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 of 9 October 1990 on the modification and completion of some provisions of the penal code and the criminal procedure code of PARLIAMENT published in ISSUING OFFICIAL GAZETTE nr. 112 of 10 October 1990, the Romanian Parliament adopts this law.

Article 1 amend penal code and shall be completed as follows: 1. Article 117 shall add a new final paragraph, which reads: "the persons referred to in this article shall not be expelled if there are reasonable grounds to believe that the risk to be subjected to torture in that State to be expelled."
2. Insert after article 267 article 267 ^ 1 with the following content: Torture ". 267 ^ 1. -The Act by which a person, causing intentional, pain or suffering, physical and psychic, particularly times in order to obtain from that person or a third person information or a confession, to punish for an act which he or a third person has committed it is strongly suspected that she has committed, to intimidate or pressure her to intimidate or pressure the third persons, or for any other reason based on any form of discrimination whatever it, when such pain or suffering are applied by an agent of the public authority or any other person acting with the official title or at the instigation of or with the express or tacit consent of such person, shall be punished with imprisonment from 2 to 7 years.
If the Act referred to in paragraph 1. 1 had any consequences as indicated in art. 181 or 182, the punishment is imprisonment from 3 to 10 years.
Torture that resulted in the death of the victim shall be punished with imprisonment or life imprisonment from 10 to 20 years.
The attempt is punishable.
No exceptional circumstance, whatever it may be, whether a State of war or threat of war, instability and internal politics or any other State, cannot be invoked to justify torture; also, it cannot be invoked any order of a superior or public authority.
The acts referred to in paragraph 1. 1 do not constitute the offence of torture if the pain or suffering resulting solely from lawful sanctions and these sanctions are inherent in or caused by them. "

Article 2 of the Criminal Procedure Code changed and completed as follows: 1. Article 27, point 1, letter a) shall read as follows: "the offences provided for in the code) in art. 174-177, 190, 212, 218, 219 paragraph 2. 3 If the act resulted in a disaster, and para. 4, art. 223 para. 3, art. 224 para. 3, art. 225 paragraph 3. 3, art. 226, art. 229 paragraph 2. 3, art. 231 para. 3 and 4, art. 232 paragraph 1. 3 and 4, art. 248 paragraph 1. 2, art. 267 ^ 1, art. 273 para. 2, art. 274 para. 2, art. 275 paragraph 2. 3, art. 276, 282 and 325. "
2. Article 209 paragraph 3 shall read as follows: "the prosecution must be carried out compulsorily, by the Prosecutor in the case of criminal offences provided for in art. 174-177, 179, 189-191, 212, art. 225 paragraph 3. 3, art. 226, 236, 254, 255, 257, 265, 266, 267, 268, ^ 1, 273-276, 282-285, 295-301 and 317 of the criminal code, the offences referred to in article 1. 26 item 2(a). b), art. 27 point 1(a). b) and d), art. 28 section 1 rosé wines. (c)) and art. 29 section 1 rosé wines. b) of this code, as well as in the case of offences against labour protection. "
This law was adopted by the Senate at its meeting on 11 September 1990.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 25 September 1990.
PRESIDENT of the CHAMBER of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on modification and completion of some provisions of the penal code and code of criminal procedure and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — — — — — — —