and intermediary plurality shall apply accordingly.
(2) In case of multiple offenses or intermediary plurality, the court may order suspension of service
of the resulting sentence if the conditions laid down in Art. 91 are met. If the suspension of the
sentence service under supervision is ordered, the supervision period is calculated from the date the
judgment of conviction whereby the suspension of the sentence enforcement under supervision was
previously ruled becomes final.
Art. 98
Effects of suspending service of a sentence under supervision
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(1) If a convicted person did not commit a new offense, discovered before the expiry of the
supervision term, the revocation of suspension of the sentence enforcement under supervision was
not ordered and no reason for rescission appeared, the penalty is deemed served.
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(2) Suspension of service of a sentence under supervision has no effect on the precautionary
measures and civil obligations ordered in the sentence.
SECTION 6
Conditional Release
Art. 99
Conditions for conditional release in case of life imprisonment
(1) Conditional release in case of life imprisonment may be ordered if:
a) a convict effectively served 20 years in prison;
b) a convict had a good conduct during the entire sentence service;
c) a convict entirely met all civil obligations established by the judgment of conviction,
unless they prove to have been unable to do so;
d) the court is convinced that the convicted person has reformed and is able to reintegrate
into society.
(2) It is mandatory to submit the de facto reasons that led to the granting of conditional release and
to warn the convict about their future conduct and about the consequences they are exposed to if
they continue to commit offenses or fail to comply with the supervision measures or to fulfill their
obligations during the term of supervision.
(3) As of the date of conditional release, the convict is subject to a supervision period of 10 years.
Art. 100
Conditions of conditional release in case of imprisonment
(1) Conditional release may be ordered if:
a) a convict has served at least two-thirds of the penalty, in case of a term of imprisonment
no longer 10 years, or at least three quarters of the penalty, but no more than 20 years in
prison, in case of a term of imprisonment exceeding 10 years;
b) a convict is serving their sentence in an open or semi-open regime;
c) a convict fulfilled completely all civil obligations established by the judgment of
conviction, unless they prove to have been unable to do so;
d) the court is convinced that the convicted person has reformed and is able to reintegrate
into society.
(2) If a convicted person turned 60, conditional release may be ordered after the effective serving
of half of the penalty, in case of a term of imprisonment not exceeding 10 years, or at least two-thirds of the penalty, in case a term of imprisonment exceeding 10 years, provided that the
conditions set forth in par. (1) lett. b) - d) are fulfilled.
(3) In calculating increments of penalty provided in par. (1), the part of the sentence term that may
be deemed, according to law, as served due to the work performed is to be considered. In this case,
conditional release may be ordered prior to the effective service
of at least half of the prison sentence, when it does not exceed 10 years, and at least two-thirds, when
the penalty is more than 10 years.
(4) In calculating increments of penalty provided in par. (2), consideration shall be given to the part
of the sentence term that may be regarded as served, according to law, due to the work performed.
In this case, conditional release may be ordered prior to the effective service of at least one-third of
the imprisonment sentence, when it does not exceed 10 years, and at least half of it, when the
sentence is more than 10 years.
(5) It is mandatory to submit the de facto reasons having led to the granting of conditional release
and to warn the convict about their future conduct and about the consequences they are exposed to
if they continue to commit offenses or fail to comply with the supervision measures or to fulfill their
obligations during the term of supervision.
(6) The period between the conditional release date and the date of the sentence expiry is the term
throughout which the convict is supervised.
Art. 101
Supervision measures and obligations
(1) If the remaining part of an un-serviced penalty is, upon conditional release, of 2 years or more,
a convict shall comply with the following supervision measures:
a) report to the Probation Service on the dates set by the latter;
b) receive visits by the probation officer appointed to supervise them;
c) give notice of changing domicile and of any travel longer than 5 days, as well as of their
return date;
d) give notice of changing jobs;
e) provide information and documents of a nature that will make it possible to check into
their livelihood.
(2) In the case referred to in par. (1), the court may require a convict to perform one or more of the
following obligations:
a) take classes in school or a vocational training;
b) attend one or more social reintegration programs operated by the Probation Service or
given in cooperation with community entities;
c) not leave Romanian territory
d) not be in certain locations or attend certain sports events, cultural events or public
gatherings established by the Court;
e) not communicate with the victim or the victim's family, with the persons together with
whom they committed the offense or with other persons as established by the Court, or to
not go near such persons;
f) not drive certain vehicles established by the Court;
g) not own, use and carry any category of weapons.
(3) The obligations set out in par. (2) lett. c) - g) may be imposed to the extent they have not been
enforced by the ancillary penalty prohibiting the exercise of certain rights.
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(4) In determining the obligation set forth by par. (2) lett. d) - f), the Court practically customizes
the content of such obligation, considering the circumstances of the case.
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(5) The supervision measures and the obligations provided in par. (2) lett. a) and lett. b) shall be
fulfilled as of the date of release, for a period equal to one-third of the supervision term, but no more
than 2 years, and the obligations set out in par. (2) lett. c) - g) are to be performed throughout the
entire supervision period.
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(6) *** Repealed
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Art. 102
Supervision of convict
(1) During supervision, the data provided in Art. 101 par. (1) lett. c) - e) shall be notified to the
Probation Service.
(2) Fulfillment of the obligations set out in Art. 101 par. (2) lett. a) and b) is supervised by the
Probation Service. The way in which the obligations set forth in Art. 101 par. (2) lett. c) - g) are
fulfilled is verified by the competent authorities, which shall notify the Probation Service of any
violation thereof.
(3) The performance of obligations under Art. 101 par. (2) lett. d) and lett. e) may be monitored
through an electronic surveillance system, as provided by the special law.
(4) During supervision, the Probation Service has the obligation to notify the court if:
a) certain reasons have occurred requiring either the change of the obligations imposed by
the court or cessation of some of them;
b) a supervised person does not comply with the supervision measures or fails to meet their
obligations under the established conditions;
Art. 103
Change or cessation of obligations
(1) If during the supervision term, reasons justifying either the imposition of new obligations or the
extension or reduction of the service conditions for those existing have appeared, the court orders
the change of obligations accordingly so as to ensure better chances for the convict to be socially
reintegrated.
(2) The court suspends service of some of the obligations imposed by when it deems that their
maintaining is no longer required.
Art. 104
Revocation of conditional release
(1) If during the supervision term a convicted person, in ill-faith, does not comply with the
supervision measures or fails to perform the obligations imposed, the court shall revoke release, and
shall order service of the rest of the penalty.
(2) If after conditional release is granted, a convicted person commits a new offense, which is
discovered during the supervision period and for which a judgment for imprisonment was returned,
even after the expiry of such term, the court shall revoke release and order service of the rest of the
sentence. The penalty for the new offense is set and served, as applicable, according to the
stipulations on repeat offenses and intermediary plurality.
(3) The stipulations of par. (1) and par. (2) shall apply accordingly also to conditional release in case
of life imprisonment.
Art. 105
Rescission of conditional release
(1) If during the supervision term it is found that a convicted person committed another offense
before receiving conditional release, for which imprisonment was ordered even after this period, the
conditional release is rescinded, the stipulations on multiple offenses, repeat offenses and
intermediary plurality shall apply accordingly.
(2) In the event that, in respect of the penalty resulted, the conditions laid down in Art. 99 or Art.
100 are met, the court may grant conditional release. If conditional release was granted, the
supervision term is calculated as of the date of the first conditional release.
(3) When, after rescission, the court orders service of the resulting penalty, the part of the ancillary
penalty that prohibits the exercise of certain rights that was not served upon rescission of release
shall be served after serving the imprisonment sentence.
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Art. 106
Effects of conditional release
If a convicted person did not commit a new offense that was discovered before expiry of the
supervision term, revocation of the conditional release was not ordered and no rescission reason
occurred, the sentence is deemed as served.
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TITLE IV
Security measures
CHAPTER I
General stipulations
Art. 107
Security measures
(1) Security measures seek to eliminate any state of hazard and to prevent the commission of
offenses provided by criminal law.
(2) Security measures are taken against a person who committed an unjustified offense under
criminal law.
(3) Security measures may also be taken in case no penalty is applied to the offender.
Art. 108
Categories of security measures
Security measures are:
a) compulsion to undergo medical treatment;
b) admission to a medical facility;
c) prohibition to become employed in, or practice a certain profession;
d) special confiscation;
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e) extended confiscation.
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CHAPTER II
Regime of security measures
Art. 109
Compulsion to undergo medical treatment
(1) If a perpetrator, due to illness, including that caused by chronic consumption of alcohol or other
psychoactive substances, is presumed to be a threat to society, they may be required to undergo
medical treatment until recovery or until health improvement that eliminates any threat is achieved.
(2) When the person ordered to comply with such measure refuses to undergo any medical
treatment, the Court can order their admission to a medical facility.
(3) If a person subject to treatment is sentenced to imprisonment, such treatment is also administered
during service of the sentence.
Art. 110
Hospital admission
When a perpetrator is mentally ill, chronically uses psychoactive substances or suffers from a
contagious infectious disease and is a threat to society, they may be committed to specialized
medical units until recovery or until their condition gets improved and is no longer dangerous.
Art. 111
Prohibition to become employed in, or practice a certain profession
(1) When an offender committed a criminal act because of their inability, lack of training or other
causes that make them unfit to be employed for any particular function or to practice a profession
or trade or to conduct other activities, their right to hold that position or to practice that profession,
trade or activity may be forbidden to be exercised.
(2) The security measure may be revoked upon request, after a period of at least one year, if it is
ascertained that the grounds on which it was based ceased. A new application may be submitted only
after a period of at least one year as from the prior application's dismissal.
Art. 112
Special confiscation
(1) The following shall be subject to special confiscation:
a) assets produced by perpetrating any offense stipulated by criminal law;
b) assets that were used in any way, or intended to be used to commit an offense set forth by
criminal law, if they belong to the offender or to another person who knew the purpose of
their use;
c) assets used immediately after the commission of the offense to ensure the perpetrator's
escape or the retention of use or proceeds obtained, if they belong to the offender or to
another person who knew the purpose of their use;
d) assets given to bring about the commission of an offense set forth by criminal law or to
reward the perpetrator;
e) assets acquired by perpetrating any offense stipulated by criminal law, unless returned to
the victim and to the extent they are not used to indemnify the victim;
f) assets the possession of which is prohibited by criminal law.
(2) In the case referred to in par. (1) lett. b) and c), if the value of assets subject to confiscation is
manifestly disproportionate to the nature and severity of the offense, confiscation will be ordered
only in part, by monetary equivalent, by taking into account the result produced or that could have
been produced and asset's contribution to it. If the assets were produced, modified or adapted in
order to commit the offense set forth by criminal law, they shall be entirely confiscated.
(3) In cases referred to in par. (1) lett. b) and c), if the assets cannot be subject to confiscation, as
they do not belong to the offender, and the person owning them was not aware of the purpose of
their use, the cash equivalent thereof will be confiscated in compliance with the stipulations of par.
(2).
(4) The stipulations of par. (1) lett. b) do not apply to offenses committed by using the press.
(5) If the assets subject to confiscation pursuant to par. (1) lett. b) - e) are not to be found, money
and other assets shall be confiscated instead, up to the value thereof.
(6) The assets and money obtained from exploiting the assets subject to confiscation as well as the
assets produced by such, except for the assets provided for in par. (1) lett. b) and c), shall be also
confiscated.
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Art. 112^1
Extended confiscation
(1) Assets other than those referred to in Art. 112 are also subject to confiscation in case a person
is convicted of any of the following offenses, if such offense is likely to procure a material benefit
and the penalty provided by law is a term of imprisonment of 4 years or more:
a) drug and precursor trafficking;
b) trafficking in and exploitation of vulnerable people;
c) offenses on the state border of Romania;
d) money laundering offenses;
e) offenses related to the laws preventing and fighting pornography;
f) offenses related to the legislation to combat terrorism;
g) establishment of an organized crime group;
h) offenses against property;
i) failure to observe the law on firearms, ammunition, nuclear materials and explosives;
j) counterfeiting of currency, stamps or other valuables ;
k) disclosure of economic secrets, unfair competition, violation of the stipulations on import
or export operations, embezzlement, violations of the laws on imports and exports, as well
of the laws on importing and exporting waste and residues;
l) gambling offenses;
m) corruption offenses, offenses assimilated thereto, as well as offenses against the financial
interests of the European Union;
n) tax evasion offenses;
a) offenses related to customs regulations;
p) fraud committed through computer systems and electronic payment means;
q) trafficking in human-origin organs, tissues or cells.
(2) Extended confiscation is ordered if the following conditions are cumulatively met:
a) the value of assets acquired by a convicted person within a time period of five years
before and, if necessary, after the time of perpetrating the offense, until the issuance of the
indictment, clearly exceeds the revenues obtained lawfully by the convict;
b) the court is convinced that the relevant assets originate from criminal activities such as
those provided in par. (1).
(3) In enforcing the stipulations of par. (2), the value of the assets transferred by a convicted person
or by one-third party to a family member or to a legal entity over which that convicted person has
control shall also be considered.
(4) Sums of money may also constitute assets under this Article.
(5) In determining the difference between the legitimate income and the value of the assets acquired,
the value of the assets upon their acquisition and the expenses incurred by the convicted person and
their family members shall be considered.
(6) If the assets to be seized are not to be found, money and other assets shall be confiscated instead,
up to the value thereof.
(7) The assets and money obtained from exploiting the assets subject to confiscation as well as the
assets produced by such shall be also confiscated.
(8) Confiscation shall not exceed the value of assets acquired during the period referred to in par.
(2) that are above a convicted person's lawfully obtained income.
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TITLE V |14|
Underage offenders
CHAPTER I
Rules on criminal liability of an underage offender
Art. 113
Criminal liability limits
(1) A juvenile who has not turned 14 years of age does not have criminal liability.
(2) A juvenile who is between 14 and 16 years of age shall have criminal liability if proven they
committed the act with competence.
(3) A juvenile who turned 16 shall have criminal liability as under the law.
Art. 114
Consequences of criminal liability
(1) A juvenile who, at the time of the offense, is aged between 14 and 18, shall be subject to a non-custodial educational measure.
(2) The juvenile referred to in par. (1) may be subject to custodial educational measures in the
following cases:
a) the juvenile committed another offense for which an educational measure was taken and
served or the service of which started before the commission of the offense for which the
juvenile is subject to trial;
b) the penalty required by law for the committed offense is a term of imprisonment of seven
years or more, or life imprisonment.
Art. 115
Educational measures
(1) Educational measures are non-custodial or custodial.
1. The non-custodial educational measures are:
2. The custodial educational measures are:
a) confinement in an educational centre;
b) confinement in a detention centre.
(2) The educational measures to be taken against a juvenile shall be chosen in terms of Art. 114,
according to the criteria stipulated in Art. 74.
Art. 116
Assessment report
(1) For the purpose of assessing a juvenile, according to the criteria laid down in Art. 74, the court
shall require the Probation Service to draft a report also including justified recommendations on the
nature and duration of social reintegration programs that the juvenile should follow, as well as any
other obligations imposed on a juvenile by the Court.
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(2) The compliance assessment report or the enforcement of educational measures and imposed
obligations shall be prepared by the Probation Service in all cases in which the court orders the
educational measure or the change or cessation of fulfillment of the imposed obligations, except as
provided in Art. 126, when such report shall be drafted by the educational or detention centre.
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CHAPTER II
Rules on non-custodial educational measures
Art. 117
Civic traineeship
(1) The educational measure of civic traineeship consists of a juvenile's obligation to participate in
a program not exceeding 4 months, which would help them understand the legal and social
consequences they are exposed to when perpetrating offenses and would make them accountable
for their future behavior.
(2) The Probation Service shall coordinate the organization, the juvenile's participation and the
supervision during such civic traineeship, without affecting the juvenile's school or professional
program.
Art. 118
Supervision
The educational measure of supervision consists of controlling and guiding a juvenile throughout
their daily program, for a time period between two and six months, under the supervision of the
Probation Service, in order to ensure their participation in school or vocational courses and to
prevent them from engaging in certain activities or from contacting certain persons that might affect
their reformation process.
Art. 119
Curfew on weekend
(1) The educational measure of curfew on weekend consists of a juvenile's obligation not to leave
their domicile on Saturdays and Sundays, for a time period between 4 and 12 weeks, unless, in this
period, they are required to participate in certain programs or to carry out certain activities imposed
by the court.
(2) Supervision is performed under the coordination of the Probation Service.
Art. 120
Assistance on a daily basis
(1) The educational measure of assistance on a daily basis consists of a juvenile's obligation to
follow a schedule set by the Probation Service, which contains the timetable and conditions for
conducting activities as well as the prohibitions imposed on the juvenile.
(2) The educational measure of assistance on a daily basis is enforced for a period between 3 and
6 months and supervision is performed under the coordination of the Probation Service.
Art. 121
Obligations imposed on a juvenile
(1) During the service of non-custodial educational measures, the court may impose on a juvenile
one or more of the following obligations:
a) take classes in school or a vocational training;
b) not to cross the territorial limit set by the Court, without the Probation Service's approval;
c) not to be in certain places or at certain sporting cultural events or other public meetings
indicated by the Court;
d) to stay away from and not communicate with the victim or members of their family, the
participants in the offense or other persons indicated by the Court;
e) to report to the Probation Service on the dates set by the latter;
f) to comply with medical control, treatment or care measures.
(2) In determining the obligation set forth by par. (1) lett. d), the court effectively customizes the
content of such obligation, considering the circumstances of the case.
(3) Supervision of fulfillment of the obligations imposed by the Court is performed under the
coordination of the Probation Service.
(4) During the service of a non-custodial educational measure, the Probation Service has to notify
the court if:
a) reasons justifying either the change of the obligations imposed by the court or cessation of
some of them appeared;
b) a supervised person violates the conditions of the educational measure's service or fails to
meet their obligations, under the established terms.
Art. 122
Change or cessation of obligations
(1) If during the supervision term reasons justifying either the imposition of new obligations or the
increase or reduction of the service conditions for those existing appeared, the court orders the
change of obligations accordingly so as to ensure better chances for the supervised person to reform.
(2) The court orders suspension of the service of the obligations imposed by it when it deems that
their maintaining is no longer required.
Art. 123
Increase or replacement of non-custodial educational measures
(1) If a juvenile does not comply, in ill-faith, with the educational measure's conditions or with the
obligations imposed, the court rules to:
a) increase the educational measure, without exceeding the maximum term provided by law for
it;
b) replace the previous measure by another, more severe, non-custodial educational measures;
c) replace the enforced measure by confinement in an educational centre, in case the most
severe non-custodial educational measure was taken initially.
(2) In the cases referred to in par. (1) lett. a) and b), if the conditions for the service of the
educational measure or obligations imposed are still not complied with, the court shall replace the
non-custodial educational measure with the measure of confinement in an educational centre.
(3) If a juvenile serving a non-custodial educational measure commits a new offense or is subject
to trial for one of multiple offenses committed previously, the court rules to:
a) increase the educational measure, without exceeding the maximum term provided by law for
it;
b) replace the previous measure by another, more severe, non-custodial educational measure;
c) replace the previous measure by a custodial educational measure.
(4) In the cases referred to in par. (1) lett. a) and b), as well as in par. (3) lett. a) and b), the Court
may order new obligations to a juvenile or may extend the service conditions of the existing ones.
CHAPTER III
Rules on custodial educational measures
Art. 124
Internment in educational centers
(1) The educational measure represented by the internment in educational centers consists of the
internment of underage offenders in institutions specialized in the recovery of underage offenders,
where the latter attend educational and professional training programs in accordance to their skills,
as well as social reintegration programs.
(2) Internment in educational centers is ordered for a time period between one and three years.
(3) If, during the internment period, an underage offender commits a new offense or is tried for a
previously committed multiple offense, the court may sustain the measure of internment in an
educational center, extending the duration of such measure without exceeding the maximum
duration provided by law, or may replace it by the measure of internment in a detention center.
(4) If, during the internment period, an underage offender proves a continuous interest in acquiring
knowledge and professional training, and shows obvious progress in view of social reintegration,
following service of at least half of the internment period, the court may order as follows:
a) replacement of the internment by the educational measure of daily assistance for a period
equal to the duration of the internment still to be served, but no more than six months, if the
person admitted to a medical facility has not turned 18;
b) release from the educational center, if the person admitted to a medical facility has turned
18.
(5) Simultaneously with such replacement or release, the court shall order the observance of one or
several obligations provided under Art. 121, until reaching the duration of internment.
(6) If an underage offender, in ill-faith, does not observe the conditions for the service of the
measure of daily assistance or the obligations ordered, the court shall reconsider the replacement or
release, and shall order service of the remaining measure of internment in an educational center.
(7) If, until the completion of the internment period, the person not having turned 18, with respect
to whom the measure of internment in an educational center was replaced by the measure of daily
assistance, commits a new offense, the court shall reconsider the replacement and shall order as
follows:
a) service of the remaining initial internment measure, with a possibility of extension until
reaching the maximum provided by law;
b) internment in a detention center.
Art. 125
Internment in detention centers
(1) The educational measure of internment in detention centers consists of the internment of an
underage offender in an institution specialized in the recovery of underage persons, under guard and
monitoring, while attending intensive social reintegration programs, as well as educational and
professional training programs tailored according to their skills.
(2) Internment is ordered for a time period between 2 and 5 years, except for the case when the
penalty provided by law for the committed offense is a term of imprisonment of 20 years or more,
or life imprisonment, in which case internment is ordered for no less than 5 and no more than 15
years.
(3) If, during the internment period, an underage offender commits a new offense or is tried for a
previously committed multiple offense, the court shall increase the measure of internment, without
exceeding the maximum provided under par. (2), established considering the most serious penalty
provided by law for the committed offenses. The measure of internment served until the date of the
court order shall be deducted from the educational measure.
(4) If, during the internment period, an underage offender proves a continuous interest in acquiring
knowledge and professional training, and shows obvious progress in view of social reintegration,
following the service of at least half of the internment period, the court may order:
a) replacement of the internment by the educational measure of daily assistance for a period
equal to the duration of the internment still to be served, but no more than six months, if the
interned person has not turned 18;
b) release from the detention center, if the interned person has turned 18.
(5) Concurrently with the replacement or release, the court shall order the observance of one or
several obligations provided under Art. 121, until reaching the duration of internment.
(6) If an underage offender, in ill-faith, does not observe the conditions for service of the measure
of daily assistance or the obligations ordered, the court shall reconsider the replacement or release,
and shall order service of the remaining measure of internment in a detention center.
(7) If, until completion of the internment period, a person not having turned 18, in whose respect
a measure of internment in a detention center was replaced by a measure of daily assistance,
commits a new offense, the court shall reconsider the replacement and shall order:
a) service of the remaining initial internment measure in a detention center;
b) extension of such internment as provided under par. (3).
Art. 126
Replacement of the penalty service regime
If, during the service of a custodial educational measure, an interned person who has turned 18
demonstrated conduct that has a negative impact on, or prevents the recovery or reintegration of
other interned persons, the Court may order the service of the rest of the educational measure in
prison.
Art. 127
Calculating the duration of educational measures
With regard to the custodial educational measures, the stipulations of Art. 71 - 73 shall apply
accordingly.
CHAPTER IV
Common stipulations
Art. 128
Effects of mitigating and aggravating circumstances
With respect to offenses committed while underage, mitigating and aggravating circumstances are
considered when ordering an educational measure and these are effective within the limits provided
by law for each educational measure.
Art. 129
Multiple offenses
(1) In case of multiple offenses committed while underage, a single educational measure is ordered
for all offenses, as under Art. 114, by observing the criteria under Art. 74.
(2) In case of two offenses, one of which is committed while underage and the other one after having
turned 18, an educational measure shall be ordered for the offense committed while underage and
a penalty shall be ordered for the offense committed after having turned 18, and:
a) in case of non-custodial educational measures, only the penalty shall be served;
b) in case of custodial educational measures, if the penalty is imprisonment, the imprisonment
shall apply and shall be extended by at least one-fourth of the duration of the educational
measure or of the remaining educational measure still to be served at the date of the offense
committed after having turned 18;
c) if the penalty ordered for an offense committed after having turned 18 is life imprisonment,
only this penalty shall be served;
d) in case of custodial educational measures, and the penalty consists of a fine, the educational
measure shall be served, and its duration shall be extended by no more than six months, by
observing the maximum term provided by law for such measure.
(3) With regard to the case provided under par. (2) let. b), the penalty served between the date of the
offense committed after having turned 18 and the trial date shall be deducted from the ordered
sentence.
(4) In case two or more multiple offenses are committed after having turned 18, the rules on multiple
offenses shall apply first and then the stipulations under par. (2) shall be applied.
(5) The penalty ordered pursuant to the stipulations of par. (2) let. b) may not be subject to
enforcement postponement or to suspension of service of a sentence under supervision.
Art. 130
Discovery of an offense committed while underage
If, during the supervision period for the postponement of a sentence enforcement, under suspension
of service of a penalty under supervision or during the probation period, it is discovered that a
person under supervision committed another offense while underage, for which a custodial
educational measure is ordered even after the expiry of such period, the postponement, suspension
or probation shall be rescinded and the stipulations under Art. 129 par. (2) - (4) shall apply
accordingly.
Art. 131
Criminal statute of limitations for underage offenders
In case of persons who are underage at the date the offense is committed, the statute of limitations
of criminal liabilitys provided under Art. 154 shall be reduced to half and shall be postponed or
suspended as provided by law for persons of age.
Art. 132
Statute of limitations for educational measures
(1) Non-custodial educational measures shall have a limitation term of two years, which runs from
the date the conviction sentence ordering them is final.
(2) Custodial educational measures shall have a limitation term equal to the duration of the relevant
educational measure, but no less than two years.
(3) The statute of limitations term of educational measures shall be interrupted and suspended as
provided by law for persons of age.
(4) In case of replacement of educational measures, service is limited to the statute of limitations
term of the most serious educational measure and runs from the date the conviction sentence
ordering them is final.
Art. 133
Effects of educational measures
Educational measures do not entail prohibitions, loss of rights or incapacities.
Art. 134
Underage offenders coming of age
(1) The stipulations under this Title shall also apply to offenders of age who, at the date the offense
is committed, were aged between 14 and 18.
(2) If an offender turned 18 at the date the decision ordering a custodial educational measure is
ruled, the Court, considering the possibility of rehabilitation of such offender, as well as the other
criteria provided under Art. 74, may order service of the educational measure in prison.
TITLE VI
Criminal liability of a legal entity
CHAPTER I
General stipulations
Art. 135 |15|
Conditions for the criminal liability of legal entities
(1) Legal entities, except for state and public authorities, shall have criminal liability for offenses
committed in the performance of the object of activity of legal entities or in their interest or behalf.
(2) Public institutions shall not be held criminally liable for offenses committed in the performance
of activities that cannot be the object of the private domain.
(3) Criminal liability of legal entities does not exclude the criminal liability of the individual
participating in the commission of the same act.
Art. 136
Penalties applicable to legal entities
(1) The penalties applicable to legal entities include main penalties and ancillary penalties.
(2) The main penalty is represented by fines.
(3) The ancillary penalties are:
a) winding-up of legal entities;
b) suspension of the activity or of one of the activities performed by the legal entity, for a term
between three months and three years;
c) closure of working points of the legal entity for a term between three months and three years;
d) prohibition to participate in public procurement procedures for a term between one and three
years;
e) placement under judicial supervision;
f) display or publication of the conviction sentence.
ART. 137 |16|
Calculating fines for legal entities
(1) A fine consists of the money a legal entity is ordered to pay to the State.
(2) The amount of the fine is determined based on the fine-days system. The amount corresponding
to the fine-days, varying between Lei 100 and 5000, shall be multiplied by the number of days
subject to the fine (between 30 and 600 days).
(3) The court shall decide on the number of days subject to the fine considering the general criteria
for the customization of penalty. The amount of the fine-days is determined by taking into account
the turnover (in case of for-profit legal entities), and the value of assets (in case of the other legal
entities), as well as other obligations of the legal entity.
(4) The special limits of the days subject to the fine range between:
a) 60 and 180 days, when only the penalty consisting of the fine is provided by law for the
offense committed;
b) 120 and 240 days, when the law provides a term of imprisonment of max. five years, as
such or as alternative to the fine;
c) 180 and 300 days, when the law provides a term of imprisonment of max. 10 years;
d) 240 and 420 days, when the law provides a term of imprisonment of max. 20 years;
e) 360 and 510 days, when the law provides a term of imprisonment exceeding 20 years or
life imprisonment.
(5) When the offense committed by legal entity was intended to the obtaining of a monetary benefit,
the special limits of the fine-days provided by law for the committed offense may be increased by
one-third, without exceeding the general maximum of the fine. When determining the fine, the value
of the monetary benefit obtained or sought shall be considered.
CHAPTER II
Rules of ancillary penalties applied to legal entities
Art. 138
Enforcement and service of ancillary penalties for legal entities
(1) The enforcement of one or more ancillary penalties is ordered when the court acknowledges that,
considering the nature and gravity of the offenses, as well as the circumstances of the case, such
penalties are necessary.
(2) The enforcement of one or more ancillary penalties is mandatory when the law stipulates such
penalty.
(3) The ancillary penalties provided under Art. 136 par. (3) let. b) - f) may be enforced cumulatively.
(4) The service of ancillary penalties starts after the relevant conviction sentence is final.
Art. 139
Dissolution of legal entities
(1) The ancillary penalty consisting of the dissolution of legal entity is enforced when:
a) a legal entity was incorporated for the purpose of committing offenses;
b) the objects of a legal entity were altered for the purpose of committing offenses, and the
penalty provided by law for the offense committed is a term of imprisonment exceeding 3 years.
(2) In case of failure to serve one of the ancillary penalties under Art. 136 par. (3) let. b) - e), in ill-faith, the Court shall order the dissolution of the legal entity.
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(3) *** Repealed
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Art. 140
Suspending the activity of legal entities
(1) The ancillary penalty consisting in suspending the activity of the legal entity implies the
prohibition to perform the activity or one of the activities of the legal entity, during the performance
of which the offense was committed.
(2) In case of failure to serve the ancillary penalty under Art. 136 let. f), in ill-faith, the court shall
order the activity or one of the activities of the legal entity suspended until the service of the
ancillary penalty, but no longer than three months.
(3) If the ancillary penalty is not served before the term provided under par. (2) is reached, the court
shall order the dissolution of the legal entity.
Art. 141
Non-enforcement of the penalty of dissolution or suspension of the activity of the legal entity
(1) The ancillary penalties provided under Art. 136 par. (3) let. a) and let. b) may not be enforced
against public institutions, political parties, trade unions, employers' associations, and religious
organizations or organizations of the national minorities, incorporated according to law.
(2) The stipulations under par. (1) shall apply to legal entities performing activities in the media.
Art. 142
Closure of operation locations of a legal entity
(1) The ancillary penalty consisting in the closure of operation locations of the legal entity implies
the closure of one or several operation locations of the for-profit legal entity, where the activity that
included the offense was performed.
(2) The stipulations under par. (1) shall not apply to legal entities performing activities in the mass-media.
Art. 143
Ban on taking part in public procurement tenders
The ancillary penalty of a ban on taking in public procurement tenders implies the prohibition to
participate, either directly or indirectly, in the procedures for the awarding of public contracts,
provided by law.
Art. 144
Placement under judicial supervision
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(1) The ancillary penalty of placement under judicial supervision consists of the performance, under
the supervision of a judicial agent, of the activity on the occasion of which the offense was
committed, for a period between one and three years.
(2) The judicial agent has the obligation to inform the Court when it finds that the legal entity failed
to take the necessary steps to prevent commission of new offenses. If the court finds the notification
to be grounded, it shall order the replacement of such penalty with the penalty provided under Art.
140.
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(3) The placement under judicial supervision shall not apply to legal entities provided under Art.
141.
Art. 145
Posting or publication of the conviction sentence
(1) The posting or publication of the final conviction sentence is done at the expense of the
sentenced legal entity.
(2) Disclosure of the identity of other persons is not allowed in the posting or publication of the
conviction sentence.
(3) The conviction sentence shall be posted as extract, in the manner and at the place decided by the
court, for a period between one and three months.
(4) The conviction sentence shall be posted as extract and in the manner decided by the court, by
means of the written or audiovisual media or using other audiovisual means of communication
indicated by court.
(5) If publication is made in the written or audiovisual media, the court shall decide on the number
of publications which may not be higher than ten; in case of publication using other audiovisual
means, such duration shall not exceed three months.
CHAPTER III
Common stipulations
Art. 146
Repeat offense in case of legal entities
(1) Repeat offense in the case of legal entities occurs when, after the conviction sentence is final and
before rehabilitation, the legal entity commits a new offense, with direct or oblique intent.
(2) In case of repeat offense, the special limits of the penalties provided by law for the new offense
shall be increased by half, without exceeding the general maximum for the fine penalty.
(3) If the prior fine is not served, either in whole or in part, the fine ordered for the new offense,
pursuant to par. (2), shall be added to the prior penalty or to the remaining part to be served.
(4) The stipulations under Art. 42 shall apply accordingly.
Art. 147
Mitigation and aggravation of the criminal liability of legal entities
(1) In case of multiple offenses, intermediary plurality or circumstances for mitigation or
aggravation of criminal liability, a legal entity shall be punished based on the rules provided by law
for individuals.
(2) In case of multiple offenses, ancillary penalties of different nature, except for dissolution, or of
the same nature but having a different content, shall be cumulated; in case of ancillary penalties of
the same nature and having the same comment, the most serious penalty shall be enforced.
(3) In case of multiple offenses, security measures enforced as per Art. 112 shall be cumulated.
Art. 148
Limitation of criminal liability
The liability of the legal entities is limited as provided by law for individuals; the stipulations under
Art. 153 - 156 shall apply accordingly.
Art. 149
Statute of limitations for serving penalties
(1) The statute of limitations term for the service of the fine penalty for legal entities is five years.
(2) The service of ancillary penalties enforced on legal entities is limited to a period of three years
which runs from the date the fine penalty was served or considered served.
(3) The stipulations under Art. 161, Art. 162 par. (2), Art. 163 and Art. 164 shall apply accordingly.
Art. 150
Rehabilitation of legal entities
The statutory rehabilitation of a legal entity occurs when such legal entity does not commit another
offense within three years as of the date the fine or the ancillary penalty was served or considered
served.
Art. 151
Effects of consolidation and demerger of legal entities
(1) In case of loss of legal personality by merger, absorption or demerger occurred after the offense
is committed, the criminal liability and the relevant consequences will rest upon:
a) the legal entity resulting from merger;
b) the absorbing legal entity;
c) the legal entities resulting from demerger or that acquired parts of the estate of the initial
legal entity subject to demerger.
(2) In the case provided under par. (1), when customizing the penalty, the turnover, the value of the
assets of the legal entity perpetrating the offense respectively, shall be considered, as well as the part
of the estate which was transferred to each legal entity participating in such operation.
TITLE VII
Causes that remove criminal liability
Art. 152
Effects of amnesty
(1) Amnesty removes criminal liability for the offense committed. If amnesty occurs after
sentencing, it removes both service of the ordered penalty and the other consequences of the
sentencing. The fine collected prior to the amnesty shall not be reimbursed.
(2) Amnesty has no impact on security measures and on the rights of the injured party.
Art. 153
Statute of limitations for criminal liability
(1) Limitation of liability removes criminal liability.
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(2) Limitation of liability does not remove criminal liability in case of:
a) genocide, offenses against humanity and war offenses, irrespective of the date when they
were committed;
b) the offenses provided under Art. 188 and 189 and of offenses committed with intent and
followed by the death of the victim.
(3) Furthermore, limitation of liability does not remove the criminal liability in case of the offenses
provided under par. (2) let. b) with respect to which the statute of limitations term, either general
or special, was not reached upon the coming into force of this stipulation.
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Art. 154
Statute of limitations for criminal liability
(1) The statute of limitations term for criminal liability is as follows:
a) 15 years, when the penalty provided by the law for the offense committed is life
imprisonment or a term of imprisonment exceeding 20 years;
b) 10 years, when the penalty provided by the law for the offense committed is a term of
imprisonment exceeding 10 years, but no more than 20 years;
c) 8 years, when the penalty provided by the law for the offense committed is a term of
imprisonment exceeding 5 years, but no more than 10 years;
d) 5 years, when the penalty provided by the law for the offense committed is a term of
imprisonment exceeding one year, but no more than 5 years;
e) 3 years, when the penalty provided by the law for the offense committed is a term of
imprisonment not exceeding one year or a fine.
(2) The statute of limitations terms stipulated under this article shall run as of the date the offense
is committed. In case of continuing offenses, the statute of limitations term runs as of the date the
action or inaction is ceased, in case of continuous offenses, as of the date the last action or inaction
is performed, and in case of habitual offenses, as of the date the last act is performed.
(3) In case of progressive offenses |*|, the statute of limitations of criminal liability runs as of the date
the action or inaction is performed and shall be computed in consideration of the penalty that is
appropriate for the final consequence it caused.
(4) In case of offenses against sexual freedom and integrity the victim of which is an underage
person, the liability limitation term runs as of the date the victim becomes of age. If the underage
person dies before becoming of age, the statute of limitations term runs as of the date of death.
Art. 155
Interruption of the statute of limitations
(1) The statute of limitations for criminal liability is interrupted as a result of the performance of any
step in the lawsuit.
(2) A new statute of limitations term shall run after each interruption.
(3) The interruption of the statute of limitations term produces effects with respect to all participants
in the offense, even if the interruption order only regards some of such participants.
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(4) The statute of limitations terms provided under Art. 154, if exceeded over again, shall be
considered completed irrespective of the number of interruptions.
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(5) The admission in principle of the request to reopen a criminal case causes a new statute of
limitations term of criminal liability to run.
Art. 156
Suspension of the statute of limitations
(1) The running of the statute of limitations of criminal liability is suspended for the duration when
a legal stipulation or a circumstance that could not be unforeseen or removed prevents the initiation
or continuation of the criminal process.
(2) The running of the statute of limitations term is resumed upon cessation of the suspension
grounds.
Art. 157 |17|
Absence of prior complaint
(1) In case of offenses requesting the victim to file a prior complaint for the initiation of the criminal
process, absence of such complaint removes criminal liability.
(2) The act causing damages to several persons entails criminal liability even if a prior complaint
is filed only by one of such persons.
(3) The act entails the criminal liability of all legal entities or individuals participating in the
performance of such act, even if the prior complaint was filed only against one of them.
(4) If the victim enjoys no mental competence or only enjoys limited mental competence or, if the
legal entity is represented by the perpetrator, the criminal lawsuit may be initiated ex officio.
(5) If the victim dies or, in case of legal entities, such legal person is dissolved before the expiry of
the term provided by the law for the filing of the complaint, the criminal lawsuit may be initiated
ex officio.
Art. 158
Withdrawal of a prior complaint
(1) Withdrawal of a prior complaint is possible before a final decision is returned, in case of offenses
for which initiation of criminal action is conditioned on filing a prior complaint, ruled.
(2) Withdrawal of a prior complaint removes criminal liability from the person with respect to the
person of the withdrawn complaint.
(3) In case of persons with no mental competence, the prior complaint may be withdrawn only by
the legal representatives of the same. In case of persons with limited mental competence, the
withdrawal shall be authorized by the persons provided by law.
(4) In case of offenses for which the criminal liability is conditioned on filing a prior complaint and
the criminal action was initiated ex officio, according to law withdrawal of the complaint causes
effects only if acknowledged by the prosecuting attorney.
Art. 159
Reconciliation
(1) Reconciliation may occur if the criminal action is initiated ex officio, if expressly provided by
law.
(2) Reconciliation removes criminal liability and cancels the civil action.
(3) Reconciliation is effective only with respect to the persons who agree to such reconciliation and
if it takes place before the legal action document is read.
(4) In case of persons with no mental competence, reconciliation may be agreed only by the legal
representatives of the same, whereas in case of persons with limited mental competence,
reconciliation is possible only if authorized by the persons provided by law.
(5) With respect to legal entities, reconciliation is reached by the legal or conventional representative
of the same or by the person appointed to replace the representative. Reconciliation between the
legal entity perpetrating the offense and the legal entity harmed by such offense has no impact on
the individuals who participated in the commission of the same offense.
(6) If the offense is committed by the representative of the legal entity harmed by such offense, the
stipulations under Art. 158 par. (4) shall apply accordingly.
TITLE VIII
Causes that remove or change service of penalty
Art. 160
Effects of pardon
(1) Pardon causes the removal, either in whole or in part, of the service or commutation of a penalty.
(2) Pardon has no impact on ancillary or non-custodial educational measures, unless otherwise
provided in the pardon document.
(3) Pardon has no impact on security measures and on the rights of the victim.
(4) Pardon has no impact on the penalties the service of which is suspended under supervision,
unless otherwise provided in the pardon document.
Art. 161
Statute of limitations of service of penalties
(1) The statute of limitations removes the service of a main penalty.
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(2) The statute of limitations does not remove the service of main penalties as follows:
a) in case of genocide, offenses against humanity or war offenses, irrespective of the date when
such offenses were committed;
b) in case of the offenses provided under Art. 188 and 189, as well as from the offenses
committed with intention, which resulted in the death of the victim.
(3) Furthermore, the statute of limitations does not remove the service of main penalties in case of
the offenses provided under par. (2) let. b) the statute of limitations term for the service of which
was not reached upon the entry into force of this stipulation.
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Art. 162
The statute of limitations of the service of penalty
(1) In case of individuals, the statute of limitations term for the service of a penalty is as follows:
a) 20 years, when the penalty to be served is life imprisonment or a term of imprisonment
exceeding 15 years;
b) 5 years, plus the term of the penalty to be served, but no more than 15 years, for all other
penalties represented by imprisonment;
c) 3 years, if the penalty is a fine.
(2) The statute of limitations term under Art. (1) runs as of the date the conviction sentence is final.
(3) In case of withdrawal or rescission of postponement of penalty enforcement, suspension of
service of a penalty under supervision or probation, the statute of limitations term runs as of the date
the decision on such withdrawal or rescission is final.
(4) In case of revocation of probation, as per Art. 104 par. (1), the statute of limitations term runs
as of the date the revocation decision is final and shall be computed proportional to the penalty
remained to be served.
(5) In case of replacement of the fine by imprisonment, the statute of limitations term runs as of the
date when the decision on such change is final and shall be computed considering the duration of
the imprisonment.
(6) Ancillary penalties enforced to individuals, as well as security measures, do not have a limitation
term.
(7) Penalty to be served shall mean the penalty ordered by the court, considering the subsequent
causes for the amending of such penalty.
Art. 163
Interruption of the statute of limitations term for the service of penalty
(1) The statute of limitations term for the service of a penalty is interrupted by the initiation of the
service of such penalty. Absconding from the service, upon initiation of service, shall cause a new
limitation term to run as of the date of the absconding.
(2) The statute of limitations term for the service shall also be interrupted by commission of a new
offense.
(3) The statute of limitations term for the service of a penalty by fine shall also be interrupted by
change of the obligation to pay with the obligation to perform unpaid community service.
Art. 164
Suspension of the statute of limitations term for the service of penalty
(1) The statute of limitations term for the service of a penalty is suspended in the cases and as
provided by the Criminal procedure code.
(2) The statute of limitations term is resumed when the suspension cause ceases.
TITLE IX
Causes that remove consequences from conviction
Art. 165
Statutory rehabilitation
In case of a fine, as well as in case of imprisonment for a period of no more than two years or of
imprisonment the service of which was suspended under supervision, statutory rehabilitation occurs
if the convict does not commit another offense within a period of three years.
Art. 166
Judicial rehabilitation
(1) Rehabilitation may occur upon request by the convict filed with the court, upon completion of
the following terms:
a) 4 years, in case of a penalty to a term of imprisonment exceeding 2 years, but no more than
5 years;
b) 5 years, in case of a penalty to a term of imprisonment exceeding 5 years, but no more than
10 years;
c) 7 years, in case of a penalty to a term of imprisonment exceeding 10 years or in case of life
imprisonment, changed or replaced by imprisonment;
d) 10 years, in case of life imprisonment considered served as a result of pardon, completion
of the statute of limitations term for the service of penalty, or probation.
(2) In case of a convict who dies before the completion of the term necessary for rehabilitation,
rehabilitation may occur if the Court, upon assessing the conduct of the convict until death,
considers that this benefit is deserved.
Art. 167
Computing of rehabilitation terms
(1) The terms provided under Art. 165 and Art. 166 run as of the date when the service of the main
penalty is completed or as of the date limitation term for such penalty is reached.
(2) In case of a fine, the term runs as of the date the fine is entirely paid or the service of such
penalty is completed in another manner.
(3) In case of total pardon or pardon of the remaining penalty, the term runs as of the date of the
pardon document, if the conviction sentence was final at that date, or as of the date the conviction
sentence is final, if the pardon document relates to offenses pending trial.
(4) In case of suspension of the service of a penalty under supervision, the term runs as of the date
the supervision period is completed.
(5) In case of consecutive sentencing, the rehabilitation term shall be computed considering the most
serious penalty and runs as of the date when the last penalty is served.
Art. 168
Requirements for judicial rehabilitation
A judicial rehabilitation request is admitted if the convict meets the following requirements:
a) has not committed another offense during the term provided under Art. 166;
b) has paid entirely the legal expenses and has complied with the civil duties set by the
conviction sentence, unless the convict proved the impossibility to do so or when the civil
plaintiff waived damages.
Art. 169
Effects of statutory or judicial rehabilitation
(1) Rehabilitation removes loss of rights and prohibitions, as well as the lack of capacity resulting
from the sentence.
(2) Rehabilitation does not bring an obligation to reinstate the convicted person to the position they
were removed from by conviction, or to reinstate the military rank that was lost.
(3) Rehabilitation does not impact the security measures.
Art. 170
Renewal of the judicial rehabilitation request
(1) In case of denial of the rehabilitation request, a new request may be filed only after a period of
one year, calculated as of the date prior to the request being denied by final decision.
(2) The requirements provided under Art. 168 shall be also met during the time frame preceding the
new request.
(3) The request denied for incompliance with the requirements of form may be renewed as per the
Criminal Procedure Code.
Art. 171
Rescission of rehabilitation
Judicial rehabilitation shall be rescinded when, upon granting it, it is discovered that the beneficiary
of the rehabilitation committed another offense which, if the court had been aware of, would have
lead to the denial of the rehabilitation request.
TITLE X
Definition of terms or phrases in Criminal Law
Art. 172
General stipulations
Each time criminal law uses a term of phrase mentioned in this title, the meaning of such term or
phrase shall be the one indicated in the following article, unless otherwise provided by criminal law.
Art. 173
Criminal law
Criminal law means any criminal stipulation included in organic laws, emergency orders or other
regulatory acts which, at the date they were adopted, had legal power.
Art. 174
Commission of an offense
The commission or perpetration of an offense means the performance of any of the acts punished
by law as completed offense or attempted offense, as well as the participation in the commission of
the same, as co-author, instigator or accomplice.
Art. 175
Public servant
(1) For the purposes of criminal law, public servant is the person who, on a permanent or temporary
basis, with or without remuneration:
a) shall exercise the duties and responsibilities, set under the law, to implement the prerogatives
of the legislative, executive or judiciary branches;
b) shall exercise a function of public dignity or a public office irrespective of its nature;
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c) shall exercise, alone or jointly with other persons, within a public utility company, or another
economic operator or a legal entity owned by the state alone or whose majority shareholder the
state is, responsibilities needed to carry out the activity of the entity.
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(2) At the same time, for the purposes of criminal law, the following shall be deemed a public
servant: the person who supplies a public-interest service, which they have been vested with by
the public authorities or who shall be subject to the latter's control or supervision with respect
to carrying out such public service.
Art. 176
Public
The term Public designates everything relating to public authorities, public institutions or other legal
entities managing or exploiting public assets.
Art. 177
Family member
(1) Family member means:
a) ascendants and descendants, brothers and sisters, their children, as well as the persons
becoming such relatives as a result of adoption;
b) spouse;
c) persons establishing relations similar to those existing between spouses or between parents
and children, if cohabiting.
(2) In case of adoption, criminal law stipulations on family members, to the extent provided under
par. (1) let. a), shall also apply to the adopted person or the descendants of the same, with respect
to kin.
Art. 178
Information classified as state secret and official documents
(1) Information classified as state secret is the information designated as such under the law.
(2) Official documents mean any document emanating from the legal entities provided under Art.
176 or from the persons provided under Art. 175 par. (2) or pertaining to such persons.
Art. 179
Weapons
(1) Weapons mean tools, devices or parts declared as such by legal stipulations.
(2) Any other objects likely to be used as weapons and which have been used for attacks shall be
assimilated to weapons.
Art. 180
Electronic payment devices
Electronic payment devices mean tools allowing the holder to withdraw cash, charge and discharge
an electronic currency device, as well as transfer funds, other than the ones managed and performed
by financial institutions.
Art. 181
Computer systems and digital data
(1) Computer systems mean any device or group of (functionally) interconnected devices, where one
or several of such systems ensure automatic processing of data, using a computer program.
(2) Digital data means any representation of facts, information or concepts in a manner which allows
processing by means of a computer system.
Art. 182
Exploitation of a person
Exploitation of a person means:
a) forcing a person to carry out work or a task;
b) enslavement or other similar procedures to deprive of freedom or place in bondage;
c) forcing persons into prostitution, pornography, in view of obtaining and distributing
pornographic material or any other types of sexual exploitation;
d) forcing into mendicancy;
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e) illegal collection of body organs, tissues or other cells.
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Art. 183
Extremely serious consequences
Extremely serious consequences mean a material damage in excess of RON 2,000,000.
Art. 184
Act committed in public
Acts are committed in public if committed:
a) in a place which, by its nature or intended use, is always accessible to the public, even if no
person is present;
b) in any other place accessible to the public, if two or more persons are present;
c) in a place inaccessible to the public, but with the intention of making the act heard or seen
by the public, and if such act is performed in the presence of two or more persons;
d) during a meeting or reunion of several persons, except for reunions which may be considered
family reunions considering the nature of the relationship between the participants.
Art. 185
Wartime
Wartime mean the duration of mobilization of armed forces or the duration of the state of war.
Art. 186
Computing time
(1) For the computing of time, a 24-hour day, a 7-day week, and a 12-month year shall be
considered. A month and a year shall be considered complete a day before the day corresponding
to the date considered as the beginning of that month or year.
(2) If the penalty limit is expressed in terms using "month" as reference, which cannot be divided
by the increment for the increase or reduction which should be applied, the increment shall be
applied to the term converted into days, and the resulted duration shall be converted into months.
In this case, a month is considered to have 30 days, any only the entire days resulting from the
application of the increment shall be considered.
(3) In case of penalties expressed in years, the stipulations under par. (2) shall apply accordingly,
the conversion being made between months and years.
Art. 187
Penalty provided by law
Penalty provided by law means the penalty stipulated by the text of the law incriminating the
completed offense, not considering the circumstances for the aggravation or mitigation of the
penalty.
SPECIAL PART
TITLE I
Offense against the person
CHAPTER I
Offenses against life
Art. 188
Murder
(1) Murdering an individual shall be punishable by no less that 10 and no more than 20 years of
imprisonment and a ban on the exercise of certain rights.
(2) The attempt shall be also punishable.
Art. 189 |18|
Aggravated murder
(1) Murder committed under any of the following circumstances:
a) with premeditation;
b) for a material interest;
c) in order to avoid or to help another individual avoid criminal liability or the service of a
sentence;
d) in order to facilitate or conceal the commission of another offense;
e) by an individual who committed other murders or attempted murders previously;
f) against two or more individuals;
g) against a pregnant woman;
h) with cruelty,
shall be punished by life imprisonment or no less than 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
(2) The attempt shall be also punishable.
Art. 190
Killing upon request by the victim
Killing committed upon explicit serious, conscious and repeated request by a victim suffering from
an incurable disease or from a serious impairment, attested medically, which causes permanent and
unbearable suffering shall be punishable by no less than 1 and no more than 5 years of
imprisonment.
Art. 191
Determining or facilitating suicide
(1) An act of determining or facilitating the suicide of an individual, if the suicide has taken place,
shall be punishable by no less than 3 and no more than 7 years of imprisonment.
(2) When the act specified by par. (1) was committed against a juvenile between 13 and 18 years
of age or against a person having a reduced competence, the penalty shall be no less than 5 and no
more than 10 years of imprisonment.
(3) Determining or facilitating the suicide of a underage person who did not reach the age of 13 or
of a person who was unable to realize the consequences of their actions or inactions or to control
them, if suicide has taken place, shall be punishable by no less than 10 and no more than 20 years
of imprisonment and a ban on the exercise of certain rights.
(4) If actions of determining or facilitating suicide set under par. (1) - (3) were followed by a suicide
attempt, the special limits of the penalty shall be reduced down to half.
Art. 192
Manslaughter
(1) Manslaughter of an individual shall be punishable by no less than 1 and no more than 5 years
of imprisonment.
(2) Manslaughter as a result of failure to observe the legal stipulations or precautionary measures
established for the practice of a profession or of a craft or for the performance of a specific activity
shall be punishable by no less than 2 and no more than 7 years of imprisonment. When a breach of
the legal stipulations or of precautionary measures represents an offense in itself, the rules on
multiple offenses shall apply.
(3) If a committed act caused the death of two or more individuals, the special limits of the penalty
set under par. (1) and par. (2) shall be increased by one-half.
CHAPTER II
Offenses against bodily integrity or health
Art. 193
Battery and other acts of violence
(1) Battery or any other acts of violence causing physical suffering shall be punishable by no less
than 3 months and no more than 2 years of imprisonment or by a fine.
(2) An act causing traumatic injuries or affecting the health of an individual, the seriousness of
which is assessed based on medical-care days of maximum 90 days, shall be punishable by no less
than 6 months and no more than 5 years of imprisonment or by a fine.
(3) The criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 194
Bodily harm
(1) The act set by Art. 193, which caused any of the fallowing consequences:
a) an impairment;
b) traumatic injuries or health impairment of an individual the healing of which required more
than 90 medical care days;
c) a serious and permanent aesthetic injury;
d) miscarriage;
e) endangering of an individual's life,
shall be punishable by no less than 2 and no more than 7 years of imprisonment.
(2) When such act was committed for the purpose of causing any of the consequences listed under
par. (1) lett. a), lett. b) and lett. c), it shall be punishable by no less than 3 and no more than 10 years
of imprisonment.
(3) The attempt to commit the offense set under par. (2) shall be punishable.
Art. 195
Battery and bodily harm causing death
If any of the acts set by Art. 193 and Art. 194 result in the death of the victim, the penalty shall be
no less than 6 and no more than 12 years of imprisonment.
Art. 196
Bodily harm with basic intent
(1) The act set by Art. 193 par. (2) committed with basic intent by a person under the influence of
alcohol or of a psychoactive substance or during the performance of an activity that represents an
offense in itself shall be punishable by no less than 3 months and no more than 1 year of
imprisonment or by a fine.
(2) The act set by Art. 194 par. (1) committed with basic intent shall be punishable by no less than
6 months and no more than 2 years of imprisonment or by a fine.
(3) When the act set by par. (2) was committed as a result of failure to observe the legal stipulations
or precautionary measures established for the practice of a profession or of a craft or for the
performance of a specific activity, the penalty shall be no less than 6 months and no more than 3
years of imprisonment.
(4) If the consequences listed under par. (1) - (3) were caused against two or more individuals, the
special limits of the penalty shall be increased by one-third.
(5) If failure to observe the legal stipulations or precautionary measures or the performance of an
activity that resulted in the commission of the acts set by par. (1) and par. (3) represents an offense
in itself, the rules on multiple offenses shall apply.
(6) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 197
Ill treatments applied to underage persons
Serious jeopardy, through measures or treatments of any kind, of the physical, intellectual or moral
development of an underage person, by parents or by any person under whose care the underage
person is, shall be punishable by no less than 3 and no more than 7 years of imprisonment and a ban
on the exercise of certain rights.
Art. 198
Brawling
(1) Participation in a brawl between several individuals shall be punishable by no less than 3 months
and no more than 1 year of imprisonment or by a fine.
(2) If during a brawl bodily harm were caused to one or more individuals and the participant who
caused such consequences is not known, a term of no less than 1 and no more than 5 years of
imprisonment shall be applied to all participants, except for the victim, who is held liable as per par.
(1).
(3) When an act committed as per par. (2) caused the death of an individual, the penalty shall be no
less than 6 and no more than 12 years of imprisonment, and if such act caused the death of two or
more individuals, the special limits of the penalty shall be increased by one-third.
(4) An individual who was caught in a brawl against their will, or who tried to separate others shall
not be punishable.
CHAPTER III
Offenses against a family member
Art. 199
Domestic violence
(1) If the acts set by Art. 188, Art. 189 and Art. 193- 195 are committed against a family member,
the special maximum term of the penalty set by law shall be increased by one-fourth.
(2) In case of offenses set by Art. 193 and Art. 196 committed against a family member, a criminal
action may be initiated also ex officio. Reconciliation shall eliminate criminal liability.
Art. 200
Killing or harming of a newly-born baby by their mother
(1) Killing of a newly-born baby immediately after birth, but no later than 24 hours, committed by
a mother who is in a state of mental disorder shall be punishable by no less than 1 and no more than
5 years of imprisonment.
(2) If the acts set by Art. 193 - 195 are committed against a newly-born baby immediately after birth,
but no later than 24 hours, by a mother who is in a state of mental disorder, the special limits of the
penalty shall range between one month and 3 years, respectively.
CHAPTER IV
Assault on a fetus
Art. 201
Termination of pregnancy
(1) Termination of pregnancy committed under any of the following circumstances:
a) outside medical facilities or offices authorized for this purpose;
b) by a person who does not have the capacity as physician specialized in obstetrics and
gynecology and a license for medical practice in this specialty;
c) if the length of pregnancy exceeded fourteen weeks, the punishment shall be of no less than
6 months and no more than 3 years of imprisonment or a fine and a ban on the exercise of
certain rights.
(2) Termination of pregnancy, committed under any circumstances, without the consent of the
pregnant woman, shall be punishable by no less than 2 and no more than 7 years of imprisonment
and a ban on the exercise of certain rights.
(3) If the acts set under par. (1) and par. (2) caused bodily harm to a pregnant woman, the penalty
shall be no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of
certain rights, and if such acts resulted in a pregnant woman's death, the penalty shall be no less than
6 and no more than 12 years of imprisonment and a ban on the exercise of certain rights.
(4) When such acts were committed by a physician, in addition to the imprisonment penalty, a
prohibition to practice their profession shall apply.
(5) The attempt to commit the offenses set under par. (1) and par. (2) shall be punishable.
(6) Termination of pregnancy for therapeutic purposes performed by a physician specialized in
obstetrics and gynecology, up to the pregnancy length of twenty four weeks, or subsequent
termination of pregnancy for therapeutic purposes, in the interest of the mother or of the fetus, shall
not constitute an offense.
(7) A pregnant woman who terminates her own pregnancy shall not be punishable.
Art. 202
Harming the fetus
(1) Harming the fetus during birth, which prevented installation of extrauterine life shall be
punishable by no less than 3 and no more than 7 years of imprisonment.
(2) Harming the fetus during birth, which subsequently caused a bodily harm to the baby, shall be
punishable by no less than 1 and no more than 5 years of imprisonment, and if it resulted in the
baby's death, the penalty shall be no less than 2 and no more than 7 years of imprisonment.
(3) Harming the fetus during pregnancy, which subsequently caused a bodily harm to the baby, shall
be punishable by no less than 3 months and no more than 2 years of imprisonment, and if it resulted
in the baby's death, it shall be punishable by no less than 6 months and no more than 3 years of
imprisonment.
(4) Harming the fetus during birth by a mother who is in a state of mental disorder shall be punished
by the penalty set at par. (1) and par. (2), the limits of which shall be reduced to one-half.
(5) If the acts set by par. (1) - (4) were committed with basic intent, the special limits of the penalty
shall be reduced to one-half.
(6) The acts listed under par. (1) - (3) performed by a physician or by a person authorized to assist
to birth or to monitor pregnancy, if performed during a medical act, in compliance with the
stipulations specific to this practice and were performed in the interest of a pregnant woman or a
fetus as a result of the risks inherent to the medical profession, shall not constitute offenses.
(7) A fetus injury during pregnancy by a pregnant woman shall not be punishable.
CHAPTER V
Violations of the obligation to assist persons in danger
Art. 203
Abandoning an individual in distress
(1) Failure to provide the necessary help or to announce forthwith the authorities by a person who
found an individual whose life, bodily integrity or health is threatened and is unable to save
themselves shall be punishable by no less than 3 months and no more than 1 year of imprisonment
or by a fine.
(2) Such act does not constitute an offense if, by providing such help, the author would expose
themselves to a serious danger to their life, bodily integrity or health.
Art. 204
Obstruction of rescue
Obstruction of rescue interventions in saving an individual from an imminent and serious threat to
their life, bodily integrity or health shall be punishable by no less than 1 and no more than 3 years
of imprisonment or by a fine.
CHAPTER VI
Offenses against individual freedom
Art. 205
Illegal deprivation of freedom
(1) Illegal deprivation of freedom of an individual shall be punishable by no less than 1 and no more
than 7 years of imprisonment.
(2) The kidnapping of an individual unable to express their will or to defend themselves shall also
constitute deprivation of freedom.
(3) If such act is committed:
a) by an armed person;
b) against a underage person;
c) by jeopardizing the victim's health or life, it shall be punishable by no less than 3 and no
more than 10 years of imprisonment.
(4) If such act resulted in the victim's death, it shall be punishable by no less than 7 and no more
than 15 years of imprisonment and a ban on the exercise of certain rights.
(5) The attempt to commit the offenses set under par. (1) - (3) shall be punishable.
Art. 206
Threats
(1) The act of threatening an individual with the commission of an offense or of a prejudicial act
against them or other individual, if this is of nature to cause a state of fear, shall be punishable by
no less than 3 months and no more than 1 year of imprisonment or by a fine; however, the applied
penalty may not exceed the penalty established by law for the offense that was the subject matter
of the threat.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 207
Blackmail
(1) Coercion of an individual to give, to do, not do, or suffer something for the purpose of
unlawfully acquiring a non-financial benefit, for themselves or for another individual, shall be
punishable by no less than 1 and no more than 5 years of imprisonment.
(2) The same penalty shall apply to a threat to disclose a real or fictitious fact that is compromising
for the threatened individual or for a member of their family, for the purpose set under par. (1).
(3) If the acts set by par. (1) and par. (2) were committed for the purpose of deriving a financial
benefit, for themselves or for another individual, they shall be punishable by no less than 2 and no
more than 7 years of imprisonment.
Art. 208
Harassment
(1) The act of an individual who repeatedly, with or without a right or legitimate interest, pursues
an individual or supervises their domicile, working place or other places attended by the latter, thus
causing to them a state of fear, shall be punishable by no less than 3 and no more than 6 months of
imprisonment or by a fine.
(2) Making of phone calls or communications through remote communication devices which,
through their frequency or content, cause a state of fear to an individual, shall be punishable by no
less than 1 and no more than 3 months of imprisonment or by a fine, unless such act represents a
more serious offense.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
CHAPTER VII
Trafficking in, and exploitation of vulnerable persons
Art. 209
Slavery
Pressing of keeping an individual in a state of slavery, as well as the trafficking in slaves shall be
punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the exercise
of certain rights.
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ART. 210
Trafficking in human beings
(1) Recruitment, transportation, transfer, harboring or receipt of persons for exploitation purposes:
a) by means of coercion, abduction, deception, or abuse of authority;
b) by taking advantage of the inability of a person to defend themselves or to express their will
or of their blatant state of vulnerability;
c) by offering, giving and receiving payments or other benefits in exchange for the consent of
an individual having authority over such person,
shall be punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the
exercise of certain rights.
(2) Trafficking in human beings committed by a public servant in the exercise of their professional
duties and prerogatives shall be punishable by no less than 5 and no more than 12 years of
imprisonment.
(3) The consent expressed by an individual who is a victim of trafficking does not represent an
acceptable defense.
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ART. 211
Trafficking in underage persons
(1) Recruitment, transportation, transfer, harboring or receipt of a juvenile for the purpose of their
exploitation shall be punishable by no less than 3 and no more than 10 years of imprisonment and
a ban on the exercise of certain rights.
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(2) If such act was committed under the terms of Art. 210 par. (1) or by a public servant while in the
exercise of their professional duties and prerogatives, it shall be punishable by no less than 5 and
no more than 12 years of imprisonment and a ban on the exercise of certain rights.
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(3) The consent expressed by an individual who is a victim of trafficking does not represent a
acceptable defense.
Art. 212
Pressing into forced or compulsory labor
An act of compelling a person, in cases other than the ones established by the legal stipulations, to
work against their will or to compulsory labor shall be punishable by no less than 1 and no more
than 3 years of imprisonment.
Art. 213
Pandering
(1) The causing or facilitation of the practice of prostitution or the obtaining of financial benefits
from the practice of prostitution by one or more individuals shall be punishable by no less than 2
and no more than 7 years of imprisonment and a ban on the exercise of certain rights.
(2) In the event that a person was determined to engage in or continue the practice of prostitution
through coercion, the penalty shall be no less than 3 and no more than 10 years of imprisonment and
a ban on the exercise of certain rights.
(3) If such acts are committed against an underage person, the special limits of the penalty shall be
increased by one-half.
(4) Practicing prostitution means having sexual intercourse with various individuals for the purpose
obtaining financial benefits for oneself or for others.
Art. 214
Exploitation of beggary
(1) An act of an individual who causes a juvenile or a person having physical or psychic disabilities
to resort repeatedly to the public's pity in order to ask for material help or benefits from financial
benefits from such activity shall be punishable by no less than 6 months and no more than 3 years
of imprisonment or by a fine.
(2) If such act is committed in the following situations:
a) by a parent, guardian, curator or by the person under whose care the begging person is;
b) by means of coercion,
it shall be punishable by no less than 1 and no more than 5 years of imprisonment.
Art. 215
Use of underage persons for mendicancy
The action of a person who is of age and has the capacity to work, who resorts repeatedly to the
public's pity in order to ask for material help, by using the presence of a juvenile for this purpose,
shall be punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine.
Art. 216
Use of an exploited person's services
The action of using the services listed under Art. 182, provided by a person about whom the
beneficiary knows that they are a victim of trafficking in human beings or of trafficking of underage
persons, shall be punishable by no less than 6 months and no more than 3 years of imprisonment or
by a fine, unless such action is a more serious offense.
Art. 217
Punishing the attempt
The attempt to commit the offenses set forth by Art. 209-211and Art. 213 par. (2) shall be
punishable.
CHAPTER VIII
Offenses against sexual freedom and integrity
Art. 218
Rape
(1) Sexual intercourse, oral or anal intercourse with a person, committed by constraint, by rendering
the person in question unable to defend themselves or to express their will or by taking advantage
of such state, shall be punishable by no less that 3 and no more than 10 years of imprisonment and
a ban on the exercise of certain rights.
(2) The same penalty shall apply to any act of vaginal or anal penetration committed under par. (1).
(3) It shall be punishable by no less than 5 and no more than 12 years of imprisonment and a ban
on the exercise of certain rights, when:
a) the victim is entrusted to the perpetrator for care, protection, education, guard or treatment;
b) the victim is a direct-line relative, a brother or sister;
c) the victim has not turned 16 years;
d) the act was committed for the production of pornographic materials;
e) the act resulted in bodily harm;
f) the act was committed by two or more individuals, acting together.
(4) If such act resulted in the victim's death, it shall be punishable by no less than 7 and no more
than 18 years of imprisonment and a ban on the exercise of certain rights.
(5) Criminal action for the act set by par. (1) and par. (2) shall be initiated based on a prior
complaint filed by the victim.
(6) The attempt to commit the offenses set out in par. (1) - (3) shall be punishable.
Art. 219
Sexual assault
(1) An act that is sexual in nature, other than those set out under Art. 218, with a person, committed
by constraint, by rendering the person in question unable to defend themselves or to express their
will or by taking advantage of such state, shall be punishable by no less than 2 and no more than 7
years of imprisonment and a ban on the exercise of certain rights.
(2) The penalty shall be no less than 3 and no more than 10 years of imprisonment and a ban on the
exercise of certain rights, when:
a) the victim is entrusted to the perpetrator for care, protection, education, guard or treatment;
b) the victim is a direct-line relative, a brother or sister;
c) the victim has not turned 16 years of age;
d) the act was committed for the production of pornographic material;
e) the act resulted in bodily harm;
f) the act was committed by two or more individuals, acting together.
(3) If such act resulted in the victim's death, it shall be punishable by no less than 7 and no more
than 15 years of imprisonment and a ban on the exercise of certain rights.
(4) If the sexual assault acts were preceded or followed by the commission of the sexual intercourse
set out in Art. 218 par. (1) and par. (2), such act shall constitute rape.
(5) Criminal action for the act set by par. (1) shall be initiated based on a prior complaint filed by
the victim.
(6) The attempt to commit the offenses set out in par. (1) and par. (2) shall be punishable.
Art. 220
Sexual intercourse with a juvenile
(1) Sexual intercourse, oral or anal sex, as well as any act of vaginal or anal penetration committed
with a juvenile aged 13 to 15 shall be punishable by no less than 1 and no more than 5 years of
imprisonment.
(2) The act set by par. (1), committed on a juvenile who has not turned 13 years of age, shall be
punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise
of certain rights.
(3) The act set by par. (1), committed by a person of age with a juvenile aged 13 to 18, when the
former abused their authority or influence over the victim, shall be punishable by no less than 2 and
no more than 7 years of imprisonment and a ban on the exercise of certain rights.
(4) The act set by par. (1) - (3) shall be punishable by no less that 3 and no more than 10 years of
imprisonment and a ban on the exercise of certain rights, when:
a) the juvenile is a direct-line relative, a brother or sister;
b) the juvenile is entrusted to the perpetrator for care, protection, education, guard or treatment;
c) the act was committed for the production of pornographic materials.
(5) The acts set out in par. (1) and par. (2) shall not be punishable if the age difference does not
exceed 3 years.
Art. 221
Sexual corruption of juveniles
(1) The commission of an act that is sexual in nature, other than the one set out in Art. 220, against
a juvenile who has not turned 13 of age, as well as determining a juvenile to endure or carry out such
an act shall be punishable by no less than 1 and no more than 5 years of imprisonment.
(2) The penalty shall be no less than 2 and no more than 7 years of imprisonment and a ban on the
exercise of certain rights, when:
a) the juvenile is a direct-line relative, a brother or sister;
b) the juvenile is entrusted to the perpetrator for care, protection, education, guard or treatment;
c) the act was committed for the production of pornographic materials.
(3) The sexual act of any nature, committed by a person of age in the presence of a juvenile who has
not turned 13 shall be punishable by no less than 6 months and no more than 2 years of
imprisonment or by a fine.
(4) Determination of a juvenile who has not yet turned 13 years of age, by a person of age, to assist
to the commission of acts that are exhibitionist in nature or to shows or performances in which
sexual acts of any kind are committed, and making materials that are pornographic in nature
available to the juvenile shall be punishable by no less than 3 months and no more than 1 year of
imprisonment or by a fine.
(5) The acts set out in par. (1) shall not be punishable if the age difference does not exceed 3 years.
Art. 222
Recruitment of juveniles for sexual purposes
The act of an individual of age to propose that a juvenile who has not yet turned 13 years of age to
meet for the purposes of the commission of one of the acts set out in Art. 220 or Art. 221, including
when such proposal has been made using remote communication means, shall be punishable by no
less than 1 month and no more than 1 year of imprisonment or by a fine.
Art. 223
Sexual harassment
(1) Repeatedly soliciting sexual favors as part of an employment relationship or a similar
relationship, if by so doing the victim was intimidated or placed in a humiliating situation, shall be
punishable by no less than 3 months and no more than 1 year of imprisonment or by a fine.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
CHAPTER IX
Offenses against home and private life
Art. 224
Trespassing
(1) Unlawfully entering, in any way, a house, a room, an outbuilding or any fenced premises related
to them, without the consent of the individual who uses them, or the refusal to leave them upon
request shall be punishable by no less than 3 months and no more than 2 years of imprisonment or
by a fine.
(2) If the offense is committed by an individual carrying a weapon, during night time, or by using
false capacities, the penalty shall be no less than 6 months and no more than 3 years of
imprisonment.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 225
Trespassing in professional offices
(1) Unlawfully entering, in any way, any of the offices where a legal entity or a natural person
carries out their business or the refusal to leave them upon the request of the entitled person shall
be punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine.
(2) If the offense is committed by an individual carrying a weapon, during night-time, or by using
false capacities, the penalty shall be no less than 6 months and no more than 3 years of
imprisonment.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 226
Violation of privacy
(1) The unlawful violation of privacy, by photographing, capturing or recording images, by listening
using technical means or by recording audio of an individual, in a house or room or outbuilding
related to them or to a private conversation shall be punishable by no less than 1 month and no more
than 6 months of imprisonment or by a fine.
(2) The unlawful disclosure, dissemination, presentation or transmission of sounds, conversations
or images set out in par. (1) to another person or to the general public shall be punishable by no less
than 3 months and no more than 2 years of imprisonment or by a fine.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
(4) The following do not constitute offenses:
a) the act committed by the individual who attended the meeting with the victim during which
the sounds and conversations were recorded and photos were taken, if there is a legitimate
interest;
b) if the victim has acted with the explicit intention to be seen or heard by the perpetrator;
c) if the perpetrator has records of the commission of an offense or helps prove that an offense
was committed;
d) if public-interest acts are recorded, which are meaningful to the life of the community and
whose disclosure has public advantages that outweigh the damage to the victim.
(5) Unlawfully installing technical means for audio or video recording, in order to commit the acts
set out in par. (1) and par. (2), shall be punishable by no less than 1 and no more than 5 years of
imprisonment.
Art. 227
Disclosure of professional secrecy
(1) The disclosure, without right, of data or information regarding the privacy of an individual,
which might bring harm to an individual, by someone who has knowledge thereof by virtue of
profession or office, and who has the obligation to maintain the confidentiality of said data, shall
be punishable by no less than 3 months and no more than 3 years of imprisonment or by a fine.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
TITLE II
Offenses against property
CHAPTER I
Theft
Art. 228
Theft
(1) The act of taking a movable asset from another person's possession or control, without the
latter's consent, in order to unlawfully appropriate it, shall be punishable by no less than 6 months
and no more than 3 years of imprisonment or by a fine.
(2) The action is a theft also when the asset belongs fully or partly to the perpetrator, buy at the time
of commission the asset in question was in the legitimate possession or control of another person.
(3) Any document, electrical energy, as well as any form of energy that has an economic value, shall
be deemed movable assets.
Art. 229
Aggravated theft
(1) The theft committed under the following circumstances:
a) in a public transportation vehicle;
b) during the night;
c) by a person wearing a mask or in disguise or in a costume;
d) by forced entry, climbing or by unlawful use of a genuine key or a counterfeit key,
e) by disabling the alarm or surveillance system,
shall be punishable by no less than 1 and no more than 5 years of imprisonment.
(2) If the theft was committed under the following circumstances:
a) on an asset that is part of the cultural heritage;
b) by trespassing in a domicile or professional office;
c) by a person carrying a weapon,
it shall be punishable by no less than 2 and no more than 7 years of imprisonment.
(3) Theft regarding the following categories of assets:
a) crude oil, kerosene, condensate, liquid ethane, gasoline, Diesel oil, other oil products or
natural gases from pipes, storage facilities, tanks or tanker train cars;
b) components of irrigation systems;
c) components of electrical networks;
d) a device or system for signaling, alarm or alert in case of fire or other public emergencies;
e) a means of transportation or any other means of intervention for a fire, for railroad, road,
naval or air accidents, or in case of disaster;
f) installations for railway, road, naval, air traffic security and direction, and their components,
as well as the components of the related means of transportation;
g) assets whose appropriation jeopardizes the security of traffic and individuals on public roads;
h) cables, lines, equipment and installations of telecommunication, radio communication, as
well as communication components
shall be punishable by no less that 3 and no more than 10 years of imprisonment.
Art. 230
Stealing for personal use
(1) The theft of a vehicle, committed for the unlawful use thereof, shall be punished as set out in Art.
228 or Art. 229, as applicable, the special limits which are reduced by one-third.
(2) The penalty provided for in par. (1) shall be applied to the unlawful use of a communication
terminal belonging to another or the use of a communication terminal unlawfully connected to a
network, if a loss occurred.
#M3
ART. 231
Prior complaint and reconciliation
(1) The acts set out in this chapter, committed between family members, by a juvenile against his
guardian or by a person living together with the victim or who is a guest in the latter's house, shall
be punished only based on a prior complaint by the victim.
(2) In the case of the acts set out in Art. 228, Art. 229 par. (1), par. (2) lett. b) and c) and Art. 230,
reconciliation of the parties removes criminal liability.
#B
Art. 232
Punishing the attempt
The attempt to commit the offenses set out in this chapter shall be punishable.
CHAPTER II
Robbery and piracy
Art. 233
Robbery
Theft committed by resorting to violence or threats, or by rendering the victim unconscious or
unable to defend themselves, as well as the theft followed by the use of
such means in order to keep the stolen assets or to remove the traces of the offense, or to ensure the
perpetrator's escape, shall be punishable by no less than 2 and no more than 7 years of imprisonment
and a ban on the exercise of certain rights.
ART. 234
Aggravated robbery
(1) The robbery committed under the following circumstances:
a) by a person carrying a weapon, an explosive, narcotic or paralyzing substance;
b) by simulating formal capacities;
c) by a person wearing a mask or disguise or a costume;
b) during night time;
e) in a means of transportation or upon a means of transportation;
b) by trespassing in a domicile or professional office;
shall be punishable by no less that 3 and no more than 10 years of imprisonment and a ban on the
exercise of certain rights.
#M3
(2) The robbery committed in the circumstances set out in Art. 229 par. (3) shall be punishable by
no less than 5 and no more than 12 years of imprisonment and a ban on the exercise of certain
rights.
#B
(3) The same penalty is applied for the robbery that resulted in bodily harm.
Art. 235
Piracy
(1) The act of theft, by acts of violence or threats, committed by an individual who is part of the
crew of a ship or is one of the passengers of a ship in open sea, against assets on that ship, or on
another ship, shall be punishable by no less than 3 and no more than 15 years of imprisonment and
a ban on the exercise of certain rights.
(2) The penalty provided for in par. (1) also applies to the act of capturing a ship located in open sea
or causing, by any means, the shipwreck thereof, in order to acquire its cargo or rob the individuals
on board, shall also be punished.
(3) In the case of piracy that caused bodily harm, it shall be punishable by no less than 5 and no
more than 15 years of imprisonment and a ban on the exercise of certain rights.
(4) When the offense was committed on aircraft or between aircraft and ships, it shall also constitute
piracy.
Art. 236
Robbery or piracy resulting in the victim's death
If the acts set out in Art. 233 - 235 resulted in the victim's death, they shall be punishable by no less
than 7 and no more than 18 years of imprisonment and a ban on the exercise of certain rights.
Art. 237
Punishing the attempt
The attempt to commit the offenses set out in Art. 233 - 235 shall be punishable.
CHAPTER III
Offenses against property by breach of trust
Art. 238
Abuse of trust
(1) The act of taking, disposing of or unlawfully using a movable asset belonging to another by the
individual to whom it was entrusted based on a title and for a certain purpose, or the refusal to return
it shall be punishable by no less than 3 months and no more than 2 years of imprisonment or by a
fine.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 239
Breach of a fiduciary by defrauding creditors
(1) The act of the debtor to dispose of, conceal, damage or destroy, in whole or in part, assets or
values they own or to invoke fictitious acts or debts in order to defraud creditors shall be punishable
by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) The same penalty shall apply to the individual who, knowing that they will not be able to pay,
purchases goods or services thus causing damage to the creditor.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 240
Simple bankruptcy
(1) The failure to submit or the late submission, by the individual debtor or by the legal
representative of the legal entity debtor, of the request for the opening of insolvency proceedings,
within a period of time not exceeding by more than six months the period of time provided by the
law since the occurrence of the insolvency, shall be punishable by no less than 3 months and no
more than 1 year of imprisonment or by a fine.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 241
Bankruptcy fraud
(1) The act committed by the individual who, to defraud creditors:
a) falsifies, steals or destroys the records of the debtor or conceals a part of their assets;
b) invokes the existence of non-existent debts or makes entries, in the debtor's books, in other
documents or in the financial statement, of amounts that are not owed;
c) transfers, in the event of the debtor's insolvency, a part of the assets,
shall be punishable by no less than 6 months and no more than 5 years of imprisonment.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 242
Fraudulent management
(1) The act of causing prejudice to an individual, on occasion of managing or preserving their assets,
committed by the individual tasked with the management or preservation of those assets, shall be
punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) When the act set out in par. (1) was committed by the receiver, the liquidator of the debtor's
assets or by a representative or servant thereof, it shall be punishable by no less than 1 and no more
than 5 years of imprisonment.
(3) The acts set out in par. (1) and par. (2) committed in order to acquire material assets shall be
punished by a term of imprisonment between 2 and 7 years.
(4) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 243
Appropriation of assets found or into the perpetrator's possession by error
(1) The act of not surrendering an asset that one found, within 10 days, to the authorities or to the
person who lost it, or of using that asset as if it were one's own, shall be punishable by no less than
1 and no more than 3 months of imprisonment or by a fine.
(2) The same penalty shall apply to the unlawful appropriation of a movable asset belonging to
another, which came into the perpetrator's possession by error or fortuitously, or the perpetrator's
failure to surrender it within 10 days of the moment when they learned that the asset did not belong
to them.
(3) Reconciliation removes criminal liability.
Art. 244
Misrepresentation
(1) Misrepresenting false facts as being true, or of true facts as being false, in order to obtain undue
material gains for oneself or for another, and if material damages have been caused, shall be
punishable by no less than 6 months and no more than 3 years of imprisonment.
(2) Misrepresentation committed by using false names or capacities or other fraudulent means shall
be punishable by no less than 1 and no more than 5 years of imprisonment. If the fraudulent means
is in itself an offense, the rules for multiple offenses shall apply.
(3) Reconciliation removes criminal liability.
Art. 245
Insurance fraud
(1) The act of destroying, deteriorating, making unfit for use, concealing or transferring an asset
insured against destruction, deterioration, wear and tear, loss or theft, in order to obtain, for oneself
or for another, the insured amount, shall be punishable by no less than 1 and no more than 5 years
of imprisonment.
(2) The act committed by an individual who, for the purposes set out in par. (1), simulates, inflicts
upon oneself or aggravates injuries or bodily harm caused by an insured risk shall be punishable by
no less than 6 months and no more than 3 years of imprisonment or by a fine.
(3) Reconciliation removes criminal liability.
Art. 246
Diversion of public tenders
The act of removing a bidder from a public tender, by coercion or corruption, or engaging in a
collusion between bidders to distort the award price shall be punishable by no less than 1 and no
more than 5 years of imprisonment.
Art. 247
Material exploitation of a vulnerable individual
(1) The act of a creditor who, when lending money or property, by taking advantage of the debtor's
obvious vulnerable state due to age, health, disability or dependency of the debtor on the creditor,
makes him establish or transfer, for oneself or for another, a real right or claim, the value of which
is manifestly disproportionate to the benefit, shall be punishable by no less than 1 and no more than
5 years of imprisonment.
(2) Inducing a state of obvious vulnerability in an individual by causing poisoning either using
alcohol or psychoactive drugs in order to obtain the victim's consent to establish or transfer a real
right or claim, or to waive a right, if a damage has occurred, shall be punishable by no less than 2
and no more than 7 years of imprisonment.
Art. 248
Punishing the attempt
The attempt to commit the offenses set out in Art. 239 par. (1), Art. 241 and Art. 244 - 247 shall be
punishable.
CHAPTER IV
Fraud committed using computer systems and electronic payment methods
Art. 249
Computer fraud
Entering, altering or deleting computer data, restricting access to such data or hindering in any way
the operation of a computer system in order to obtain a benefit for oneself or another, if it has caused
damage to a person, shall be punishable by no less than 2 and no more than 7 years of imprisonment.
Art. 250
Making fraudulent financial operations
(1) Making cash withdrawal operations, loading or unloading of an electronic money instrument or
a fund transfer instrument, by using, without the consent of the owner, an electronic payment
instrument or the identification information that allow its use, shall be punishable by no less than
2 and no more than 7 years of imprisonment.
(2) The same penalty is applicable to the operations referred to in par. (1), performed by means of
the unauthorized use of any identification information or by using fictitious identification data.
(3) The unauthorized transmission to another person of any identification information, in order to
perform one of the operations referred to in par. (1), shall be punishable by no less than 1 and no
more than 5 years of imprisonment.
Art. 251
Accepting transactions made fraudulently
(1) The acceptance of a cash withdrawal operation, loading or unloading of an electronic money
instrument or fund transfer instrument, knowing that it is carried out by using an electronic payment
instrument that was counterfeited or used without the consent of the owner, shall be punishable by
no less than 1 and no more than 5 years of imprisonment.
(2) The same penalty applies to accepting one of the operations referred to in par. (1), knowing that
it was made by the unauthorized use of any identification information, or by using false
identification information.
Art. 252
Punishing the attempt
The attempt to commit the offenses set out in this chapter shall be punished.
CHAPTER V
Destruction and disturbance of possession
Art. 253
Destruction
(1) The act of destroying, damaging or making unfit for use of an asset belonging to another, or
hindering the taking of measures of preservation or rescue for such an asset, as well as removing the
measures taken, shall be punishable by no less than 3 months and no more than 2 years of
imprisonment or by a fine.
(2) The destruction of a deed under private signature, belonging wholly or in part to another and
which serves to prove a material right, if resulting in a loss, shall be punishable by no less than 6
months and no more than 3 years of imprisonment or by a fine.
(3) If the act set out in par. (1) concerns assets forming part of the cultural heritage, it shall be
punishable by no less than 1 and no more than 5 years of imprisonment.
(4) The act of destroying, damaging or making unfit for use of an asset, committed by arson,
explosion or by any such means and, if it endangers human life or other property, shall be
punishable by no less than 2 and no more than 7 years of imprisonment.
(5) The stipulations of par. (3) and par. (4) apply even if the asset belongs to the perpetrator.
(6) For the acts set out in par. (1) and par. (2) criminal action shall be initiated based on a prior
complaint filed by the victim.
(7) The attempted acts set out in par. (3) and par. (4) shall be punished.
Art. 254
Aggravated destruction
(1) If the acts set out in Art. 253 - 235 resulted in a disaster, it shall be punishable by no less than
7 and no more than 15 years of imprisonment and a ban on the exercise of certain rights.
(2) Disaster consists of the destruction or damaging of real estate property or of works, equipment,
plant or components thereof and that resulted in the death or bodily harm of two or more individuals.
Art. 255
Destruction with basic intent
(1) The act of destroying, damaging, or making an asset unfit for use, with basic intent, even if it
belongs to the perpetrator, if the act is committed by arson, explosion or by any other such means
and if it resulted in endangering human life or property, shall be punishable by no less than 3 months
and no more than 1 year of imprisonment or by a fine.
(2) If the acts resulted in a disaster, it shall be punishable by no less than 5 and no more than 12
years of imprisonment.
Art. 256
Disturbance of possession
(1) Unlawfully occupying a building possessed by another, in whole or in part, through the use of
violence or threats or by taking down or moving border markers away, shall be punishable by no less
than 1 and no more than 5 years of imprisonment or by a fine.
(2) Criminal action shall be initiated based on a prior complaint filed by the victim.
TITLE III
Offenses against state authority and state borders
CHAPTER I
Offenses against authority
Art. 257
Assault of a public official
(1) A threat committed either directly or by any means of direct communication, blows or any other
acts of violence, bodily harm, blows or bodily harm which result in death, or murder, committed
against a public servant holding an office that involves the exercise of state authority, who is in the
exercise of their service responsibilities or in relation to the exercise of such office shall be punished
as provided by the law for those offenses, and the special limits of the penalty shall be increased by
one-third.
(2) The commission of an offense against a public servant holding an office that involves the
exercise of state authority or against their property, for the purpose of intimidation or revenge, in
relation to the exercise of the office, shall be punished as provided by the law for those offenses, and
the special limits of the penalty shall be increased by one-third.
(3) The same penalty applies to the acts committed as set out in par. (2), if they concern a member
of the public servant's family.
(4) The acts set out in par. (1)-(3), committed against a police officer or gendarme who is in the
exercise of office or in relation to the exercise of such office, shall be punished as provided by the
law for those offenses, and the special limits of the penalty shall be increased by one-half.
Art. 258
Usurpation of official capacity
(1) The unlawful use of an official capacity which involves the exercise of state authority,
accompanied or followed by the commission of an act connected to that capacity, shall be
punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) The same penalty applies to the acts of public servants who continue to hold an office involving
the exercise of state authority, after losing such right under the law.
(3) If the acts set out in par. (1) or par. (2) were committed by an individual who unlawfully wears
uniforms or insignia of a public authority, the penalty shall consist of no less than 1 and no more
than 5 years of imprisonment.
Art. 259
Stealing or destroying documents
(1) The act of stealing or destroying a document kept or in the possession of an individual as set out
in Art. 176 or Art. 175 par. (2) shall be punishable by no less than 1 and no more than 5 years of
imprisonment.
(2) If the act is committed by a public servant in the exercise of their service responsibilities, the
special limits of the penalty shall be increased by one-third.
(3) The attempt shall be also punishable.
Art. 260
Breaking seals
(1) The act of removing or destroying a legally applied seal shall be punishable by no less than 3
months and no more than 1 year of imprisonment or by a fine.
(2) If the act was committed by the guardian, the penalty shall consist of no less than 6 months and
no more than 2 years of imprisonment or a fine.
Art. 261
Stealing from under distraint
(1) The act of stealing an asset that is legally under distraint shall be punishable by no less than 3
months and no more than 1 year of imprisonment or by a fine.
(2) If the act was committed by the guardian, the penalty shall consist of no less than 6 months and
no more than 2 years of imprisonment or a fine.
CHAPTER II
Offenses against state borders
Art. 262
Fraudulent crossing of the border
(1) Entering or leaving the country by fraudulently crossing Romania's state border shall be
punished by an imprisonment year between 6 months and 3 years or by a fine.
(2) If the act set out in par. (1) was committed:
a) in order to avoid criminal liability or the serving of a sentence or of an custodial educational
measure;
(b) by an alien who was declared undesirable or who was denied entry or stay in the country,
in any way, the penalty shall consist of no less than 1 and no more than 5 years of
imprisonment.
(3) The attempt shall be also punishable.
(4) The act set out in par. (1), committed by a victim of trafficking in human beings or in juveniles,
shall not be punishable.
Art. 263
Trafficking in migrants
(1) Recruitment, instructing, guiding, transporting, transferring or harboring individuals for the
purposes of fraudulently crossing Romania's state border shall be punishable by no less than 2 and
no more than 7 years of imprisonment.
(2) When the act was committed:
a) in order to obtain material gain, directly or indirectly;
b) using means that endanger the life, integrity or health of the migrant;
c) by subjecting migrants to inhuman or degrading treatment,
it shall be punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the
exercise of certain rights.
(3) The attempt shall be also punishable.
Art. 264
Facilitating illegal stay in Romania
(1) Any individual who facilitates, by any means, the illegal stay on the Romanian territory of an
individual who is a victim of offenses of trafficking in human beings, juveniles or migrants, who
is not a Romanian citizen and does not reside in Romania, shall be punishable by no less than 1 and
no more than 5 years of imprisonment and a ban on the exercise of certain rights. If the mean used
is in itself an offense, the rules for multiple offenses shall apply.
(2) When the act was committed:
a) in order to obtain a material gain , directly or indirectly;
c) by a public servant in the exercise of office
it shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the
exercise of certain rights.
(3) When the acts set out in par. (1) and par. (2) are committed in relation to another alien who is
on Romanian territory illegally, the special limits of the penalty shall be reduced by one-third.
Art. 265
Evading expulsion from Romanian territory
(1) Evading the fulfillment of the obligations ordered by the relevant authorities to the alien against
whom measures were taken for the expulsion from Romanian territory or against whom a
prohibition of the right to stay was ordered shall be punishable by no less than 3 months and no
more than 2 years of imprisonment or by a fine.
TITLE IV
Obstruction of justice
Art. 266
Failure to report
(1) The act of the individual who, becoming aware of the commission of an offense against human
life or which resulted in the death of an individual, as provided by criminal law, does not notify the
authorities immediately, shall be punishable by no less than 6 months and no more than 2 years of
imprisonment or by a fine.
(2) Failure to report shall not be punishable when committed by a family member.
(3) A person who, before the commencement of criminal action against an individual for the
commission of the offense that was not reported, notifies the relevant authorities concerning such
offense or who, even after commencement of the criminal action, has facilitated the criminal action
against the perpetrator or the other persons involved in the commission of the offense, shall not be
punishable.
Art. 267
Omission to notify the judicial bodies
(1) The act of a public servant who, becoming aware of the commission of an offense criminalized
by law in connection with the service where they work, omits to immediately notify the criminal
investigation body, shall be punishable by no less than 3 months and no more than 3 years of
imprisonment or by a fine.
(2) If the act is committed with basic intent, the penalty shall consist of no less than 3 months and
no more than 1 years of imprisonment or a fine.
Art. 268
Misleading the judicial bodies
(1) The criminal notification, by report or complaint, in relation to the existence of an act provided
for in criminal law or in relation to the commission of such an act by a certain person, while being
aware of the fact that it is not real, shall be punishable by no less than 6 months and no more than
3 years of imprisonment or by a fine.
(2) The production or fabrication of false evidence, in order to prove the existence of an act
stipulated by criminal law or in relation to the commission of such an act by a certain person, shall
be punishable by no less than 1 and no more than 5 years of imprisonment.
(3) The individual who has misled the judicial bodies shall not be punishable if they declare, before
the detainment, arrest or commencement of the criminal action against the individual in relation to
whom the report or complaint has been lodged or the evidence has been brought, that the report,
complaint or evidence is not real.
Art. 269
Aiding and abetting a perpetrator
(1) The act of aiding and abetting a perpetrator, for the purposes of preventing or hindering the
investigation in a criminal case, criminal liability, serving a sentence or a custodial sentence shall
be punishable by no less than 1 and no more than 5 years of imprisonment or by a fine.
(2) The penalty for the individual who has aided and abetted the perpetrator may not exceed the
penalty provided by the law for the offense committed by the perpetrator.
3) Aiding and abetting committed by a family member shall not be punishable.
Art. 270
Receipt and sale of stolen goods
(1) Whoever receives, acquires or converts an asset, or facilitates disposal thereof, knowing or
foreseeing, following concrete circumstances, that the asset originates from the commission of an
act stipulated by criminal law, even without awareness of its nature, shall be punishable by no less
than 1 and no more than 5 years of imprisonment or by a fine.
(2) The penalty for the individual engaging in the receipt and sale cannot exceed the penalty
provided by the law for the offense committed by the perpetrator.
3) When this offense is committed by a family member it shall not be punishable.
Art. 271
Obstruction of justice
(1) The individual who, being warned of the consequences of their actions:
a) unlawfully prevents the criminal prosecution body or the court to conduct a procedural act
as under the law;
b) refuses to provide the criminal prosecution body, the court or the bankruptcy judge, in whole
or in part, any data, information, documents or assets they hold and which have been explicitly
requested, under the law, in order to settle a case, shall be punishable by no less than 3 months
and no more than 1 year of imprisonment or by a fine.
(2) Par. (1) does not apply to an individual who is prosecuted or on trial for offenses that are the
subject of the criminal trial.
Art. 272
Tampering with testimony
(1) The attempt to determine, or determining an individual, regardless of their capacity, by coercion,
corruption, or by another act of intimidation, committed on said individual or on one of their family
members, to refrain from notifying the criminal investigation authorities, to refrain from giving
statements, to withdraw their statements, to give false statements or to refrain from submitting
evidence in a criminal or civil case or in any other judicial proceedings, shall be punishable by no
less than 1 and no more than 5 years of imprisonment. If the intimidation or corruption act is in itself
an offense, the rules for multiple offenses shall apply.
(2) A material settlement between the perpetrator and the victim, occurring in the case of offenses
for which criminal action is to be initiated based on prior complaint by the victim or for which
reconciliation occurs, does not constitute an offense.
Art. 273
False testimony
(1) The act of a witness who, in a criminal, civil or other proceeding in which witnesses are heard,
gives false statements, or does not tell everything they know regarding the essential acts or
circumstances in relation to which they are heard, shall be punishable by no less than 6 months and
no more than 3 years of imprisonment or by a fine.
(2) The false testimony committed:
a) by a witness whose identity is protected or who is included in the witness protection program;
b) an investigator working undercover;
c) a person who prepares an expert report or an interpreter;
d) in relation to an offense for which the law provides life imprisonment or a term of
imprisonment of 10 years or more
shall be punishable by no less than 1 and no more than 5 years of imprisonment.
(3) The witness shall not be punishable if they withdraw their testimony, in criminal cases, before
the defendant's detention or arrest, or before the commencement of the criminal action or in other
cases before a decision or another solution is given, following the false testimony given.
Art. 274
Revenge for cooperation with the judicial authorities
The commission of an offense against an individual or a family member thereof, for having notified
the criminal investigation authorities, for having given statements or for having given evidence in
a criminal, civil or other proceeding of the ones set out in Art. 273 shall be punished as provided by
the law for these offenses, and the special limits of the penalty shall be increased by one-third.
Art. 275
Stealing or destroying evidence or documents
(1) The act of stealing, destroying, withholding, concealing or altering material evidence or
documents, for the purposes of preventing the judicial authorities to find out the truth in a judicial
proceeding shall be punishable by no less than 6 months and no more than 5 years of imprisonment.
(2) The same penalty is applicable to the act of preventing, in any way, a document necessary for
the solution of a case, issued by a judicial body or directed to it, from reaching its recipient.
Art. 276
Placing pressure on justice
The act of an individual who, during an ongoing legal proceeding, makes false public statements
regarding the commission, by the judge or by the criminal investigation authorities, of an offense
or of a serious disciplinary violation related to the investigation of the cause in question, in order
to influence or intimidate them, shall be punishable by no less than 3 months and no more than 1
year of imprisonment or by a fine.
Art. 277
Undermining justice
(1) Unlawful revealing of confidential information regarding the date, time, place, manner or means
by which evidence is to be administered, by a magistrate or by another public servant who has
become aware thereof by virtue of their office, if such action can hinder or obstruct the criminal
prosecution, shall be punishable by no less than 3 months and no more than 2 years of imprisonment
or by a fine.
(2) Unlawful disclosure of evidence or official documents in a criminal case, before taking a
decision not to prosecute or before the return of a final ruling in the matter, by a public servant who
has become aware thereof by virtue of their office, shall be punishable by no less than 1 month and
no more than 1 year of imprisonment or by a fine.
(3) Unlawful disclosure of confidential information in a criminal case, by a witness, expert or
interpreter, when a prohibition to do so is set out in the criminal procedure law, shall be punishable
by no less than 1 month and no more than 1 year of imprisonment or by a fine.
(4) The act by which obviously illegal acts or activities, committed by the authorities in a criminal
case, are disclosed or revealed, does not constitute an offense.
Art. 278
Violation of the solemnity of the hearing
The use of offensive or obscene words or gestures, which would disrupt the court, by a person
participating in or attending a proceeding that takes place in court, shall be punishable by no less
than 1 and no more than 3 months of imprisonment or by a fine.
Art. 279
Assault on representatives of the judicial authorities
(1) Threatening, hitting or any other acts of violence, bodily harm, hitting or bodily harm which
result in death, or murder, committed against a judge or prosecutor in the exercise of their office,
shall be punished as provided by the law for these offenses, and the special limits of the penalty shall
be increased by one-half.
(2) The commission of an offense against a judge or prosecutor or against their property, for
intimidation or revenge in relation to the exercise of their office, shall be punished as provided by
the law for these offenses, and the special limits of the penalty shall be increased by one-half.
(3) The same penalty applies to the acts committed as set out in par. (2), if they concern a member
of the judge's or prosecutor's family.
(4) The stipulations of par. (1) - (3) shall apply accordingly to the acts committed against a counsel
in relation to the exercise of their profession.
Art. 280
Abusive investigation
(1) The use of promises, threats or violence against a person undergoing investigation, criminal
prosecution or trial, by a criminal investigation body, a prosecutor or a judge in order to determine
such person to give or to refrain from giving statements, to give false testimony or to withdraw
testimony shall be punishable by no less than 2 and no more than 7 years of imprisonment and the
deprivation of the right to hold a public office.
(2) The same penalty is applied to the production, counterfeiting or fabrication of false evidence by
a criminal investigation body, a prosecutor or a judge.
Art. 281
Submission to ill treatment
(1) Submission of an individual to serve a sentence, security or education measure otherwise than
as provided by the legal stipulations shall be punishable by no less than 6 months and no more than
3 years of imprisonment and the deprivation of the right to hold a public office.
(2) Submission of an individual who is in custody, detained or serving a custodial security or
custodial education measure to degrading or inhuman treatments shall be punishable by no less than
1 and no more than 3 years of imprisonment and the deprivation of the right to hold a public office.
Art. 282
Torture
(1) The act of a public servant holding an office that involves the exercise of state authority or of
other person acting upon the instigation of or with the specific or tacit consent thereof to cause an
individual pain or intense suffering, either physically or mentally:
a) to obtain information or statements from that person or from a third-party
b) to punish them for an act committed by them or by a third party or that they or a third party
is suspected to have committed
c) to intimidate or pressure them or a third-party
d) for a reason based on any form of discrimination,
shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the
exercise of certain rights.
(2) If the act set out in par. (1) has resulted in bodily harm, the penalty shall consist of no less than
3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(3) Torture that resulted in the victim's death shall be punishable by no less than 15 and no more
than 25 years of imprisonment and a ban on the exercise of certain rights.
(4) The attempt to commit the offenses set out in par. (1) shall be punishable.
(5) No exceptional circumstance, regardless of its nature or of whether it involves a state of war or
war threats, internal political instability or any other exceptional state, can be raised to justify
torture. The order of a superior or of a public authority cannot be called upon to justify torture either.
(6) The pain or suffering that result exclusively from legal penalties and which are inherent thereto
or caused by them do not constitute torture.
Art. 283
Unlawful repression
(1) The act of prosecuting, of taking measures different from custodial sentences or of bringing an
individual before justice, while aware that they are not guilty, shall be punishable by no less than
3 months and no more than 3 years of imprisonment and deprivation of the right to hold public
office.
(2) The act of detaining or arresting or sentencing an individual, while aware that they are not guilty,
shall be punishable by no less that 3 and no more than 10 years of imprisonment and the deprivation
of the right to hold public office.
Art. 284
Unfair assistance and representation
(1) The act committed by a counsel or representative of an individual who, having entered into a
fraudulent understanding with a person having conflicting interests in the same case, as part of a
proceeding before the judicial authorities or before a notary, harms the interests of the client or of
the individual that they represent shall be punishable by no less than 3 months and no more than 1
year of imprisonment or by a fine.
(2) The same penalty is applicable to the fraudulent understanding between the counsel or the
representative of an individual and a third party interested in the solution to be given in the case, for
the purposes of harming the interests of the client or of the individual represented.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 285
Escape
(1) Escape from the legal state of custody or detention shall be punishable by no less than 6 months
and no more than 3 years of imprisonment.
(2) If the escape is committed using violence or weapons, the penalty shall consist of no less than
1 and no more than 5 years of imprisonment and a ban on the exercise of certain rights.
(3) The following are deemed acts of escape:
a) the unjustified failure of the individual sentenced to detention to report to their place of
detention, after the expiry of the period of time during which he was legally at large;
b) leaving, without authorization, by the convicted person, of their workplace located outside
the place of detention.
(3) The penalty applied for the offense of escape shall be added to the remaining penalty being
served at the date of the escape.
(5) The attempt to commit the offenses set out in par. (1) and par. (2) shall be punishable.
Art. 286
Facilitating escape
(1) The act of facilitating escape, by any means, shall be punishable by no less than 1 and no more
than 5 years of imprisonment.
(2) The act of facilitating escape:
a) committed by a person using violence, carrying weapons, narcotic or paralyzing substances;
b) by two or more individuals in the same circumstance;
c) of an individual detained or arrested for offenses punishable by life imprisonment or by
imprisonment of 10 years or more, or convicted to serve such sentence
shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the
exercise of certain rights.
(3) If the acts set out in par. (1) and par. (2) are committed by a person in charge of guarding the
detainee, the special limits of the penalty shall be increased by one-third.
(4) The act of facilitating escape, committed with basic intent, by a person charged with guarding
the detainee, shall be punishable by no less than 3 months and no more than 2 years of
imprisonment.
(5) The attempt to commit the offenses set out in par. (1) - (3) shall be punishable.
Art. 287
Failure to enforce court orders
(1) The failure to enforce court orders, committed:
a) by resisting the enforcement of a court decision, by resisting the actions of the authority in
charge of said enforcement;
b) by the refusal of the authority in charge of the enforcement to enforce a court order, by
means of which it must carry out a certain act;
c) by the refusal to support the authority in charge of the enforcement in implementing the court
order, by individuals who are under this obligation by law;
d) by failure to enforce a court order reinstating an employee;
e) by failure to enforce the court order regarding the payment of wages within 15 days of the
date when the enforcement request was submitted by the interested party to the employer;
f) by failure to enforce court orders on establishing, paying, indexing and recalculating
pensions;
g) preventing an individual from using, in whole or in part, a house or part of a house or
building held based on a court order, committed by the person against whom the court order
was returned, shall be punishable by no less than 3 months and no more than 2 years of
imprisonment or by fine.
(2) In the case of the acts listed under lett. d) through g), criminal action shall be initiated based on
a prior complaint filed by the victim.
Art. 288
Failure to serve criminal penalties
(1) The act of evading the service of or the failure to serve, according to the legal stipulations, an
ancillary or additional sentence or a security measure provided in Art. 108 lett. b) and c), by an
individual against whom such penalties were ordered, shall be punishable by no less than 3 months
and no more than 2 years of imprisonment or by a fine, unless such act is a more serious offense.
(2) Evading the service of a custodial educational sentence by unlawfully leaving the education or
detention centre or by the failure to report to their place of detention after the expiry of the period
of time during which they were legally at large, shall be punishable by no less than 3 months and
no more than 1 year of imprisonment or by a fine.
(3) The failure to serve, by a trustee or administrator, of the ancillary sentences returned against a
legal entity as listed in Art. 141 shall be punishable by a fine.
TITLE V
Corruption and offenses in public position
CHAPTER I
Corruption
ART. 289
Taking a bribe
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Taking a bribe
(1) The action of the public servant who, directly or indirectly, for themselves or on behalf of others,
solicits or receives money or other undue benefits or accepts a promise of money or benefits, in
exchange for performing, not performing, speeding up or delaying the performance of an action
which falls under purview of their professional duties or with respect to the performance of an
action contrary to their professional duties, constitutes a violation of the law and shall be
punishable by no less that 3 and no more than 10 years of imprisonment and the ban from exercising
the right to hold a public office or to exercise the profession or the activity in relation to which they
committed the violation.
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(2) The action provided under par. (1), committed by one of the persons provided under Article 175
par. (2), shall constitute a criminal offense only when committed in relation with the performance
or delaying the performance of an action related to their legal duties or related to the performance
of an action contrary to such duties.
(3) The money, valuables or any other benefits received shall be subject to forfeiture, and when such
can no longer be located, the forfeiture of the equivalent shall be ordered.
ART. 290
Giving a bribe
(1) The promise, the giving or the offering of money or other benefits in the conditions provided
under Article 289 shall be punishable by no less than 2 and no more than 7 years of imprisonment.
(2) The action provided under par. (1) shall not constitute an offense when the bribe giver was
constrained by any means by the bribe taker.
(3) The bribe giver shall not be punishable if they report the action prior to the criminal investigation
bodies be notified thereupon.
(4) The money, valuables or any other assets given shall be given back to the person who gave them
in the case provided under par. (2) or given following the denunciation provided under par. (3).
(5) The money, valuables or any other benefits offered or given shall be subject to forfeiture, and
when such cannot be located anymore, the forfeiture of the equivalent shall be ordered.
Art. 291
Influence peddling
(1) Soliciting, receiving or accepting the promise of money or other benefits, directly or indirectly,
for oneself or for another, committed by a person who has influence or who alleges that they have
influence over a public servant and who promises they will persuade the latter perform, fail to
perform, speed up or delay the performance of an act that falls under the latter's professional duties
or to perform an act contrary to such duties, shall be punishable by no less than 2 and no more than
7 years of imprisonment.
(2) The money, valuables or any other assets received shall be subject to forfeiture and when such
cannot be located anymore, the forfeiture of the equivalent shall be ordered.
Art. 292
Buying influence
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(1) The promise, the supply or the giving of money or other benefits, for oneself or for another,
directly or indirectly, to a person who has influence or who alleges they have influence over a public
servant to persuade the latter perform, fail to perform, speed up or delay the performance of an act
that falls under the latter's professional duties or to perform an act contrary to such duties, shall be
punishable by no less than 2 and no more than 7 years of imprisonment and the prohibition to
exercise certain rights.
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(2) The perpetrator shall not be punishable if they report the action prior to the criminal investigation
bodies be notified thereupon.
(3) The money, valuables or any other assets shall be given back to the person who gave them if they
were given following the denunciation provided under par. (2).
(4) The money, valuables or any other benefits given or supplied shall be subject to forfeiture, and
when such cannot be located anymore, the forfeiture of the equivalent shall be ordered.
Art. 293 |19|
Acts committed by members of the courts of arbiters or in connection thereto
The stipulations under Article 289 and Article 290 shall apply accordingly also to persons who,
based on an arbitration agreement, are called upon to issue a ruling with respect to a case entrusted
to them for settlement by the parties to that agreement, irrespective whether the arbitration
proceedings are carried out based on the Romanian law or based on another law.
Art. 294
Acts committed by foreign officials or related to them
The stipulations of this Chapter shall apply to the following persons, unless the international
agreements that Romania is party to provide otherwise:
a) officials or persons who carry out their activity based on a labor agreement or other persons
with similar duties in an international public organization that Romania is party to;
b) members of parliamentary assemblies of international organizations that Romania is party
to;
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c) officials or persons who carry out their activities based on a labor agreement or other persons
with similar duties within the European Union;
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d) persons who exercise judicial functions within the international courts whose jurisdiction is
accepted by Romania, as well as officials working for the registrar's office of such courts;
e) officials of a foreign state;
f) members of parliamentary or administrative assemblies of a foreign state;
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g) jurors within foreign courts.
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CHAPTER II
Offenses in public position
Art. 295
Embezzlement
(1) Acceptance, use or traffic of money, valuables or any other assets managed or administrated by
a public servant, on their or on another person's behalf, shall be punishable by no less than 2 and
no more than 7 years of imprisonment and the ban from exercising the right of holding public office.
(2) The attempt thereof shall be punishable.
Art. 296
Abusive conduct
(1) Use of offensive language toward another person by the one carrying out professional duties
shall be punishable by no less than one month and no more than 6 months of imprisonment, or by
a fine.
(2) The threat, the assault or any other acts of violence committed in the conditions provided under
par. (1) shall be penalized by the punishment stipulated in the law for that crime, whereas the special
limits shall be increased by one-third.
Art. 297
Abuse in office
(1) The action of the public servant who, while exercising their professional responsibilities, fails
to implement an act or implements it faultily, thus causing damage or violating the legitimate rights
or interests of a natural or a legal entity, shall be punishable by no less than 2 and no more than 7
years of imprisonment and the ban from exercising the right to hold a public office.
(2) The same punishment applies to the action of a public servant who, while exercising their
professional responsibilities, limits the exercise of a right of a person or creates for the latter a
situation of inferiority on grounds of race, nationality, ethnic origin, language, religion, gender,
sexual orientation, political membership, wealth, age, disability, chronic non-transmissible disease
or HIV/AIDS infection.
Art. 298
Professional negligence
The culpable breach by a public official of a professional duty by failing to carrying it out or by
faultily carrying it out, if it results in damage or violation of the legitimate rights or interests of a
natural or legal entity shall be punishable by no less than 3 months and no more than 3 years of
imprisonment, or by a fine.
Art. 299
Abuse of power for sexual gain
(1) The action of the public servant who, for the purpose of performing or not performing, speeding
up or delaying the performance of an act related to their professional duties or for the purposes of
performing an act contrary to such duties, solicits or is awarded sexual favors by a person who has
a direct or indirect vested interest in that professional act shall be punishable by no less than 6
months and no more than 3 years of imprisonment and the ban from exercising the right to hold a
public office or to practice the profession or the activity in the exercise of which the action was
committed.
(2) The solicitation by or the award of sexual favors to a public servant who uses or takes advantage
of a situation of authority or power over the victim, arising from the office held, shall be punishable
by no less than 3 months and no more than 3 years of imprisonment, or by a fine and the ban from
exercising the right to hold public office or to practice the profession or the activity in the exercise
of which the action was committed.
Art. 300
Abuse of position
The conduct of the public servant who, while at work, performs an act that does not fall under their
duties, if such results in one of the consequences provided under Article 297, shall be punishable
by no less than 1 and no more than 5 years of imprisonment, or by a fine.
Art. 301
Conflict of interests
(1) The conduct of the public servant who, while carrying out their professional duties, committed
an act or participated in making a decision that resulted, directly or indirectly, in a material gain for
themselves, their spouses, for a relative or an affiliate, including those twice removed, or for another
person with whom they were in business or labor relations for the past 5 years or from whom they
had or have benefits of any nature, shall be punishable by no less than 1 and no more than 5 years
of imprisonment and the ban from exercising the right to hold a public office.
(2) Par. (1) shall not apply to issuing, endorsing or adopting regulatory documents.
Art. 302 |20|
Violating the privacy of correspondence
(1) Opening, stealing, destroying or seizing, without any right, the correspondence addressed to
another person, as well as the unlawful revelation of the contents of such correspondence, even
when it was sent open or it was opened by mistake, shall be punishable by no less than 3 months and
no more than 1 year of imprisonment, or by a fine.
(2) Unlawful wiretapping of phone or any electronic means of communication shall be punishable
by no less than 6 months and no more than 3 years of imprisonment.
(3) If the actions provided under par. (1) and par. (2) were committed by a public servant holding
the legal obligation to observe professional secrecy and the confidentiality of information they are
privy to, the punishment shall be no less than 1 year and no more than 5 years of imprisonment and
deprivation of certain rights.
(4) The unlawful revealing, broadcasting, presenting or transmitting to another person or to the
general public the contents of a wiretapped conversation or communication, even when the
perpetrator became aware of it by mistake or by chance, shall be punishable by no less than 3
months and no more than 2 years of imprisonment, or by a fine.
(5) The following acts committed shall not be constitute offenses:
a) if the perpetrator catches a crime in the act or contributes to providing evidence as to the
commission of a crime;
b) if the perpetrator catches acts of public interest, with significance for the life of the
community, and whose revelation has public advantages much higher than the damage caused
to the victim.
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(6) The unlawful possession or manufacturing of specific wiretapping or communication-recording
devices shall be punishable by no less than 3 months and no more than 3 years of imprisonment, or
by a fine.
(7) In the case of the actions provided under par. (1), the criminal investigation shall be launched
based on the preliminary report by the victim.
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ART. 303
Disclosure of information classified as state secret
(1) The unlawful disclosure of information classified as state secret by the person aware thereof
owing to their professional responsibilities, if it affects the interests of a legal entity of those
provided under Article 176, shall be punishable by no less than 2 and no more than 7 years of
imprisonment and the ban from exercising certain rights.
(2) The unlawful possession of a document, beyond one's professional responsibilities, containing
state-secret information, if likely to affect the activity of one of the legal entities provided under
Article 176, shall be punishable by no less than 3 months and no more than 2 years of imprisonment,
or by a fine.
(3) The person in possession of a document containing state-secret information, which is likely to
affect the activity of one of the legal entities provided under Article 176, shall not be punishable if
they surrender the document without delay to the issuing body or institution.
Art. 304
Disclosure of information classified as service secret or not public
(1) The unlawful disclosure of information classified as service secret, or which is not for the
general public, by the person aware thereof owing to their professional responsibilities, if it affects
the interests or the activity of a person, shall be punishable by no less than 3 months and no more
than 3 years of imprisonment, or by a fine.
(2) The unlawful disclosure of information classified as service secret, or which is not for the
general public, by the person aware thereof shall be punishable by no less than 1 month and no more
than 1 year, or by a fine.
(3) If, as a result of the action provided under par. (1) and par. (2), a crime was committed against
an undercover investigator, a protected witness or a person included in the Witness Protection
Program, the punishment shall be no less than 2 and no more than 7 years of imprisonment and if
a crime against life was committed with direct intent, shall be punishable by no less than 5 and no
more than 12 years of imprisonment.
Art. 305
Negligence in storing information
(1) The negligence resulting in the destruction, alteration, loss or theft of a document containing
state-secret information, as well as the negligence resulting in another person's becoming aware of
such information shall be punishable by no less than 3 months and no more than 1 year of
imprisonment, or by a fine.
(2) The same punishment shall be applied to the actions under Article 303 par. (1) and Article 304,
in case they were committed with basic intent.
Art. 306
Illegal monetary gain
(1) Use or submission of false, inaccurate or incomplete documents or data, to receive the approvals
or the guarantees required for the award of funding obtained or guaranteed from public funds, if it
results in the unjust award of such funds, shall be punishable by no less than 2 and no more than 7
years of imprisonment.
(2) The attempt thereof shall be punishable.
Art. 307
Diversion of funds
(1) Diversion from their original destination of money or material resources allocated to a public
authority or public institution, without observing the legal stipulations shall be punishable by no less
than 1 year and no more than 5 years of imprisonment.
(2) The same punishment shall apply to diversion, without observing the legal stipulations, of the
destination of funds resulting from the funding obtained or guaranteed from public funds.
(3) The attempt thereof shall be punishable.
Art. 308
Corruption offenses and service offenses committed by other persons
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(1) The stipulations under Articles 289 - 292, 295, 297 - 301 and 304 regarding civil servants shall
apply accordingly to acts committed by or in connection with the persons who carry out, on a
permanent or on a temporary basis, with or without a remuneration, a duty irrespective of its nature
in the service of a natural person of those provided under Article 175 par. (2) or within any legal
entity.
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(2) In this case, the special limits of the punishment shall be decreased by one-third.
Art. 309
Actions that resulted in extremely severe consequences
If the actions provided under Article 295, Article 297, Article 298, Article 300, Article 303, Article
304, Article 306 or Article 307 caused extremely severe consequences, the special limits of the
punishment stipulated in the law shall increase by one-half.
TITLE VI
Counterfeiting
CHAPTER I
Counterfeiting of currency, stamps or securities
Art. 310
Currency counterfeiting
(1) The act of counterfeiting currency with circulation value shall be punishable by no less that 3
and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) The same penalty shall apply to the act of counterfeiting currency issued by the relevant
authorities before it is officially released.
(3) The attempt shall be also punishable.
Art. 311
Counterfeiting of bonds or payment instruments
(1) The act of counterfeiting bonds, securities or instruments used to make payments or any other
instruments or similar securities shall be punishable by no less than 2 and no more than 7 years of
imprisonment and a ban on the exercise of certain rights.
(2) If the act set out in par. (1) concerns an electronic payment instrument, the penalty shall consist
of no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain
rights.
(3) The attempt shall be also punishable.
Art. 312
Counterfeiting of stamps or postage
(1) The act of counterfeiting stamps, postage stamps, postal envelopes, postcards, international reply
coupons shall be punishable by no less than 6 months and no more than 3 years of imprisonment or
by a fine.
(2) The attempt shall be also punishable.
Art. 313
Circulation of counterfeited securities
(1) The release into circulation of the counterfeit securities referred to in Art. 310 - 312, as well as
the act of receiving, possessing or transmitting them with the purpose of releasing them into
circulation shall be punished as provided in the law for the counterfeit offense through which they
were produced.
(2) The release into circulation of the counterfeit securities referred to in Art. 310 - 312, committed
by the author or by a party participating in the counterfeit offense, shall be punished as provided by
the law for the counterfeit offense through which they were produced.
(3) The act of returning into circulation of one of the instruments provided in Art. 310 - 312 by an
individual who discovered, after coming into possession thereof, that it is counterfeit, shall be
punished as provided by the law for the counterfeit offense through which they were produced, the
special limits being reduced by one-half.
(4) The attempt shall be also punishable.
Art. 314
Possession of tools used for the counterfeit of securities
(1) The manufacture, receipt, possession or transfer of tools and materials to be used in the
counterfeiting of bonds or instruments referred to in Art. 310, Art. 311 par. (1) and Art. 312 shall
be punishable by no less than 1 and no more than 5 years of imprisonment.
(2) The manufacture, receipt, possession or transfer of equipment, including hardware or software,
to be used in the counterfeiting of electronic payment instruments shall be punishable by no less than
2 and no more than 7 years of imprisonment.
(3) No penalty shall be applied to the individual who, after the commission of any of the acts
stipulated at par. (1) or par. (2), before their discovery and before the act of counterfeit is committed,
surrenders the tools and materials to the judicial authorities or brings the existence of such tools to
the knowledge of the authorities.
Art. 315
Fraudulent issuance of currency
(1) The printing of authentic currency by using plants or materials designated for this purpose, in
violation of the conditions established by the competent authorities or without their approval, shall
be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise
of certain rights.
(2) The same penalty applies to the release into circulation of currency printed as specified in par.
(2), as well as the receipt, possession or transmission thereof, for the purposes of releasing it into
circulation.
Art. 316
Counterfeiting of foreign instruments
The stipulations of this chapter shall also apply to the offenses concerning coinage, stamps,
securities or payment instruments issued abroad.
CHAPTER II
Counterfeiting of authentication or marking instruments
Art. 317
Counterfeiting of official instruments
(1) The act of counterfeiting a seal, a stamp or a marking instrument used by the individuals set out
in Art. 176 or the individuals set out in Art. 175 par. (2) shall be punishable by no less than 6 months
and no more than 3 years of imprisonment or by a fine.
(2) The act of counterfeiting a seal, a stamp or a marking instrument used by individuals other than
the ones set out in par. (1) shall be punishable by no less than 3 months and no more than 1 year of
imprisonment or by a fine.
(3) The attempt shall be also punishable.
Art. 318
Use of counterfeit instruments
(1) The use of the counterfeit instruments set out in Art. 317 shall be punished by imprisonment term
between 3 months and 3 years or by a fine.
Art. 319
Counterfeiting of foreign authentication instruments
The stipulations of this Chapter shall also apply to the offenses related to authentication or marking
tools used by foreign authorities.
CHAPTER III
Counterfeiting documents
Art. 320
Tampering with official documents
(1) The act of tampering with an official document by counterfeiting the writing or the signatures
or by altering it in any manner, likely to have legal consequences, shall be punishable by no less than
6 months and no more than 3 years of imprisonment.
(2) The action described in par. (1), committed by a public servant during the exercise of their office
duties, shall be punishable by no less than 1 and no more than 5 years of imprisonment and a ban
on the exercise of certain rights.
(3) Tickets or any other printed documents producing legal consequences are assimilated to official
documents.
(4) The attempt shall be also punishable.
Art. 321
Creating false documents
(1) The act of tampering with an official document when it is drawn up, committed by a public
servant during the exercise of office duties, by certifying untrue facts or circumstances or by
knowingly omitting to insert certain data or circumstances, shall be punishable by no less than 1 and
no more than 5 years of imprisonment.
(2) The attempt shall be also punishable.
Art. 322
False deeds under private signature
(1) The tampering with a deed under private signature in any of the ways set out in Art. 320 or Art.
321, if the perpetrator uses the false deed or entrusts it to another individual for use, in order to
produce legal consequences, shall be punishable by no less than 6 months and no more than 3 years
of imprisonment or by a fine.
(2) The attempt shall be also punishable.
Art. 323
Use of false documents
The use of an official document or of a deed under private signature, while knowing that it is false,
in order to produce legal consequences, shall be punishable by no less than 3 months and no more
than 3 years of imprisonment or by a fine, when the document is official, and by no less than 3
months and no more than 2 years of imprisonment or by a fine, when the document is issued under
private signature.
Art. 324
Tampering with a technical record
(1) The act of tampering with a technical record by counterfeiting, alteration or by determining the
certification of untruthful circumstances or by omitting to record data or circumstances, if it was
followed by the use, by the perpetrator, of the record or by entrusting it to another for use, in order
to produce legal consequences, shall be punishable by no less than 6 months and no more than 3
years of imprisonment or by a fine.
(2) The same penalty applies to the use of a false technical record in order to produce legal
consequences.
(3) Technical record means, for the purposes of this article, the certification of a value, weight,
measurement or the conduct of an event, performed automatically, in whole or in part, by an
approved technical device and which is designed to ascertain a specific fact, in order to produce
legal consequences.
Art. 325
Tampering with computer data
The unlawful inputting, alteration or deletion of computer data, or unlawful restriction of access to
such data, resulting in inauthentic data, to be used to produce legal consequences, constitutes an
offense and shall be punishable by no less than 1 and no more than 5 years of imprisonment.
Art. 326
False statements
The act of giving a false statement to an individual as mentioned in Art. 175 or before a body in
which they carry out their activity, in order to produce legal consequences either for themselves or
for another, when, according to the law or to the circumstances, the statement made is used to
produce such consequence, shall be punishable by no less than 3 months and no more than 2 years
of imprisonment or by a fine.
Art. 327
False identity
1) The act of presenting oneself under a false identity or the act of ascribing such an identity to
another individual, committed before an individual as set out in Art. 175 or transmitted to a unit in
which they carry out their activity, by fraudulent use of a document that serves for identification
purposes or to prove one's civil status or of such a forged document, to mislead or maintain the
deceit of a public servant, in order to produce legal consequences for oneself or for another, shall
be punishable by no less than 6 months and no more than 3 years of imprisonment.
(2) When the document was produced by using the real identity of an individual, the penalty shall
consist of no less than 1 and no more than 5 years of imprisonment.
(3) The act of handing over a document that proves civil status or serves as identification, to be used
unlawfully shall be punishable by no less than 3 months and no more than 2 years of imprisonment
or by a fine.
Art. 328
Offenses of falsification committed in relation to the authority of a foreign state
The stipulations of this chapter also apply when the act concerns documents issued by a competent
authority of a foreign state or by an international organization established by a treaty to which
Romania is a party or statements or an identity assumed before it.
TITLE VII
Offenses against public security
CHAPTER I
Offenses against railway traffic security
Art. 329
Failure to perform service responsibilities or faulty performance thereof
(1) Failure to perform service responsibilities or faulty performance thereof by employees managing
a rail infrastructure or by employees of operators in charge of transportation, interventions or
maneuvering, if such failure endangers the security of traffic for the means used for transportation,
interventions or maneuvering on the railway, shall be punishable by no less than 1 and no more than
5 years of imprisonment.
(2) If such act resulted in a railway accident, the penalty shall consist of no less than 3 and no more
than 10 years of imprisonment.
Art. 330
Failure to perform service responsibilities or faulty performance thereof with basic intent
(1) The failure to perform service responsibilities or faulty performance thereof, with basic intent,
by employees managing a railway infrastructure or by employees of operators in charge of
transportation, interventions or maneuvering, if such failure jeopardizes the security of the means
used for transportation, interventions or maneuvering on the railway, shall be punishable by no less
than 3 months and no more than 3 years of imprisonment or by a fine.
(2) If such act resulted in a railway accident, it shall be punishable by no less than 1 and no more
than 5 years of imprisonment.
Art. 331
Leaving one's post and reporting to duty under the influence of alcohol or other substances
(1) The act of leaving one's post, in any manner and in any form, committed by employees in charge
of ensuring the security of the means of transportation, intervention and maneuvering, in case this
act jeopardizes the security of the traffic of such means, shall be punishable by no less than 2 and
no more than 7 years of imprisonment.
(2) The same penalty shall apply to the exercise of the service responsibilities by an employee
whose duties are related to the security of the means used for railway transportation, intervention
or maneuvering, while having a blood alcohol concentration over 0.80 g/l or who is under the
influence of psychoactive substances.
(3) When the acts set out in par. (1) and par. (2) have resulted in a railway accident, the penalty shall
consist of no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of
certain rights.
Art. 332
Destruction or false signaling
(1) The act of destroying, damaging or making the railway, the rail installations, the railway
communications installations, the rolling stock or any other equipment related to the railway
infrastructure unfit for use, or of placing obstacles on the railway, if this jeopardizes the security of
the means used for rail transportation, intervention or maneuvering shall be punishable by no less
than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain rights.
(2) The same penalty shall apply to the commission of acts of false signaling or to the commission
of any acts likely to mislead the railway personnel ensuring the circulation of the means used for rail
transportation, intervention or maneuvering during the performance of their duties, if these acts
could result in a railway accident.
(3) If the acts set out in par. (1) and par. (2) resulted in a railway accident, the penalty shall consist
of no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain
rights.
(4) When the acts set out in par. (1) - (3) are committed with basic intent, the special limits of the
penalty are reduced by one-half.
(5) The attempt to commit the offenses set out in par. (1) and par. (2) shall be punishable.
Art. 333
Railway accidents
(1) A railway accident is the significant destruction or damage of the means of transportation, of the
rolling stock or of other railway installations during circulation or during maneuvers with means of
railway transportation, maneuvers, maintenance, or intervention.
CHAPTER II
Offenses against public roads safety
Art. 334
Registering a vehicle as fit for traffic or driving an unregistered vehicle
(1) The act of registering a vehicle as fit for traffic or driving an unregistered vehicle or tramway
on public roads, under the law shall be punishable by no less than 1 and no more than 3 years of
imprisonment or by a fine.
(2) The act of registering a vehicle as fit for traffic or driving an unregistered vehicle or tramway
using a false registration number of false plates shall be punishable by no less than 1 and no more
than 5 years of imprisonment or by a fine.
(3) Towing a trailer that has not been registered or placed on record or having a false registration
number or false plates shall be punishable by no less than 3 months and no more than 2 years of
imprisonment or by a fine.
(4) Driving, on public roads, a vehicle or towing a trailer the number plates or registration numbers
of which have been withdrawn or a vehicle registered in another state, which is not authorized for
driving in Romania, shall be punishable by no less than 6 months and no more than 2 years of
imprisonment or by a fine.
Art. 335
Driving a vehicle without a driving license
(1) Driving a vehicle or a tramway, on public roads, without having a driving license shall be
punishable by no less than 1 and no more than 5 years of imprisonment.
(2) Driving, on public roads, a vehicle for which a driving license is required by law, by an
individual who owns a driving license which was issued for a different category or subcategory than
the one in which the vehicle is included, or whose license has been withdrawn or rescinded or who
is not entitled to drive vehicles in Romania shall be punishable by no less than 6 months and no
more than 3 years of imprisonment or by a fine.
(3) The same penalty shall apply to the person who knowingly entrusts a vehicle for which the law
requires a license for driving on public roads, to an individual who they know is in one of the
situations referred to in par. (1) or par. (2) or under the influence of alcohol or of psychoactive
substances.
Art. 336
Driving a vehicle under the influence of alcohol or other substances
(1) Driving, on public roads, a vehicle for which a driving license is required by law, by an
individual who, at the time when biological samples were taken, has a blood alcohol concentration
exceeding 0.80 g/l shall be punishable by no less than 1 and no more than 5 years of imprisonment
or by a fine.
(2) The same penalty shall be applied to an individual who, while under the influence of
psychoactive substances, drives a vehicle for which a driving license is required by law.
(3) If the individual who is in one of the situations set out in par. (1) and par. (2) carries out activities
such as public passenger transportation, transportation of hazardous substances or products or is
imparting practical training to candidates wishing to obtain a driving license or during the practical
tests of the examination sit to obtain the driving license, they shall be punishable by no less than 2
and no more than 7 years of imprisonment.
Art. 337
Refusing or avoiding to provide biological samples
The act of refusing or avoiding, by the driver of a vehicle for which a driving license is required by
law, or by the driving instructor, during training, or by the examiner of the competent authority,
during the practical tests of the examination foe obtaining a driving license, to provide the biological
samples required to determine the presence of alcohol or of psychoactive substances in the blood
stream shall be punishable by no less than 1 and no more than 5 years of imprisonment.
Art. 338
Leaving the scene of an accident or change or deletion of traces of the accident
(1) The act of leaving the scene of the accident, without the consent from the police or the
prosecutor conducting crime scene investigations, by the driver of the vehicle or by the driving
instructor, during training, or by the examiner of the competent authority, during the practical tests
of the examination to obtain the driving license involved in a traffic accident, shall be punishable
by no less than 2 and no more than 7 years of imprisonment.
(2) The same penalty shall apply to the act committed by any individual to change the condition of
the scene of the traffic accident resulting in the killing or causing bodily harm or health harm to one
or more individuals, without consent from the crime scene investigation team.
(3) The following do not constitute offenses, in case of leaving the scene of the accident:
a) the accident only resulted in material damages;
b) the driver of the vehicle, in the absence of other means of transportation, carried the injured
individuals to the nearest health care facility able to provide the medical assistance required,
where they also communicated their personal identification information and the registration
number of the vehicle, entered into a special register, if they return immediately to the scene
of the accident;
c) the driver of the special-use vehicle shall notify the police immediately, and shall report after
the mission is complete to the police station in the jurisdiction of which the accident has
occurred, in order to draft the investigation reports;
d) the victim leaves the scene and the driver of the vehicle immediately notifies the accident to
the nearest police station.
Art. 339
Hindering traffic on public roads
(1) The installation of traffic road signs or changing their positions, without a permit issued by the
competent authorities, which is likely to mislead road users or to hinder traffic on public roads shall
be punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine.
(2) Taking part, as a driver, to unauthorized vehicle races on public roads shall be punishable by no
less than 3 months and no more than 1 year of imprisonment or by a fine.
(3) The same penalty shall apply to placing obstacles which hinder traffic on public roads, if traffic
security is jeopardized or if the right of free movement of other road users is affected.
(4) Leaving a vehicle carrying dangerous goods or substances unattended, on the carriageway of a
public road, shall be punishable by no less than 1 and no more than 3 years of imprisonment or by
a fine.
Art. 340
Failure to perform duties related to technical checks or repairs
(1) The faulty performance or the failure to perform the duties related to the technical checks or
periodical technical inspection of motor vehicles, trailers or tramways or of the duties related to
repairs or technical interventions by individuals who have been assigned such duties, if, because of
the technical condition of the vehicle, road safety is jeopardized, shall be punishable by no less than
3 months and no more than 2 years of imprisonment or by a fine.
(2) If, as a consequence of the act set out in par. (1), a traffic accident occurred, which resulted in
bodily harm or harm to the health of one or more individuals, the penalty shall consist of no less than
1 and no more than 5 years of imprisonment, and if the death of one or more individuals occurred,
it shall be punishable by no less than 3 and no more than 10 years of imprisonment.
(3) If the acts set out in par. (1) and par. (2) were committed with basic intent, the special limits of
the penalty are reduced by one-third.
(4) The act of repairing motor vehicles, trailers, tramways or mopeds which display traces showing
they were involved in an accident, without fulfilling the legal requirements, shall be punishable by
no less than 3 months and no more than 2 years of imprisonment or by a fine.
Art. 341
Executing unauthorized works on public roads
(1) Carrying out building, alteration, modernization or rehabilitation works of public roads or of road
accesses to the public roads, without having a building permit issued under the law or in violation
of requirements in that building permit, shall be punishable by no less than 6 months and no more
than 3 years of imprisonment or by a fine.
(2) Erecting buildings, placing billboards and advertisements in the road area, without a building
permit issued under the law or in violation of requirements in that building permit, if such action
results in endangering road safety, shall be punishable by no less than 3 months and no more than
1 year of imprisonment or by a fine.
(3) The individual authorized by the administrator of the railway who fails to take the appropriate
measures for the signaling of the railway level crossings shall be punishable by no less than 3
months and no more than 2 years of imprisonment or by a fine.
(4) The penalty provided for in par. (3) shall also apply to the individual authorized by the
administrator of a public road or the contractor carrying out works on the carriageway, who fails to
take the appropriate measures for signaling obstacles or works performed on the road, if this resulted
in a traffic accident.
CHAPTER III
Violation of rules for the control of weapons, ammunition, nuclear material and explosives
ART. 342
Non-compliance with the rules governing weapons and ammunition
(1) The act of possessing, carrying, manufacturing, as well as any operation concerning the
circulation of lethal weapons, ammunition, mechanisms or devices thereof or the operation of
workshops for unlawful repairing lethal weapons shall be punishable by no less than 1 and no more
than 5 years of imprisonment.
(2) The act of unlawful possessing or carrying of non-lethal weapons which require a license shall
be punishable by no less than 3 months and no more than 1 year of imprisonment or by a fine.
(3) The act of stealing weapons or ammunition as set out in par. (1) and par. (2) shall be punishable
by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain
rights.
(4) The act of unlawfully carrying weapons as set out in par. (1) and par. (2) on the premises of
public authorities, public institutions or of other public-interest legal entities or in spaces to be used
for elections, shall be punishable by no less than 1 and no more than 5 years of imprisonment and
a ban on the exercise of certain rights.
(5) If the acts set out in par. (1) and par. (3) concern prohibited weapons or ammunition,
mechanisms or devices thereof, the special limits of the penalty shall be increased by one-third.
#M3
(6) The failure to surrender the weapon and the ammunition to a licensed gunsmith within 10 days
of the expiry date of the license constitutes an offense and shall be punishable by no less than 6
months and no more than 3 years of imprisonment.
(7) The manufacture or assembly of lethal weapons, of parts or ammunition for those weapons:
a) using any essential components that are illegally trafficked;
b) without a license issued by a competent authority of the Member State where the
manufacture or assembly takes place;
c) without marking the lethal weapons assembled on the date of their assembly, in accordance
with legal stipulations,
shall be punishable by no less than 2 and no more than 7 years of imprisonment.
#B
Art. 343
Unlawful use of a weapon
(1) The unlawful use of a lethal or prohibited weapon shall be punishable by no less than 1 and no
more than 3 years of imprisonment.
(2) The unlawful use of a non-lethal weapon included in the category of weapons for which a license
is required shall be punishable by no less than 6 months and no more than 2 years of imprisonment.
#M3
ART. 344
Counterfeiting or alteration. Removing or changing the markings of lethal weapons
The unlawful counterfeiting or deletion, the removal or change of the markings made on lethal
weapons shall be punishable by no less than 1 and no more than 3 years of imprisonment or by a
fine.
#M3
ART. 345
Non-compliance with the rules governing nuclear materials and other radioactive materials
(1) The act of receiving, possessing, using, handing over, altering, transfer, distributing, displaying,
manufacturing, processing, handling, ensuring the intermediate storing, importing, exporting or
ensuring the final storage, transporting or diverting nuclear material or other radioactive material,
as well as any other operation related to their unlawful circulation shall be punishable by no less
than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) The act of stealing nuclear material or other radioactive materials shall be punishable by no less
than 5 and no more than 12 years of imprisonment and a ban on the exercise of certain rights.
(3) If the acts set out in par. (1) and (2) endangered individuals or property, caused the bodily harm
of one or more individuals, they shall be punishable by no less than 7 and no more than 15 years
of imprisonment and a ban on the exercise of certain rights.
(4) If the acts set out in par. (1) and (3) caused the death of one or more individuals, the penalty
shall consist of no less than 10 and no more than 20 years of imprisonment and a ban on the
exercise of certain rights.
(5) If the acts set out in par. (1), (3) and (4) are committed with basic intent, the special limits of the
penalty are reduced by one-half.
#B
Art. 346
Failure to observe the rules governing explosives
(1) The act of unlawfully manufacturing, experimenting with, processing, possessing, transporting
or using explosive materials or any other operations related to these materials shall be punishable
by no less than 2 and no more than 7 years of imprisonment.
(2) The act of stealing explosives shall be punishable by no less than 3 and no more than 10 years
of imprisonment and a ban on the exercise of certain rights.
(3) When the acts set out in par. (1) and par. (2) concern an amount exceeding 1 kg of
Trinitrotoluene-equivalent or when the amount of explosives is accompanied by initiation materials,
the penalty shall consist of no less than 5 and no more than 12 years of imprisonment and a ban on
the exercise of certain rights.
(4) If the acts set out in par. (1) - (3) resulted in the death of one or more individuals, the penalty
shall consist of no less than 10 and no more than 20 years of imprisonment and a ban on the exercise
of certain rights.
Art. 347
Punishing the attempt
The attempt to commit the offenses set out in Art. 342 par. (1) and par. (3), Art. 345 par. (1) and par.
(2), as well as in Art. 346 par. (1) and par. (2) shall be punishable.
CHAPTER IV
Violation of rules established for activities regulated by law
Art. 348
Unlawful practice of a profession or activity
The unlawful practice of a profession or of any other activity for which a permit is required by law,
or the practice thereof in conditions other than the legal ones, if the special law provides that the
commission of such acts is punishable under criminal law, shall be punishable by no less than 3
months and no more than 1 year of imprisonment or by a fine.
Art. 349
Failure to take labor health and safety measures
(1) Failure to take any of the legal labor health and security measures by a person who was tasked
with taking these measures, in case it results in the imminent danger of a labor accident or of an
occupational disease, shall be punishable by no less than 6 months and no more than 3 years of
imprisonment or by a fine.
(2) The act set out in par. (1) committed with basic intent shall be punishable by no less than 3
months and no more than 1 year of imprisonment or by a fine.
Art. 350
Non-compliance with labor health and safety rules
(1) Non-compliance with the labor health and safety rules by any individual, if this results in the
imminent danger of a labor accident or of an occupational disease, shall be punishable by no less
than 6 months and no more than 3 years of imprisonment or by a fine.
(2) The same penalty shall apply to the act of resuming the operation of installations, machines or
equipment before removing all the deficiencies that caused their operation to be stopped.
(3) The acts set out in par. (1) and par. (2) committed with basic intent shall be punishable by no less
than 3 months and no more than 1 year of imprisonment or by a fine.
Art. 351
Usury
Lending money with interest, as an occupation, by an unauthorized person, shall be punishable by
no less than 6 months and no more than 5 years of imprisonment.
CHAPTER V
Offenses against public health
Art. 352
Preventing the fighting of diseases
(1) Failure to comply with the measures taken for the prevention and combating of infectious and
contagious diseases, if this resulted in the spreading of such a disease, shall be punishable by no less
than 6 months and no more than 2 years of imprisonment or by a fine.
(2) If the act set out in par. (1) is committed with basic intent, the penalty shall consist of no less
than 1 and no more than 6 months of imprisonment or a fine.
Art. 353
Venereal contamination
(1) The transmission of a venereal disease by sexual intercourse or other sexual relations, by a
person who is aware that they suffer from such a disease, shall be punishable by no less than 6
months and no more than 3 years of imprisonment or by a fine.
(2) The court shall order compulsory medical treatment as a security measure.
Art. 354
Transmission of the acquired immunodeficiency syndrome
(1) The transmission, by any means, of the acquired immunodeficiency syndrome - AIDS - by a
person who is aware that they suffer from this disease, shall be punishable by no less that 3 and no
more than 10 years of imprisonment.
(2) The transmission, by any means, of the acquired immunodeficiency syndrome - AIDS - by a
person other than the one specified in par. (1), shall be punishable by no less than 5 and no more
than 12 years of imprisonment.
(3) When the acts set out in par. (1) and par. (2) resulted in the victim's death, they shall be
punishable by no less than 7 and no more than 15 years of imprisonment.
(4) When the act set out in par. (2) was committed with basic intent, it shall be punishable by no less
than 6 months and no more than 3 years of imprisonment, and if it caused the victim's death, it shall
be punishable by no less than 2 and no more than 7 years of imprisonment.
(5) The attempt to commit the offenses set out in par. (1) and par. (2) shall be punishable.
Art. 355
Transmitting diseases to animals or plants
(1) Failure to comply with measures concerning the prevention or combating of infectious and
contagious diseases in animals or plants, or vermin, if it resulted in the spreading of such disease or
vermin, shall be punishable by no less than 3 months and no more than 3 years of imprisonment or
by a fine.
(2) If the act was committed with basic intent, the special limits of the penalty are reduced by one-half.
Art. 356
Water contamination
(1) The act of contaminating water sources and networks, by any means, if the water thus
contaminated is harmful to the health of people, animals or plants, shall be punishable by no less
than 6 months and no more than 3 years of imprisonment or by a fine.
(2) The attempt shall be also punishable.
Art. 357
Fraudulent or substitution foods or other products
(1) The act of preparing, offering or displaying foods, beverages or other products that are fraudulent
or substituted, if they are harmful for health, shall be punishable by no less than 3 months and no
more than 3 years of imprisonment or by a fine and a ban on the exercise of certain rights.
(2) The act of preparing, offering or displaying medicine that is fraudulent or substituted, which is
harmful for health, shall be punishable by no less than 6 months and no more than 5 years of
imprisonment and a ban on the exercise of certain rights.
Art. 358
Sale of spoiled products
(1) The sale of foods, beverages or other products, while being aware that they are spoiled or that
their best-before date has expired, if they are harmful for health, shall be punishable by no less than
6 months and no more than 3 years of imprisonment or by a fine and a ban on the exercise of certain
rights.
(2) The same penalty shall apply to the sale of meat or meat products originating from slaughtering
of animals which has not been subject to veterinary inspection, if they are harmful for health.
(3) The act of selling medicine, while being aware that it is fraudulent, deteriorated or that their best-before date has expired, if they are harmful for health or if it lost its therapeutic value in whole or
in part, shall be punishable by no less than 1 and no more than 5 years of imprisonment and a ban
on the exercise of certain rights.
Art. 359
Trafficking in toxic products or substances
(1) The act of unlawfully manufacturing, possessing or any operation regarding the circulation of
toxic products or substances, the cultivation, for the purposes of processing, of plants that contain
such substances or the act of experimenting with toxic products or substances shall be punishable
by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain
rights.
(2) The attempt shall be also punishable
CHAPTER VI
Offenses against security and integrity of computer systems and data
Art. 360
Illegal access to a computer system
(1) Unlawful access to a computer system shall be punishable by no less than 3 months and no more
than 3 years of imprisonment or by a fine.
(2) The act set out in par. (1), committed in order to obtain computer data, shall be punishable by
no less than 6 months and no more than 5 years of imprisonment.
(3) If the act set out in par. (1) was committed on a computer system to which, through processes,
devices or specialized programs, access is restricted or prohibited for certain categories of users, it
shall be punishable by no less than 2 and no more than 7 years of imprisonment.
Art. 361
Illegal interception of computer data transmissions
(1) The unlawful interception of a computer data transmission which is not public and which is
intended for a computer system, originates from such a computer system or is carried out within a
computer system shall be punishable by no less than 1 and no more than 5 years of imprisonment.
(2) The same penalty shall apply to the unlawful interception of electromagnetic emissions from a
computer system that contains computer data which is not public information.
Art. 362
Altering computer data integrity
Unlawful altering, deleting or corrupting of computer data or restricting access to such data shall
be punishable by no less than 1 and no more than 5 years of imprisonment.
Art. 363
Disruption of the operation of computer systems
The act of unlawfully seriously disrupting the operation of a computer system by inputting,
transmitting, modifying, deleting or corrupting data or by restricting access to data, shall be
punishable by no less than 2 and no more than 7 years of imprisonment.
Art. 364
Unauthorized transfer of computer data
The unauthorized transfer of computer data from a computer system or from a data storage device
shall be punishable by no less than 1 and no more than 5 years of imprisonment.
Art. 365
Illegal operations with devices or software
(1) Whoever unlawfully produces, imports, distributes, or makes available in any form:
a) devices or software designed or adapted for the purpose of perpetrating any of the offenses
referred to in Art. 360 - 364;
b) passwords, access codes or other such computer data allowing full or partial access to a
computer system for the purpose of perpetrating any of the offenses referred to in Art. 360-364,
shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) Unlawfully owning a device, a piece of software, a password, access code or other data as
mentioned in par. (1) with the purpose of perpetrating any of the offenses referred to in Art. 360-364, shall be punishable by no less than 3 months and no more than 2 years of imprisonment or by
a fine.
Art. 366
Punishing the attempt
The attempt to commit the offenses set out in this chapter shall be punished.
TITLE VIII
Offenses that harm social relationships
CHAPTER I
Offenses against public order and peace
Art. 367
Creation of an organized crime group
(1) The act of initiating or creating an organized crime group or of joining or supporting such a
group in any way shall be punishable by no less than 1 and no more than 5 years of imprisonment
and a ban on the exercise of certain rights.
(2) When the offenses included in the purpose of an organized crime group are punished by life
imprisonment or by a term of imprisonment exceeding 10 years, it shall be punishable by no less
than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(3) If the acts set out in par. (1) and par. (2) were followed by the commission of an offense, the
rules on multiple offenses shall apply.
(4) No penalty shall apply to the individuals who committed the acts set out in par. (1) and par. (2)
if they report the organized crime group to the authorities before it was discovered and before the
commission of any of the offenses included in the purpose of the group.
(5) If the perpetrator of one of the acts referred to in par. (1) - (3) facilitates, during the criminal
investigation, discovery of the truth and the prosecution of one of more members of the organized
crime group, the special limits of the penalty are reduced by one-half.
(6) An "organized crime group" means a structured group, made up of three or more persons, which
exists for a certain period of time and acts in a coordinated manner for the purpose of perpetrating
one or more offenses.
Art. 368
Public instigation
(1) The act of urging the public, verbally, in writing or by any means, to commit offenses shall be
punishable by no less than 3 months and no more than 3 years of imprisonment or by a fine, without
exceeding however the penalty provided by law for the offenses to which the perpetrators instigated.
(2) If the act set out in par. (1) is committed by a public servant, it shall be punishable by no less
than 1 and no more than 5 years of imprisonment and a ban on the exercise of certain rights, without
exceeding however the penalty provided by law for the offenses to which the offender instigated.
(3) If public instigation resulted in the commission of the offense that was the object of the
instigation, the penalty applied shall be the one provided in the laws for the offense in question.
Art. 369
Incitement to hatred or discrimination
Inciting the public, using any means, to hatred or discrimination against a category of individuals
shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
Art. 370
Attempt to determine the commission of an offense
The act of determining an individual, by coercion or corruption, to commit an offense for which the
law stipulates the penalty of life imprisonment or a term of imprisonment exceeding 10 years shall
be punishable by no less than 1 and no more than 5 years of imprisonment or by a fine.
Art. 371
Disturbance of public order and peace
(1) The act of the individual who, in public, by violent acts committed against persons or property
or by threats or serious violations of human dignity, disturbs public order and peace, shall be
punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine.
Art. 372
Unlawful carrying or using dangerous objects
(1) The act of unlawfully carrying to public assemblies, to cultural and sports events, in special
places authorized for leisure activities or on public transportation means:
a) a knife, a dagger, a brass knuckle or other such item produced or manufactured specifically
to cut, stab or hit;
b) non-lethal weapons that are not subject to permits, or electrical shock devices;
c) irritating substances, tear gas, paralyzing substances,
shall be punishable by no less than 3 months and no more than 1 year of imprisonment or by a fine.
(2) The act of unlawfully using in public assemblies, in cultural and sports events, in special places
authorized for leisure activities or on public transportation means any item or substances described
in par. (1) shall be punishable by no less than 6 months and no more than 2 years of imprisonment
or by a fine.
(3) The act of unlawfully carrying the objects or substances described in par. (1) on the premises of
public authorities, in public institutions and in other public or legal entities of public interest, or in
spaces intended to electoral activities shall be punishable by no less than 1 and no more than 3 years
of imprisonment or by a fine.
Art. 373
Preventing the conducting of a public assembly
The act of preventing, by any means, the conducting of a public assembly that has been authorized
under the law shall be punishable by no less than 3 months and no more than 1 year of imprisonment
or by a fine.
Art. 374
Child pornography
(1) The production, possession for display or distribution, the purchase, storage, display, promotion,
distribution and supplying, in any manner, of child pornography shall be punishable by no less than
1 and no more than 5 years of imprisonment.
(2) If the acts set out in par. (1) are committed using a computer system or other means of data
storage, it shall be punishable by no less than 2 and no more than 7 years of imprisonment.
(3) The act of unlawfully accessing child pornography through computer systems or other means
of electronic communication shall be punishable by no less than 3 months and no more than 3 years
of imprisonment or by a fine.
(4) Child pornography means any material that shows a juvenile displaying a sexually explicit
behavior or that, even if not presenting a real person, simulate a juvenile with such behavior in a
credible manner.
(5) The attempt shall be also punishable.
Art. 375
Indecent exposure
The act committed by an individual who unlawfully exposes or distributes images that display a
sexually explicit activity, other than the one referred to in Art. 374, or who commits exhibitionist
acts or other sexually explicit acts shall be punishable by no less than 3 months and no more than
2 years of imprisonment or by a fine.
CHAPTER II
Offenses against family
Art. 376
Bigamy
(1) Entering of a new marriage by an individual who is still legally married to another shall be
punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine.
(2) An unmarried individual who gets married to an individual about whom they know is married,
shall be punishable by no less than 1 month and no more than 1 year of imprisonment or by a fine.
Art. 377
Incest
Sexual intercourse with consent, between persons related in direct line or between siblings, shall be
punishable by no less than 1 and no more than 5 years of imprisonment.
Art. 378
Family abandonment
(1) The commission by an individual having a legal obligation of support with regard to an
individual entitled to receive such support, of one of the following acts:
a) abandoning, sending away or leaving helpless, and thus subjecting them to physical or moral
suffering;
b) failure, in ill-faith, to fulfill their obligation of support provided by the law;
c) failure, in ill-faith, to pay, for two months, the support allowance established by a Court,
shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) The same penalty shall apply to the failure, in ill-faith, by the convict to pay the regular benefits
established by Court order in favor of the individuals entitled to support, for the victim of the crime.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
(4) The act shall not be punishable if, before commencing the criminal action, the defendant meets
their obligations.
(5) If, before the Court order remains final, the defendant meets their obligations, the Court shall
order, as applicable, the deferred enforcement of the penalty, or the suspended service of the
sentence under supervision, even if the requirements provided by the law for such action are not met.
Art. 379
Failure to comply with measures taken for a juvenile's custody
(1) If a parent withholds their juvenile child without the approval of the other parent or of the
individual to whom the juvenile was entrusted under the law, they shall be punishable by no less
than 1 month and no more than 3 months of imprisonment or by a fine.
(2) The same penalty shall apply to the act of an individual to whom the juvenile was entrusted by
Court order, to be raised and educated, in order to repeatedly prevent any of the parents from having
personal interactions with the juvenile, according to the conditions agreed upon by the parties or by
the authorized body.
(3) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 380
Preventing access to compulsory public education
(1) A parent or a person to whom a juvenile was entrusted by law and who withdraws the juvenile
from school or prevents them, by any means, from attending compulsory public education, shall be
punishable by no less than 3 months and no more than 1 year of imprisonment or by a fine.
(2) The act shall not be punishable if, before the criminal investigation is complete, the defendant
submits evidence that the juvenile has resumed attendance.
(3) If, before the Court order remains final, the defendant ensures the resumption of attendance to
courses by the juvenile, the Court shall order, as applicable, the deferred enforcement of the penalty
or the suspended service of the sentence under supervision, even if the requirements provided by
the law for such action are not met.
CHAPTER III
Offenses against freedom of religion and respect owed to the deceased
Art. 381
Preventing the freedom to practice religion
(1) The act of preventing or disturbing the freedom to practice any ritual specific to a religion, which
was organized and operates according to the law, shall be punishable by no less than 3 months and
no more than 2 years of imprisonment or by a fine.
(2) The act of compelling a person, by coercion, to take part in the service of any religion or to
perform a religious act related to the practice of a religion shall be punishable by no less than 1 and
no more than 3 years of imprisonment or by a fine.
(3) The same penalty shall apply to compelling an individual, by violence or threats, to perform a
religious act forbidden by the religion, organized according to the law, to which they belong.
(4) Criminal action shall be initiated based on a prior complaint filed by the victim.
Art. 382
Desecration of places or objects of worship
The desecration of a place or object of worship belonging to a religious denomination which is
organized and operates according to the law, shall be punishable by no less than 6 months and no
more than 2 years of imprisonment or by a fine.
Art. 383
Desecration of corpses or graves
(1) The theft, removal, destruction or desecration of a corpse or of the ashes resulting from its
cremation shall be punishable by no less than 6 months and no more than 3 years of imprisonment.
(2) The desecration, by any means, of a grave, of a funeral urn or of a funereal monument shall be
punishable by no less than 3 months and no more than 2 years of imprisonment or by a fine.
Art. 384
Illegal harvesting of tissues or organs
Unlawful harvesting of tissues or organs from a corpse shall be punishable by no less than 6 months
and no more than 3 years of imprisonment or by a fine.
TITLE IX
Election offenses
Art. 385
Preventing the exercise of electoral rights
(1) Preventing, by any means, the free exercise of the right to elect or be elected shall be punishable
by no less than 6 months and no more than 3 years of imprisonment.
(2) An attack, by any means, on the polling station shall be punishable by no less than 2 and no more
than 7 years of imprisonment and a ban on the exercise of certain rights.
Art. 386
Corruption of voters
(1) The act of offering or giving money or other benefits in order to determine a voter to vote or not
to vote for a certain list of candidates or for an independent candidate shall be punishable by no less
than 6 months and no more than 3 years of imprisonment and a ban on the exercise of certain rights.
(2) The goods of symbolic value, bearing the insignia of a political party, are not included in the
category of goods mentioned in par. (1).
Art. 387
Voting fraud
(1) The act committed by the individual who votes:
a) without having the right;
b) two or more times;
c) by introducing in the box more ballots than allowed;
shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine
and a ban on the exercise of certain rights.
(2) The same penalty shall apply to the use of a voter card or identity document that are counterfeit,
or to the use of counterfeit ballots.
Art. 388
Electronic vote fraud
The act of printing and using false access data, fraudulent access to the electronic voting system or
falsification, by any means, of electronic vote ballots shall be punishable by no less than 1 and no
more than 5 years of imprisonment.
Art. 389
Violation of voting secrecy
(1) The violation, by any means, of the voting secrecy shall be punished by a fine.
(2) If the act was committed by a member of the electoral bureau of the polling section, it shall be
punishable by no less than 6 months and no more than 3 years of imprisonment and a ban on the
exercise of certain rights.
Art. 390
Failure to observe the rules governing ballot boxes
(1) The act of opening a ballot box before the time established for the closure of elections shall be
punishable by no less than 1 and no more than 3 years of imprisonment or by a fine and a ban on the
exercise of certain rights.
(2) Entrusting the special ballot box to individuals other than members of the electoral bureau of the
polling station, or its transportation by other individuals or in conditions different from those
provided by law shall be punishable by no less than 3 months and no more than 2 years of
imprisonment or by a fine and a ban on the exercise of certain rights.
ART. 391
Counterfeiting documents and voting records
(1) Falsification by any means of electoral documents from polling stations shall be punishable
by no less than 1 and no more than 5 years of imprisonment and a ban on the exercise of
certain rights.
#M3
(2) The same penalty shall apply to the enrolment on the copy of the permanent voting list or on the
supplementary voting list of individuals who do not belong on such list.
#B
(3) The introduction in use, or the use of flawed computer software that alters the records or the
counting of results from the polling stations or that determines the illegal distribution of seats shall
be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise
of certain rights.
(4) The same penalty shall apply to the input of data, information or procedures that lead to
alterations in the national computer system required to establish the election results.
Art. 392
Offenses committed in relation to a referendum
The stipulations of Art. 385 - 391 shall apply accordingly in the case of offenses committed in
relation to a referendum.
Art. 393
Punishing the attempt
The attempt to commit the offenses set out in Art. 385 and Art. 387 - 391 shall be punishable.
TITLE X
Offenses against national security
Art. 394
Treason
The act of a Romanian citizen of establishing connections with a foreign power or organization or
with its agents, in order to suppress or undermine the State unity, indivisibility, sovereignty or
independence, by:
a) provocation of war against the country or facilitating foreign military occupation;
b) economic or political undermining of the State, or undermining of the State's defense
capabilities;
c) submission to a foreign power or organization;
d) helping a foreign power or organization to carry out an activity hostile to national security,
shall be punishable by no less that 10 and no more than 20 years of imprisonment and a ban on the
exercise of certain rights.
Art. 395
Treason by disclosure of state secrets
The disclosure of state secrets to a foreign power or organization or to its agents, as well as
obtaining and possessing documents or data representing state secrets, by individuals who are not
authorized to know them, in order to transmit them to a foreign power or organization or to its
agents, committed by a Romanian citizen, shall be punished by no less that 10 and no more than 20
years of imprisonment and a ban on the exercise of certain rights.
Art. 396
Treason by helping the enemy
The act of a Romanian citizen who, during wartime:
a) surrenders territories, towns, strategic defense locations, storage facilities or installations
belonging to the Romanian armed forces or that are used for defense;
b) surrenders ships, aircraft, vehicles, devices, weapons or any other material that can be used
in waging a war;
c) procures troops, valuables and materials of any kind for the enemy;
d) fraternizes with the enemy or carries out any other actions likely to facilitate the enemy's
activity or to weaken the Romanian armed forces' or the allied armed forces' capacity to fight,
e) fights for and is part of war formations fighting against the Romanian state or of its allies
shall be punished by life imprisonment or by no less that 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
Art. 397
Actions against constitutional order
(1) An armed action carried out to change the constitutional order or to hinder or impede the
exercise of the state's power shall be punishable by no less that 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
(2) The act of undertaking any violent actions against humans or property, committed by several
individuals acting together, in order to change the constitutional order or to hinder or impede the
exercise of the state's power, if national security is jeopardized, shall be punishable by no less that
10 and no more than 20 years of imprisonment and a ban on the exercise of certain rights.
Art. 398
High treason
The acts set out in Art. 394 - 397, committed by the President of Romania or by another member
of the Supreme Council for National Defense, constitute offenses of high treason and shall be
punished by life imprisonment or no less that 15 and no more than 25 years of imprisonment and
a ban on the exercise of certain rights.
Art. 399
Hostile actions against the State
The acts set out in Art. 394 and Art. 396 committed by a foreign citizen or by a stateless person shall
be punishable by no less that 10 and no more than 20 years of imprisonment and a ban on the
exercise of certain rights.
Art. 400
Espionage
The acts set out in Art. 395, committed by a foreign citizen or by a stateless person shall be
punishable by no less that 10 and no more than 20 years of imprisonment and a ban on the exercise
of certain rights.
Art. 401
Attack that jeopardizes national security
An attack on the life of an individual who holds a public office, if such attempt jeopardizes national
security, shall be punished by life imprisonment or by no less that 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
Art. 402
Attack against a community
The attack on a community by mass poisoning, causing epidemics or by any other means, likely to
weaken the state's power, shall be punished by life imprisonment or by no less than 15 and no more
than 25 years of imprisonment and a ban on the exercise of certain rights.
Art. 403
Diversionary acts
An act of destroying, damaging or making unfit for use, wholly or in part, through explosion, arson
or in any other manner, of factories, of industrial installations, machines, ways of communication,
means of transportation, means of telecommunication, buildings, industrial or agricultural products
or other assets, if this is likely to jeopardize national security, shall be punished by life imprisonment
or by no less than 10 and no more than 20 years of imprisonment and a ban on the exercise of certain
rights.
Art. 404
Giving false information
The act of communicating or disseminating, in full knowledge, by any means, of false news, data
or information or false documents, if such act is likely to jeopardize national security or the
international relations of Romania, shall be punishable by no less than 1 and no more than 5 years
of imprisonment.
Art. 405
War propaganda
(1) Propaganda for a war of aggression, as well as the spreading of biased or fabricated news in
order to start a war of aggression shall be punished by no less than 2 and no more than 7 years of
imprisonment and a ban on the exercise of certain rights.
(2) The same penalty applies to the acts set out in par. (1), committed in order to start a war of
aggression against Romania or of an domestic armed conflict.
Art. 406
Compromising State interests
An act of destroying, damaging or hiding documents that establish rights of the Romanian State with
regard to a foreign power, if such act is likely to compromise or harm the State interests, shall be
punishable by no less than 7 and no more than 15 years of imprisonment and a ban on the exercise
of certain rights.
ART. 407
Disclosure of secrets that endanger national security
(1) The disclosure of documents or data representing state secrets by an individual who has become
aware of the contents thereof by virtue of their office, if such act jeopardizes national security, shall
be punishable by no less than 7 and no more than 15 years of imprisonment and a ban on the
exercise of certain rights.
(2) Possessing, outside office duties, documents containing state secrets, if such act jeopardizes
national security, shall be punishable by no less than 5 and no more than 10 years of imprisonment.
#M3
(3) The unlawful disclosure of documents or data containing state secrets by a person who becomes
aware of their content outside office duties shall be punishable by no less than 1 and no more than
5 years of imprisonment.
#B
Art. 408
Offenses against representatives who have international immunity
(1) An attack on the life of a representative of a foreign state or another person who has immunity
under international conventions, who is on official mission in Romania, shall be punished by life
imprisonment or by no less than 15 and no more than 25 years of imprisonment and a ban on the
exercise of certain rights.
(2) Deliberate offenses against integrity, health or freedom, committed against one of the individuals
described in par. (1), shall be punished as provided by the laws for the committed act, the special
limits of which shall be increased by one-half.
Art. 409
Creation of illegal intelligence structures
The establishing, organization or creation on Romanian territory of intelligence structures for the
purpose of collecting state secrets or of conducting, through such structures, intelligence collecting
or processing activities, outside the legal framework, shall be punishable by no less that 3 and no
more than 10 years of imprisonment and a ban on the exercise of certain rights.
Art. 410
Failure to report offenses against national security
(1) The act of the individual who, becoming aware of the preparation or commission of one of the
offenses set out in Art. 394 - 397, Art. 399 - 403 and Art. 406 - 409, fails to notify the authorities
immediately, shall be punishable by no less than 2 and no more than 7 years of imprisonment.
(2) Failure to denounce shall not be punishable when committed by a family member.
(3) A person who, before the commencement of a criminal action against an individual for the
commission of the offense that was not reported, notifies the competent authorities concerning such
offense or who, even after commencement of the criminal action, has facilitated the criminal action
against the perpetrator and the other persons involved in the commission of the offense, shall not
be punishable.
Art. 411
Grounds for sentence reduction
If a person who committed one of offenses set under this title facilitates, during prosecution, the
finding of the truth and the bringing of the perpetrator or of the participants before the court, the
special limits of the penalty are reduced by one-half.
Art. 412
Punishing the attempt
(1)The attempt to commit the offenses set out in this title shall be punished.
(2) The production or procurement of means or instruments, as well as the act of taking measures
to commit the offenses referred to in Art. 395 - 397, Art. 401 - 403, Art. 408 and Art. 399 in
relation to the offense of treason by helping the enemy shall be also deemed attempts.
TITLE XI
Offenses against the fighting capacity of the armed forces
CHAPTER I
Offenses committed by the military
Art. 413
Unjustified absence
Unjustified absence of any serviceman from their base or from work, beyond 4 hours and no longer
than 24 hours, in wartime, during a state of siege or state of emergency, shall be punishable by no
less than 1 and no more than 3 years of imprisonment, or by a fine.
Art. 414
Desertion
(1) Unjustified absence of any serviceman from their base or from work, beyond 3 days, shall be
punishable by no less than 1 and no more than 5 years of imprisonment or by a fine.
(2) Desertion in the following circumstances:
a) two or several serviceman together;
b) carrying a military weapon;
c) during missions where they are deployed outside the Romanian State's territory, shall be
punishable by no less than 3 and no more than 10 years of imprisonment.
(3) During wartime or on a territory where a state of siege or a state of emergency has been declared,
desertion of any serviceman from their base or work place beyond 24 hours shall be punishable by
no less than 3 and no more than 10 years of imprisonment.
Art. 415
Violation of guard and security duty
(1) Violation of the rules of guard duty, intervention, escort or security shall be punishable by no
less than 3 months and no more than 3 years of imprisonment or by a fine.
(2) Violation of guard and security duty by a sentinel on station at arms, ammunition or explosive
depots, or in other stations of particular military or State interest shall be punishable by no less than
1 and no more than 5 years of imprisonment.
(3) The violations stipulated in par. (1) and par. (2), when committed in wartime, during a state of
siege or a state of emergency, shall be punishable by no less than 3 and no more than 10 years of
imprisonment.
Art. 416
Leaving station of command
(1) A serviceman's leaving their station, job or any other place where they are supposed to be shall
be punishable by no less than 3 months and no more than 1 year of imprisonment.
(2) Any serviceman's leaving their command or duty-service station shall be punishable by no less
than 1 and no more than 5 years of imprisonment.
#M3
(3) The violations stipulated in par. (1) and (2), when committed during a state of siege or a state
of emergency, shall be punishable by no less than 2 and no more than 7 years of imprisonment, and
when committed in wartime shall be punishable by no less than 3 and no more than 10 years of
imprisonment.
#B
Art. 417
Insubordination
(1) Refusal to execute an order related to service duties shall be punishable by no less than 3 months
and no more than 3 years of imprisonment or by a fine.
(2) In wartime, during a state of siege or a state of emergency, the violation stipulated in par. (1)
shall be punishable no less than 2 and no more than 7 years of imprisonment.
Art. 418
Constraint applied to a superior
(1) Constraint by any means of a superior serviceman by an inferior serviceman, or of a supervisor
by a subordinate, to violate their service duties shall be punishable by no less than 1 and no more
than 3 years of imprisonment.
(2) The violation stipulated in par. par. (1), when committed by 2 or more servicemen together or
before a gathered troop or with the use of a weapon shall be punishable by no less than 2 and no
more than 7 years of imprisonment.
(3) In wartime the violation stipulated in par. (1) shall be punishable by no less than 2 and no more
than 7 years of imprisonment, and the violation stipulated in par. (2) shall be punishable by no less
than 3 and no more than 12 years of imprisonment.
Art. 419
Abuse of authority
The action of a superior or supervisor who, in violation of their service duties, causes serious harm
to the legal interests of an inferior or subordinate or compels them to violate their service duties shall
be punishable by no less than 1 and no more than 3 years of imprisonment.
Art. 420
Striking a superior or inferior serviceman
(1) The act of an inferior serviceman who strikes a superior serviceman or of a subordinate who
strikes a supervisor, when the superior serviceman or supervisor is in the exercise of their service
duties, or for actions completed in the exercise of those service duties, shall be punishable by no less
than 1 and no more than 5 years of imprisonment or by a fine.
(2) The same penalty shall be applicable to the act of a superior serviceman who strikes and inferior
serviceman or a supervisor who strikes a subordinate, when the inferior serviceman or subordinate
is in the exercise of their service duties or for actions completed in the exercise of those service
duties.
(3) When the acts stipulated in par. (1) and par. (2) were committed in wartime during a state of
siege or a state of emergency, the special thresholds of the penalty shall be increased by one-third.
Art. 421
Capitulation
The act of a commanding officer who surrenders the forces under their command to the hands of the
enemy, or who leaves battle equipment or other equipment necessary for prosecuting the war in the
hands of the enemy or destroys or renders such equipment unusable without any of those having
been determined by battle conditions, shall be punishable by life imprisonment or by no less than
15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights.
Art. 422
Leaving the battlefield
The act of leaving the battlefield or refusal to take action during the fighting, or surrender into
captivity or other acts of a nature that serves the cause of the enemy shall be punishable by life
imprisonment or no less than 15 and no more than 25 years of imprisonment and a ban on the
exercise of certain rights.
Art. 423
Unauthorized flight
(1) Flying in an aircraft property of the Romanian air forces without previous authorization to this
effect, as well as failure to comply with flight regulations if thereby a threat is posed to flight
security in the airspace or to the aircraft, shall be punishable by no less than 1 and no more than 3
years of imprisonment or by a fine.
(2) If the act resulted in the destruction or deterioration of the aircraft, it shall be punishable by no
less than 5 and no more than 10 years of imprisonment and a ban on the exercise of certain rights;
if it resulted in a disaster it shall be punishable by no less than 10 and no more than 20 years of
imprisonment and a ban on the exercise of certain rights.
Art. 424
Abandoning ship
(1) A Captain abandoning a navy vessel in case of shipwreck, before having exercised all service
duties to the full, as well as any other crew members without orders from the Captain, shall be
punishable by no less than 1 and no more than 5 years of imprisonment.
(2) If the act is committed in wartime, during a state of siege or state of emergency, it shall be
punishable by no less than 10 and no more than 20 years of imprisonment and a ban on the exercise
of certain rights.
Art. 425
Leaving command
(1) The act of a Captain in charge of a navy vessel or a group of navy vessels who leaves his
command, in situations that could have endangered that navy vessel or groups of navy vessels or
their crews, shall be punishable by no less than 2 and no more than 7 years of imprisonment.
(2) The act of a Captain in charge of a navy vessel or a group of navy vessels who leaves his
command during battle shall be punishable by no less than 10 and no more than 20 years of
imprisonment and a ban on the exercise of certain rights.
Art. 426
Failure to take appropriate steps during navy operations
The act of a Captain in charge of a navy vessel or a group of navy vessels who, without having been
stopped by any orders or prevented by the special mission he was on, does:
a) not take the necessary steps to attack the enemy, fight the enemy, help a vessel of the
Romanian navy or of an allied country, which is being chased or is engaged in battle;
b) not take the necessary steps to destroy an enemy convoy;
c) not chase the enemy's navy or commercial vessels
shall be punishable by no less than 10 and no more than 20 years of imprisonment and a ban on the
exercise of certain rights.
Art. 427
Lowering the flag
The act of a Captain in charge of a military vessel or a group of military vessels, as well as of any
other person on board, who lowers the flag during battle so as to serve the enemy's cause, shall be
punishable by no less than 10 and no more than 20 years of imprisonment and a ban on the exercise
of certain rights.
Art. 428
Collision
(1) The act of a Captain in charge of a military vessel or of any other person on board who caused
a collision of the vessel or caused the vessel to run aground, if such act resulted in serious damage
to the ship, shall be punishable by no less than 5 and no more than 12 years of imprisonment and
a ban on the exercise of certain rights.
(2) In case the act described in par. (1) was committed with basic intent, it shall be punishable by
no less than 6 months and no more than 3 years of imprisonment.
(3) When the act described in par. (1) is committed in wartime, during a state of siege or state of
emergency, shall be punishable by no less than 10 and no more than 20 years of imprisonment and
a ban on the exercise of certain rights.
Art. 429
Punishing the attempt
The attempt to commit the acts stipulated in Art. 421 - 425, Art. 427 and Art. 428 par. (1) shall be
punishable.
Art. 430
Offenses related to military aircraft
#M3
The stipulations in Art. 424 - 426, 428 and 429 shall apply accordingly to military aircraft.
#B
Art. 431
Beginning of the criminal investigation
A criminal investigation into the acts stipulated in Art. 413 - 417 shall only start on the basis of the
commanding officer's motion.
CHAPTER II
Offenses committed by military and civilian personnel
Art. 432
Avoiding military service in wartime
The act of a person who, in wartime or during a state of siege, self-inflicts damage to their bodily
integrity or health, simulates a medical condition or disability, uses counterfeit documents or any
other means to avoid military service, shall be punishable by no less than 2 and no more than 7 years
of imprisonment.
Art. 433
Assault against a sentinel
(1) The act of a person who threatens or strikes a sentinel or a serviceman on intervention, escort
or security detail shall be punishable by no less than 1 and no more than 3 years of imprisonment.
(2) If this act is committed with the use of a weapon, or by two or more persons together, it shall be
punishable by no less than 2 and no more than 7 years of imprisonment.
Art. 434
Avoiding being put on military record
(1) The act of avoiding being put on military record, avoiding selection, avoid being tested for skills
and options on discharging military duties, in times of peace, shall be punishable by a fine.
(2) If the act is committed in wartime or during a state of siege it shall be punishable by no less than
1 and no more than 5 years of imprisonment.
Art. 435
Failure to report for drafting or concentration
(1) Failure to report for drafting, concentration or mobilization in wartime or during a state of siege,
within the deadline set in the summoning order, shall be punishable by no less than 2 and no more
than 7 years of imprisonment.
(2) The same penalty is applicable to a draftee's or concentrated man's failure to report to the base
they were assigned to, as well as to the person who, in lawful performance of alternative service,
fails to report to their employer within the specified deadline.
(3) In case the person summoned is abroad, the reporting deadlines stipulated in par. (1) and par. (2)
shall be extended by 10 days.
Art. 436
Robbing servicemen fallen on the battlefield
(1) Robbing the dead or wounded on the battlefield shall be punishable by no less than 3 and no
more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) The same penalty applies to the act described in par. (1) that, without being committed on the
battlefield, is the result of war operations.
Art. 437
Using the Red Cross logo during military operations
Unlawful use of the "Red Cross" logo or name, or those assimilated to it, in wartime or during a
state of siege, in relation to military operations, shall be punishable by no less than 2 and no more
than 7 years of imprisonment.
TITLE XII
Crimes of genocide, crimes against humanity and war crimes
CHAPTER I
Crimes of genocide and crimes against humanity
Art. 438
Genocide
(1) The act of committing, with the goal of destroying, in whole or in part, a national, ethnic, racial
or religious group, one of the following offenses:
a) killing members of the group;
b) harming the bodily or mental integrity of members of the group;
c) subjecting the group to living conditions of a nature that will lead to their physical
destruction in whole or in part;
d) enacting steps to prevent births within the group;
e) forced transfer of children belonging to one group to a different group,
shall be punishable by life imprisonment or no less than 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
(2) If the acts described in par. (1) are committed in wartime, shall be punishable by life
imprisonment.
(3) Conspiracy to commit the crime of genocide shall be punishable by no less than 5 and no more
than 10 years of imprisonment and a ban on the exercise of certain rights.
(4) Incitement to commit the crime of genocide, committed directly, in public, shall be punishable
by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain
rights.
Art. 439
Crimes against humanity
(1) The act of committing, as part of a generalized or systematic attack on a civilian population, one
of the following offenses:
a) killing persons;
b) subjecting a population or parts of it to living conditions of a nature that will lead to their
physical destruction in whole or in part, with the goal of destroying it;
c) slavery or trafficking in human beings, especially women or children;
d) deportation or forced transfer, in violation of the general rules of international law, of persons
legally located on a certain territory, by expelling them to another state or territory or by using
other means of constraint;
e) torturing persons who are under the perpetrator's guard or under control in any other form,
causing them to sustain physical or psychological harm, or grave physical or psychological
suffering, that goes beyond the consequences of penalties accepted by international law;
f) rape or sexual assault, compelling to engage in prostitution, forced sterilization or illegal
detention of a woman who was forced to become pregnant, with a goal to change a population's
ethnic composition;
g) harming certain persons' physical or psychological integrity;
h) causing certain persons to go missing, by force, with a goal to deprive them of the protection
of the law, for an extended period, by kidnapping, arresting or detention, on orders or
authorization, support or endorsement, from a state or a political organization, followed by
refusal to admit that the person is deprived of freedom or to provide genuine information on the
intentions concerning them or on their location, as soon as such information is requested;
i) imprisonment or any other form of serious deprivation of freedom, in violation of the general
rules of international law;
j) persecution of a specific group or community, by deprivation of fundamental human rights
or by grave restriction of their exercise of those rights, on political, racial, national, ethnic,
cultural, religious, or sexual grounds or based on other criteria recognized as inadmissible under
international law;
k) other similar inhuman acts that cause grave suffering or physical or psychological harm,
shall be punishable by life imprisonment or no less than 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
(2) The same penalty applies to acts stipulated in par. (1) and committed as part of an
institutionalized regime of systematic oppression and domination of one racial group over another,
with the goal of maintaining the existence of that regime.
CHAPTER II
War crimes
Art. 440
War crimes against persons
(1) The act of committing, as part of an armed conflict, irrespective of whether it has and
international character, against one or several individuals protected by international humanitarian
law, one of the following offenses:
a) murder;
b) taking hostages;
c) applying cruel or inhuman treatment, thus causing physical or psychological harm or grave
physical or psychological suffering, especially by torture or mutilation;
d) rape or sexual assault, compelling to engage in prostitution, forced sterilization or illegal
detention of a woman who was forced to become pregnant, with a goal to change a population's
ethnic composition;
e) deportation or forced transfer, in violation of the general rules of international law, of persons
legally located on a certain territory, by expelling them to another state or territory or by using
other means of constraint;
f) applying or executing severe punishment, especially the death penalty or a penalty of
imprisonment, to a person who has not been tried as part of a legal impartial procedure that
provides the guarantees required by international law;
g) exposing an individual to danger of death or serious health harm by:
1. performing experiments on them without their voluntary, specific and previous consent,
or that are not necessary for their health or are not performed in their best interest;
2. harvesting tissues or organs from them for the purpose of transplant, with the exception
or taking blood or skin for therapeutic purposes, in compliance with generally recognized
medical principles and with the person's voluntary, specific and prior consent;
3. subjecting them to methods of treatment that are not recognized by medicine, without
them being necessary for the individual's health and without their voluntary, specific and
prior consent;
h) subjecting an individual to a degrading treatment,
shall be punishable by life imprisonment or no less than 15 and no more than 25 years of
imprisonment and a ban on the exercise of certain rights.
(2) The same penalty shall apply to recruiting or drafting juveniles who have not turned 15 years of
age to the armed forces or armed groups, as well as causing them, by any methods, to take active
part in hostilities.
(3) Injury as part of an armed conflict, irrespective of whether it has and international character, or
a member of the enemy armed forces or a combatant thereof, after such person has surrendered
unconditionally or who has been taken out of the fighting in any manner, shall be punishable by no
less than 5 and no more than 12 years of imprisonment and a ban on the exercise of certain rights.
(4) Commission, as part of an armed conflict with an international character, of one of the following
offenses:
a) illegally keeping in detention or unjustified delay of repatriation of one or several individuals
of those described at par. (5) lett. a);
b) direct or indirect transfer, by an agent of the occupying power, of a part of the civilian
population to whom he belongs, in the occupied territory;
c) compelling, by violence or threat, of one or several individuals of those described at par. (5)
lett. a) to serve in the enemy's armed forces;
d) compelling the citizens of the enemy power to take part in war operations against their own
country shall be punishable by no less than 3 and no more than 10 years of imprisonment and
a ban on the exercise of certain rights.
(5) The persons protected by international humanitarian law are:
a) in an armed conflict with an international character: persons protected under the Geneva
Conventions of 12 August 1949 and the Additional Protocol I of 8 June 1977, especially the
wounded, the sick, the shipwrecked, the prisoners of war and civilians;
b) in an armed conflict without an international character: the wounded, the sick, the
shipwrecked and the persons who are not directly involved in the hostilities and are under the
power of the enemy side;
c) in an armed conflict with or without an international character: members of the armed forces
and combatants of the enemy side, who have laid down their arms or who, for any reason, can
no longer defend themselves and are not under the power of the enemy side.
Art. 441
War crimes against property and other rights
(1) The act of a person who, as part of an armed conflict, with or without an international character,
robs or, in violation of international law and without it being justified by military necessity,
destroys, appropriates or commandeers assets belonging to the enemy side which are under the
power of the side the perpetrator is a member of, shall be punishable by no less than 3 and no more
than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) Declaring, as part of an armed conflict with an international character, the rights and actions of
all citizens of the enemy side or a significant part of them as nullified, suspended or inadmissible
in a court of law shall be punishable by no less than 3 and no more than 10 years of imprisonment
and a ban on the exercise of certain rights.
Art. 442
War crimes against humanitarian operations and insignia
(1) The act of a person who, as part of an armed conflict with or without an international character:
a) launches an attack against the personnel, facilities, materiel, units or vehicles that are
participating in a humanitarian aid mission or a peace-keeping mission under the Charter of the
United Nations and which enjoy the protection international humanitarian law guarantees to
civilians or civilian assets;
b) launches an attack against the personnel, facilities, medical buildings or medical
transportation vehicles that are using the distinctive insignia stipulated in the Geneva
Conventions, according to the stipulations of international humanitarian law, shall be
punishable by no less than 7 and no more than 15 years of imprisonment and a ban on the
exercise of certain rights.
(2) The act of a person who, as part of an armed conflict with or without an international character,
unlawfully uses the distinctive insignia stipulated in the Geneva Conventions, the parley flag, the
enemy's or the United Nations Organization's flag, military insignia or uniform thus causing the
death or injury of one or more individuals, shall be punishable by no less than 7 and no more than
15 years of imprisonment and a ban on the exercise of certain rights.
Art. 443
Use of forbidden methods in combat operations
(1) The act of a person who, as part of an armed conflict with or without an international character:
a) launches an attack by military means against a civilian population or civilians who are not
directly involved in hostilities;
b) launches an attack by military means against civilian assets that are protected as such by
international humanitarian law, especially buildings devoted to religious worship, education,
art, science, charities, historic monuments, hospitals, staging locations for the sick or the
wounded, as well as against towns, villages, domiciles or buildings that are undefended or
located in demilitarized areas, or against facilities or equipment that contains hazardous
substances, insofar as those are not used for military operations;
c) carries an attack by military means, knowing he will cause loss of human lives in the ranks
of the civilian population, destruction of civilian assets, that would be visibly disproportionate
with the overall specific and anticipated military advantage;
d) uses a person protected by the stipulations of international humanitarian law to avoid that
certain locations, areas or military forces become a target for military operations by the enemy
side;
e) uses, as a method to wage war, deliberate starvation of civilians, depriving them of materials
indispensable to survival or preventing them, in violation of international humanitarian law,
from receiving aid intended for them;
f) declares or orders that there shall be no mercy for the defeated;
g) kills or wounds a member of the enemy armed forces or a combatant of the enemy forces by
using deceit;
#M3
h) makes use of cultural assets protected as such by international humanitarian law, especially
historic monuments, buildings devoted to religious worship, education, art or science, to launch
an attack on the enemy side by military means,
#B
shall be punishable by no less than 7 and no more than 15 years of imprisonment and a ban on the
exercise of certain rights.
(2) The carrying of an attack by military means, as part of an armed conflict with an international
character, knowing that it will cause extended, lasting and grave damage to the environment, which
is visibly disproportionate with the overall specific and anticipated military advantage, shall be
punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the exercise
of certain rights.
Art. 444
Use of forbidden means in combat operations
The act of a person who, as part of an armed conflict, with or without an international character:
a) uses poison or weapons carrying poisonous substances;
b) uses asphyxiating, toxic or similar gas and any similar liquids, material or procedures;
c) uses weapons that cause unwarranted physical suffering shall be punishable by no less than
7 and no more than 15 years of imprisonment and a ban on the exercise of certain rights.
Art. 445
Punishing the attempt
The attempt to commit the offenses stipulated in this Title shall be punishable.
TITLE XIII
Final stipulations
Art. 446
Entry into force
(1) This Code shall enter into force on the date to be set in the Law for its enactment, except for the
stipulations of par. (2) and par. (3), which shall come into force 4 days after the date of this Code's
publication in the Official Journal of Romania, Part I.
(2) Law #301/2004 - the Criminal Code, published in the Official Journal of Romania, Part I, #575
of 29 June 2004, as amended, and Law #294/2004 on the Service of Criminal Penalties and
Measures Ordered by the Judicial Bodies as Part of the Criminal Process, published in the Official
Journal of Romania, Part I, #591 of 1 July 2004, as amended, are hereby repealed.
(3) Within 12 months of the date this Code is published in the Official Journal of Romania, Part I,
the Government shall submit to Parliament for adoption the draft law for the enactment of the
Criminal Code.
[Source: Portal Legislativ, Ministry of Justice of Romania.]
* * *
[Documentation Note: Original version published at Monitorul Oficial (Official State Gazette), Part I, No. 510, 24 July 2009. Entry into force: 01 February 2014.]
Notes:
1. Herein below we reproduce the stipulations of Art. IV, as well as of the mention in Law #63/2012
(#M2) on transposition of the EU regulations.
#M2
"Art. IV
Whenever special laws, the Criminal Code or the Criminal Procedure Code send to Art. 112 in Law
#286/2009 of the Criminal Code, the sending shall be deemed to refer to Art. 112 and 112^1.
Whenever special laws, the Criminal Code or the Criminal Procedure Code send to seizure as a
security measure, the sending shall be deemed to include the extended forfeiture."
#M2
*
"This Law transposes into national law Art. 3 in Framework Decision 2005/212/JAI of the Council
from 24 February 2005 on forfeiture of products, instruments and assets linked to the offense, as
published in the Official Journal of the European Union series L#68 of 15 March 2005."
2. Herein below we reproduce the stipulations of Art. 3 - 22, Art. 236 and Art. 241 in Law
#187/2012 (#M3).
#M3
"Art. 3
(1) The stipulations of Art. 4 in the Criminal Code on decriminalization are also applicable to the
situations where a specific act, committed under the sway of the previous law, no longer constitutes
an offense under the new law owing to amendments to the constitutive elements of the offense,
including the form of guilt, required under the new law for an offense to exist.
(2) The stipulations of Art. 4 in the Criminal Code do not apply in the situation where the act is
criminalized by the new law or another law in force, even under a different name. "
#M3
"Art. 4
The penalty for an offense, enforced through a judgment that has remained final under the sway of
the 1969 Criminal Code, and which does not exceed the special maximum stipulated by the Criminal
Code, cannot be reduced following the entry into force of this Law."
#M3
"Art. 5
(1) When a criminal rule sends to another specific rule, from which it borrows one or several
elements, amending the complementing rule also entails amending the incomplete rule.
(2) In case the complementing rule is repealed, the incomplete rule shall preserve the elements it
borrowed from the other, including the penalty thresholds, in the format that existed at the date of
repealing, except for the case when the law mandates otherwise."
#M3
"Art. 6
Loss of rights, bans and incapacities devolving from convictions under the previous law shall
continue to produce effects until lawful rehabilitation takes effect or a judicial rehabilitation is
ordered, insofar as the act the conviction was returned for is also stipulated in the new criminal law
and if the loss of rights, bans and incapacities are stipulated in this law."
#M3
"Art. 7
Whenever a rule that is in force sends to one or more offenses stipulated in the Criminal Code of
1969 or a special law that is amended by the stipulations of this Law, the sending is deemed to refer
to the offense or offenses stipulated by the new law, with the same constitutive elements."
#M3
"Art. 8
The stipulations of Art. 4 shall apply accordingly to the penalties ordered under judgments that
remained final previous to the entry into force of this Law, for acts criminalized by the rules
stipulated in TITLE II."
#M3
"Art. 9
(1) Penalties of imprisonment enforced under the Criminal Code of 1969 for offenses committed
while underage shall not be considered in establishing a state of repeat offense under the Criminal
Code.
(2) Offenses committed while underage, for which penalties were ordered under the Criminal Code
of 1969, shall not constitute obstacles for waiving enforcement of a penalty, postponement of
penalty or suspension of serving a penalty on probation for an offense committed subsequently to
the final conviction."
#M3
"Art. 10
The penalty system for multiple offenses shall apply as under the new Law when at least one of the
offenses in the structure of the multiple offenses was committed under the applicability of the new
Law, even if for the other offenses the penalty was ordered under the old, more favorable law."
#M3
"Art. 11
The stipulations of Art. 62 in the Criminal Code on the fine that accompanies the punishment by
imprisonment do not apply in the case of offenses committed previous to the Code's entry into force
and shall not be considered in the determination of the more favorable criminal law."
#M3
"Art. 12
(1) In the case of the succession of criminal laws that are enacted by the time the conviction remains
final, additional and ancillary penalties shall apply under the law that has been identified as the more
favorable for the committed offense.
(2) The ancillary penalty stipulated in Art. 55 lett. c) in the Criminal Code does not apply to offenses
committed previous to its entry into force."
#M3
"Art. 13
(1) In case of penalties by fine where the judgment remained final under the sway of the Criminal
Code of 1969, the obligatory use of the more favorable criminal law shall be done by comparing the
ordered fine to the amount that results from the stipulations of Art. 61 par. (2) and (4) in the
Criminal Code, with the use of a reference amount of 150 RON for one fine-day.
(2) The stipulations of par. (1) shall apply accordingly to final orders of fines against legal entities,
in which case the reference amount for one fine-day, used in applying Art. 137 par. (2) and (4) in
the Criminal Code, shall be 2,000 RON."
#M3
"Art. 14
(1) Replacement of the punishment by fine with a punishment by imprisonment shall be done as
follows:
a) if the fine had remained final previous to the entry into force of the Criminal Code,
replacement shall be made under Art. 63^1 in the Criminal Code of 1969, without the duration
of the punishment by imprisonment being allowed to exceed the maximum fine-days calculated
under Art. 61 par. (4) in the Criminal Code for the offense subject to conviction;
b) if the fine was ordered after the entry into force of the Criminal Code, for offenses committed
previous to that date, replacement shall be performed based on the stipulations in the law on
whose basis the fine was ordered.
(2) The stipulations of Art. 64 in the Criminal Code shall not apply in the case of offenses
committed previous to its entry into force, even if the fine was ordered under Art. 61 in the Criminal
Code."
#M3
"Art. 15
(1) The measure of conditional suspension of serving a sentence, ordered under the Criminal Code
of 1969, shall be maintained after the entry into force of the Criminal Code.
(2) The regime of conditional suspension of serving a sentence as under par. (1), including in terms
of revocation or nullification of said sentence, is the one stipulated in the Criminal Code of 1969."
#M3
"Art. 16
(1) The measure of suspending the serving of a sentence under supervision, ordered under the
Criminal Code of 1969, shall be maintained after entry into force of the Criminal Code, until
completion of the probation term ordered in the conviction judgment.
(2) To establish the more favorable criminal law concerning suspension under supervision of serving
a sentence as under Art. 5 in the Criminal Code, the Court shall consider the totality of obligations
ordered against the convict and the effects of suspension according to the successive laws, with a
priority to the duration of the probation or supervision term."
#M3
"Art. 17
In applying the stipulations concerning the more favorable criminal law that was enacted during the
time of the trial, a penalty with suspended service, applicable as under the Criminal Code of 1969,
shall be regarded as more favorable than an custodial educational measure as under the Criminal
Code."
#M3
"Art. 18
(1) The educational measure of supervised freedom ordered under the Criminal Code of 1969 shall
be served as under that Code.
(2) If the measure stipulated in par. (1) is revoked after entry into force of the Criminal Code for a
reason other than the commission of an offense, supervised freedom shall be replaced by internment
in an educational center for a duration of one year.
(3) In case supervised freedom is revoked because of the commission of a new offense, depending
on the seriousness of the new offense the Court shall order an educational measure of internment
as under the Criminal Code. "
#M3
"Art. 19
(1) The educational measure of internment in a re-education center ordered under the Criminal Code
of 1969 shall be replaced by the educational measure of internment in an educational center for a
duration equal to the time left between the date the judgment to intern in an educational center
remained final and the date of the convicted individual's coming of age, but no longer than 3 years.
(2) The time served from the educational measure of internment in a re-education center, as well as
the duration of pre-trial arrest and detention, shall be considered time served from the total length
of the educational measure of internment in an educational center.
(3) In the case where, under the Criminal Code of 1969, an order has been returned to prolong the
educational measure of internment in a re-education center, that time shall be served in an
educational center."
#M3
"Art. 20
An enforceable penalty of a fine, ordered for offenses committed under the Criminal Code of 1969
while being underage and not served in whole or in part until the entry into force of the Criminal
Code, shall be replaced by the educational measure of a curfew on weekends, but also considering
the part of the fine that has been covered."
#M3
"Art. 21
(1) An enforceable punishment by imprisonment, ordered under the Criminal Code of 1969 for
offenses committed while being underage, shall be replaced by the educational measure of
internment in a detention center for a length equal to that of the punishment by imprisonment.
(2) A punishment by imprisonment longer than 20 years, ordered for offenses committed while
being underage, shall be replaced by internment in a detention center for a length of 15 years.
(3) In case of multiple offenses, the replacement stipulated at par. (1) and (2) shall be applied to the
resulting penalty.
(4) The part of the penalty by imprisonment that has been served, as well as the length of pre-trial
arrest and detention, shall be considered time served from the length of the educational measure of
internment in a detention center."
#M3
"Art. 22
(1) The measure of suspending serving of sentences ordered under the Criminal Code of 1969 for
offenses committed while being underage shall be maintained after entry into force of the Criminal
Code.
(2) In case suspension of serving a prison sentence as under par. (1) is revoked for reasons other than
commission of a new offense, the penalty by imprisonment shall be replaced by the educational
measure of internment in an educational center for a length equal to the duration of the suspended
sentence, but no longer than 3 years.
(3) In the situation stipulated in par. (2), the penalty by fine that whose service has been suspended
shall be replaced by the educational measure of curfew on weekends for a length of 6 weeks.
(4) If, inside the probation term of suspending a sentence for offenses committed while being
underage, the convict has committed a new offense, the Court shall revoke the suspension and
replace the penalty as under par. (2) or (3), after which:
a) if the new offense has been committed while being underage, an educational measure
shall be ordered for that offense too, and then the harshest educational measure shall be
enforced;
b) if the new offense has been committed after turning of age, a resulting penalty shall be
ordered as under Art. 129 par. (2) in the Criminal Code."
#M3
"Art. 236
The stipulations of the General Part of the Criminal Code, as well as the general stipulations of this
Law, shall also apply to acts that carry criminal penalties under special laws, unless the law
mandates otherwise."
#M3
"Art. 241
The meaning of psychoactive substances is substances listed in the Law, as nominated by the
Ministry of Health."
1. This is the date of release of the latest amending act. Under Art. 246 in Law #187/2012, the date
when Law #286/2009 enters into force is 1 February 2014. [Back]
2. Also see Art. 3 in Law #187/2012 (#M3), an Article that is reproduced in endnote 2 to the
updated text. [Back]
3. Under Art. 237 in Law #187/2012 (#M3), in applying the stipulations of Art. 11 in the Criminal
Code the condition of voluntary presence on Romanian territory shall be interpreted in the sense
of the person being on said territory voluntarily at the date when the judicial bodies rule to deprive
that person of their freedom or restrict that person's freedom in view of the offense that entails
applicability of the principle of universality. [Back]
4. We are quoting below the stipulations of art. 238 of Law no. 187/2012 (#M3).
#M3
"ART. 238
In the application of the stipulations under art. 35 paragraph (1) of the Criminal Code, the unity
of the passive subject is also achieved when:
a) the assets deemed the object of the offense are jointly owned by several people;
b) the offense has prejudiced different secondary passive subjects, but there is only one main passive
subject. " [Back]
5. Also see Art. 9 - 16 in Law #187/2012 (#M3), which are reproduced in endnote 2 to the updated text. [Back]
6. Also see Art. 12 par. (1) in Law #187/2012 (#M3), which is reproduced in endnote 2 to the updated text. [Back]
7. Also see Art. 12 par. (2) in Law #187/2012 (#M3), which is reproduced in endnote 2 to the updated text. [Back]
8. Also see Art. 13 par. (1) in Law #187/2012 (#M3), which is reproduced in endnote 2 to the updated text. [Back]
9. Also see Art. 11 in Law #187/2012 (#M3), which is reproduced in endnote 2 to the updated text. [Back]
10. Also see Art. 14 par. (1) in Law #187/2012 (#M3), which is reproduced in endnote 2 to the updated text. [Back]
11. Also see Art. 14 par. (2) in Law #187/2012 (#M3), which is reproduced in endnote 2 to the updated text. [Back]
12. According to Art. 239 in Law #187/2012 (#M3), the term "conviction" used in Art. 80 par. (2) lett. a) in the Criminal Code also refers to judgments for an educational measure against the defendant when they were underage, except for the case where at least 2 years have passed since
the date of serving such measure or since the measure was deemed to have been served. [Back]
13. Also see Art. 16 in Law #187/2012 (#M3), an Article that is reproduced in endnote 2 to the updated text. [Back]
14. Also see Art. 9 par. (2), and Art. 17 through 22 of Law no. 187/2012 (# M3), that are reproduced
in endnote 2 to the updated text. [Back]
15. In compliance with Art. 240 of Law no. 187/2012 (#M3), in enforcing the stipulations under Art.
135 of the Criminal Code, public authorities are represented by the authorities specifically provided
under Title III, as well as under Art. 140 and 142 of the Constitution of Romania, as republished. [Back]
16. Also see Art. 13 of Law no. 187/2012 (#M3), an Article that is reproduced in endnote 2 to the
updated text. [Back]
17. We present below the stipulations under Art. 69 par. (1) of Law no. 192/2006, as subsequently
amended.
#D1
"ART. 69
(1) If mediation takes place prior to the initiation of the criminal process and results in the
settlement of the conflict and in reaching an agreement, as per Art. 56 par. (1) let. a), by way of
exception from the stipulations under Art. 157 par. (3) of the Criminal Code, the act shall not entail
the criminal liability of the perpetrator with respect to the conflict settled by mediation." [Back]
18. According to Art. 242 of Law no. 187/2012 (#M3), in applying the stipulations of Art. 189 par.
(1) lett. e) of the Criminal Code, murder committed previously means the act of killing an individual,
committed with the intent set by Art. 16 par. (3) of the Criminal Code, except for the offenses set by
Art. 190 i 200 of the Criminal Code. [Back]
19. The stipulations under Article 293 shall apply, irrespective whether the members of the courts of
arbitration are Romanians or foreigners. [Back]
20. Under Article 244 of Law No. 187/2012 (#M3) the stipulations of Art. 302 in the Criminal Code
shall apply irrespective of whether the actions were committed in the framework of professional
relations or not. [Back]
* Translator's note: a type of offense where, after consummation of the ultimate goal of the crime, the effects of that
crime continue to exist and grow progressively, with no intervention by the offender, or new effects are created that
would correspond to a more serious crime. [Back]
