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Law No. 20 Of 9 October 1990 On The Modification And Completion Of Some Provisions Of The Penal Code And Code Of Criminal Procedure

Original Language Title:  LEGEA nr. 20 din 9 octombrie 1990 pentru modificarea şi completarea unor dispoziţii din Codul penal şi Codul de procedură penală

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LAW no. 20 20 of 9 October 1990 amending and supplementing certain provisions of the Criminal Code and the Code of Criminal Procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 112 112 of 10 October 1990



The Romanian Parliament adopts this law + Article 1 The penal code shall be amended and supplemented as follows: 1. In Article 117, a new, final paragraph is added, with the following contents: "The persons referred to in this Article shall not be expelled if there are serious grounds for believing that they are at risk of being subjected to torture in the State in which they are to be expelled." 2. After Article 267, Article 267 ^ 1 is inserted, with the following contents: Torture " Art. 267 267 ^ 1. -The act by which it is caused to a person, with intent, a strong pain or suffering, physical or mental, especially in order to obtain from this person or from a third person information or confessions, to punish him for an act on which this or a third person has committed or is suspected of having committed it, intimidating it or pressuring it or pressuring or pressuring a third person, or for any other reason based on a form of discrimination. whatever it is, when such pain or suffering is applied by an agent of the authority public or any other person acting on an official basis or at instigating or with the express or tacit consent of such persons, shall be punished with imprisonment from 2 to 7 years. If the act provided in par. 1 had any of the consequences shown in art. 181 or 182, the sentence is imprisonment from 3 to 10 years. The torture that resulted in the death of the victim is punishable by life imprisonment or imprisonment from 10 to 20 years. The attempt is punishable. No exceptional circumstances, whatever it may be, whether it be a state of war or threats of war, domestic political instability or any other state of exception, cannot be relied upon to justify torture; also not to do so. the order of the superior or of a public authority may be invoked. The facts provided in par. 1 does not constitute the crime of torture if the pain or suffering results exclusively from legal sanctions and are inherent to these sanctions or occasioned by them. " + Article 2 The Code of Criminal Procedure shall be amended and supplemented as follows: 1. Article 27 (1) (a) shall read as follows: " a) the offences provided by the Criminal Code in art. 174-177, 190, 212, 218, 219 para. 3, if the act had as a result a disaster, and para. 4 4, art. 223 223 para. 3 3, art. 224 224 para. 3 3, art. 225 225 para. 3 3, art. 226 226, art. 229 229 para. 3 3, art. 231 231 para. 3 3 and 4, art. 232 232 para. 3 3 and 4, art. 248 248 para. 2 2, art. 267 ^ 1, art. 273 273 para. 2 2, art. 274 274 para. 2 2, art. 275 275 para. 3 3, art. 276 276, 282 and 317. " 2. Article 209 (3) shall read as follows: " The prosecution is compulsorily carried out by the prosecutor in the case of the crimes provided by art. 174-177, 179, 189-191, 212, art. 225 225 para. 3 3, art. 226, 236, 254, 255, 257, 265, 266, 267 ^ 1, 268, 273-276, 282-285, 299-302 and 317 Criminal Code, in the case of crimes shown in art. 26 26 section 2 lit. b), art. 27 27 section 1 lit. b) and d), art. 28 28 section 1 lit. c) and art. 29 29 section 1 lit. b) of this code, as well as in the case of crimes against labor protection. " This law was passed by the Senate at its meeting on September 11, 1990. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Assembly of Deputies at its meeting on 25 September 1990. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Romanian Parliament and President, promulgam the Law on modification and completion of some provisions of the Criminal Code and the Code of Criminal Procedure and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU -----------------------