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Law No. 140 Of 5 November 1996 For The Modification And Completion Of The Penal Code

Original Language Title:  LEGE nr. 140 din 5 noiembrie 1996 pentru modificarea şi completarea Codului penal

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LEGE No 140 of 5 November 1996 amending and supplementing the Criminal Code
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 289 of 14 November 1996



The Romanian Parliament adopts this law + Article I The penal code shall be amended and supplemented as follows: 1. Article 1 shall read as follows: " Criminal law purpose + Article 1-Criminal law defends, against crimes, Romania, sovereignty, independence, unity and indivisibility of the state, person, its rights and freedoms, property, as well as the entire order of law. " 2. Article 21 (2) shall read as follows: " The attempt is sanctioned with a sentence between the half of the minimum and the half of the maximum provided by the law for the crime consumed, without the minimum being lower than the general minimum of the sentence. If the punishment provided for by the law is life imprisonment, the prison sentence of 10 to 25 years applies. " 3. Article 34 shall read as follows: " Main sentence in case of contest of offences + Article 34-In case of contest of offences, the punishment for each offence is established, and of these the punishment is applied, as follows: a) when a sentence of life imprisonment and one or more prison sentences or a fine has been established, the punishment of life imprisonment is applied; b) when only prison sentences have been established, the heaviest punishment is applied, which can be increased up to its special maximum, and when this maximum is not indestulatory, an increase of up to 5 years can be added; c) when only fines have been established, the highest penalty is applied, which can be increased up to its special maximum, and if this maximum is not indestulatory, an increase of up to half of that maximum can be added; d) when a prison sentence and a fine penalty have been established, the prison sentence is applied, to which the fine can be added, in whole or in part; e) when several prison sentences were established and several penalties with a fine, the prison sentence applies, according to the letter from lit. b), to which the fine can be added, according to the provision of lit. c). The application of the provisions of the preceding paragraph shall not exceed the total penalties laid down by the court for competing offences. " 4. Article 35 (4) shall be repealed. 5. In Article 37, after paragraph 1, a new paragraph shall be inserted, which shall become paragraph 2, with the following contents: " There is also a relapse in cases where one of the penalties provided in par. 1 is the abhorment of life. " 6. In Article 37, paragraph 2 shall become paragraph 3 and shall read as follows: " For establishing the state of relapse in the cases provided in par. 1 lit. a) and b) and para. 2, it can also be taken into account the judgment of conviction handed down abroad, for an act provided for and by the Romanian law, if the conviction decision was recognized according to the provisions of the law. " 7. Article 39 (1) shall read as follows: " In the case of relapse provided in art. 37 37 para. 1 lit. a), the sentence established for the crime subsequently committed and the punishment imposed for the previous crime shall be merged according to the provisions of art. 34 34 and 35. The increase provided in art. 34 34 para. 1 lit. b) can increase up to 7 years. " 8. Article 39 (4) shall read as follows: " In the case of relapse provided in art. 37 37 para. 1 lit. b) a sentence can be applied up to the special maximum. If the special maximum is unstocking, an increase of up to 10 years can be added in the case of the prison, and in the case of the fine a spore of no more than two thirds of the special maximum can be applied. " 9. Article 39 (1) shall be repealed. 10. Article 53 (1) shall read as follows: "" 1. The main penalties are: a) life imprisonment; b) imprisonment from 15 days to 30 years; c) fine from 100,000 lei to 50,000,000 lei. " 11. Article 53 (2) (c) shall be repealed. 12. In Chapter III of Title III of the General Opinion a new section is inserted, Section I, with the name "Detention for life", which will have the following contents: "" Section I Life Detentiveness The regime of life imprisonment + Article 54-Life detention is executed in prisons specifically intended for this or in special wards of the other penitentiaries. The regime of execution of sentence of life imprisonment is regulated in the Law for the execution of penalties. Non-application of life sentence + Article 55-The punishment of life imprisonment does not apply to the one who, at the time of the sentencing, has reached the age of 60. In this case, the sentence of imprisonment for 25 years and the prohibition of certain rights during its maximum duration shall apply instead of the sentence of detention for life. If the one sentenced to the sentence of life imprisonment has reached the age of 60 during the execution of the sentence, life imprisonment is replaced by imprisonment for 25 years. Conditional release + Article 55 ^ 1-The one sentenced to the sentence of life imprisonment can be conditionally released after the effective execution of 20 years of detention, if he is arousing in work, disciplined and gives thorough evidence of correction, also taking into account the his criminal history. The convict past the age of 60 for men and 55 years for women can be conditionally released after the effective execution of 15 years of detention, if the other conditions provided in par. 1. The punishment is considered to be executed, if within 10 years of the release the convicted did not again enjoy a crime. If during this period of time the liberate has again committed an offence, the provisions of art. 61. Calculation of the sentence in case of switching or replacement + Article 55 ^ 2-In case of commutation or replacement of the sentence of detention for life with the prison sentence, the period of detention shall be considered as part of the prison sentence. " 13. Section I "Prison" of Chapter III of Title III of the General Part becomes Section II. 14. In Article 59, paragraphs 1 and 2 shall read as follows: " After serving at least two-thirds of the term of the sentence in the prison case that does not exceed 10 years or at least three-fourths in the case of imprisonment of more than 10 years, the convict who is arousing in work, disciplined and gives thorough evidence of entitlement, also taking into account his criminal history, can be conditionally released before the full execution of the sentence. In the calculation of the punishment fractions provided in par. 1 account is taken of the part of the sentence that can be considered, according to the law, as executed on the basis of the work performed. In this case, however, conditional release may not be granted before the effective execution of at least half of the duration of the sentence when it does not exceed 10 years and of at least two thirds when the sentence is more than 10 years. " 15. Article 59 shall be inserted after Article 59, which shall read as follows: " Parole in the case of crimes committed at fault + Article 59 ^ 1-The one convicted of committing one or more culpable offences may be conditionally released prior to the full execution of the sentence, having executed at least half the length of the sentence in the case of imprisonment not exceeds 10 years or at least two thirds in the case of imprisonment of more than 10 years, if it fulfils the other conditions laid down in art. 59 59 para. 1. Art. 59 59 para. 2 shall apply accordingly, conditional release being granted before the effective execution of at least one third of the duration of the sentence when it does not exceed 10 years and at least half when the sentence is more than 10 years. If the punishment that is executed is resulting from the contest between crimes committed at fault and intentional crimes, the provisions of art. 59. Art. 59 59 para. 3 3 and 4 shall apply accordingly. ' 16. Article 60 shall read as follows: " Parole in special cases + Article 60-The convict who, due to the state of health or other causes, has never been used at work or is no longer used, can be conditionally released after the execution of the sentence sentences shown in art. 59 or, as appropriate, in art. 59 ^ 1, if it gives thorough evidence of discipline and correction. Those convicted during the minority, when they reach the age of 18, as well as convicts past the age of 60 for men and 55 for women, can be conditionally released after serving a third of the term of sentence in the case. prison that does not exceed 10 years or half in the case of imprisonment of more than 10 years, if they meet the other conditions provided for in art. 59 59 para. 1. Persons referred to in par. 2, convicted of committing a crime at fault, can be conditionally released after serving a fourth of the term of sentence in the case of imprisonment not exceeding 10 years or a third in the case of imprisonment of more than 10 years, if meet the other conditions provided in art. 59 59 para. 1. If the punishment that is executed is resulting from the contest between crimes committed at fault and intentional crimes, the provisions on conditional release in the case of intentional crimes apply. When the convict executes several prison sentences, which do not merge, the sentence factions count against the total penalties. In all cases, the part of the sentence considered, according to the law, as executed on the basis of the work performed, shall be taken into account in the calculation of the sentence Art. 59 59 para. 4 4 shall apply accordingly. '; 17. Article 61 (2) shall read as follows: " revocation is mandatory if the act committed is a crime against the safety of the state, a crime against peace and mankind, a crime of murder, a crime committed with intent that had as a result the death of a person or a offence by which particularly serious consequences have occurred. " 18. Section II "Amenda" of Chapter III of Title III of the General Part becomes Section III. 19. In Article 63, paragraphs 2, 3 and 4 shall read as follows: " Whenever the law provides that a crime is punishable only by a fine, without showing its limits, its special minimum is 150,000 lei, and the maximum of 10,000,000 lei. When the law provides for the punishment of the fine without showing its limits, alternately with the prison sentence of no more than one year, the special minimum of the fine is 250,000 lei and the special maximum of 15,000,000 lei, and when it provides for the punishment of the alternative fine The prison of more than one year, the special minimum is 350,000 lei and the special maximum of 30,000,000 lei. In case of application of the causes of mitigation or aggravation of penalties, the fine may not exceed the general limits shown in art. 53 53 section 1 lit. c). " 20. Article 64 (1) (a) shall read as follows: "" a) the right to choose and be elected to public authorities or to public elective functions; " 21. Article 67 (2) shall read as follows: "Military degradation must necessarily apply to military and reserve convicts, if the main sentence established is imprisonment of more than 10 years or life imprisonment." 22. Articles 68, 69 and 70 shall be repealed. 23. Article 71 (2) shall read as follows: " Sentencing to the sentence of life or imprisonment entails the prohibition of rights shown in the preceding paragraph from the moment the sentencing judgment remained final at the end of the execution of the sentence, until the pardon total or the rest of the sentence or until the period of limitation of the execution of the sentence. " 24. In Article 76 (1), points e) and f) shall read as follows: " e) when the special minimum of the prison sentence is 3 months or higher, the sentence is reduced below this minimum, up to the general minimum, or a fine is applied that cannot be less than 300,000 lei, and when the special minimum is below 3 months, it applies a fine that cannot be less than 200,000 lei; f) when the punishment provided by law is fine, it falls below its special minimum, being able to be reduced up to 150,000 lei if the special minimum is 350,000 lei or higher, or up to the general minimum when the special minimum is below 350.000 350.000 lei. " 25. In Article 76, paragraphs 2 and 3 shall read as follows: " In the case of crimes against the safety of the state, crimes against peace and mankind, the crime of murder, the crime committed with intent that resulted in the death of a person, or the crimes by which they occurred Particularly serious consequences, if there are mitigating circumstances, the prison sentence can be reduced to no more than one third of the special minimum. When there are mitigating circumstances, the complimentary custodial sentence, provided by law for the offence committed, can be removed. " 26. Article 77 shall read as follows: " Mitigating circumstances in case of life sentence + Article 77-When for the crime committed the law provides for the punishment of life imprisonment, if there are mitigating circumstances, the prison sentence of 10 to 25 years applies. " 27. Article 78 (1) shall read as follows: " If there are aggravating circumstances, a sentence can be imposed up to the special maximum. If the special maximum is unstocking, in the case of the prison a spore can be added up to 5 years, which cannot exceed a third of this maximum, and in the case of the fine a increase of no more than half of the special maximum can be applied. " 28. Article 78 (2) shall be repealed. 29. Article 80 (3) shall read as follows: " In the case of concomitant application of provisions regarding aggravating circumstances, relapse and contest of crimes, the prison sentence may not exceed 25 years, if the special maximum for each offence is 10 years or less, and 30 years. years, if the special maximum for at least one of the crimes is more than 10 years. " 30. In Article 81, after paragraph 2, a new paragraph shall be inserted which shall read as follows: " The conditional suspension of the execution of the sentence cannot be ordered in the case of intentional crimes for which the law provides for the prison sentence of more than 12 years, as well as in the case of crimes of serious bodily harm, rape and torture 31. In Article 81, paragraph 3, which becomes paragraph 4, shall read as follows: " In the case of conviction for a crime by which a damage occurred, the court may order the conditional suspension of the execution of the sentence only if until the judgment of the damage has been fully repaired or the payment of compensation is guaranteed by an insurance undertaking. '; 32. In Article 86 ^ 1, after paragraph 2, a new paragraph shall be inserted which shall read as follows: " The suspension of the execution of the sentence under supervision may not be ordered in the case of intentional crimes for which the law provides for the prison sentence of more than 12 years, as well as in the case of crimes of serious bodily harm, rape 33. In Article 86 ^ 1, paragraph 3, which becomes paragraph 4, shall read as follows: "" Provisions art. 81 81 para. 4 4 and 5 shall also apply to the suspension of the execution of the sentence under supervision. 34. Article 86 ^ 7 (3) shall read as follows: "The execution of the sentence at work cannot be ordered in the case of intentional crimes for which the law provides for the prison sentence of more than 12 years, as well as in the case of crimes of serious bodily harm, rape and torture." 35. Article 87 (4) shall read as follows: "During the execution of the prison sentence at work does not enter the time when the convict is absent from work." 36. Article 90 (1) (a) shall read as follows: " a) the punishment provided by law for the crime committed is imprisonment of no more than one year or fine or the crimes provided in art. 208, 213, 215 para. 1 1, art. 215 ^ 1 para. 1 1, art. 217 217 para. 1 1, art. 219 219 para. 1, if the value of the damage does not exceed 100,000 lei or the crime provided for in 249, if the amount of damage does not exceed 500,000 lei; 37. Article 91 (c) shall read as follows: "c) fine from 100,000 lei to 1,000,000 lei." 38. Article 103 (2) shall read as follows: " The court puts in mind, to the one who was entrusted with supervision, the duty to watch closely over the minor, for the purpose of his correction. It is also considered that he has the obligation to notify the court immediately, if the minor absconds from the supervision that is exercised on him or has bad behavior or has again enjoyed a deed provided by the criminal law. " 39. In Article 103, after paragraph 2, two new paragraphs shall be inserted, which shall become paragraphs 3 and 4, with the following contents: " The court may impose on the minor the respect of one or more of the following obligations: a) not to attend certain established places; b) not to get in touch with certain persons; c) to perform a unpaid activity in an institution of public interest fixed by the court, with a duration between 50 and 200 hours, maximum 3 hours per day, after the school program, on non-working days and on holiday. The court draws the minor's attention to the consequences of his behavior. 40. In Article 103, paragraph 3, which becomes paragraph 5, shall read as follows: "After taking the measure of supervised freedom, the court shall inform the school where the minor learns or the unit where he is employed and, as the case may be, the institution to which the activity established by the court provides." 41. In Article 110, paragraphs 2 and 3 shall be repealed. 42. Article 110 (1) shall be inserted after Article 110, which shall read as follows: " Suspension of the execution of the sentence under supervision or + Article 110 ^ 1-O date with conditional suspension of the execution of the prison sentence imposed on the minor under the conditions of 110, the court may order, during the trial period, but until the end of the 18-year-old age, entrusting the supervision of the minor to a person or institution from those shown in art. 103, while establishing for minor one or more obligations among those provided for in art. 103 103 para. 3, and after reaching the age of 18, compliance by him with the surveillance measures or the obligations provided in art. 86 86 ^ 3. Art. 81 81 para. 3 3 and 4, art. 82 82 para. 3 3, art. 83 83, 84 and 86 shall apply accordingly. Evading the minor from fulfilling the obligations provided in art. 103 103 para. 3 may attract revocation of conditional suspension. In case of failure to comply with supervisory measures or obligations established by the court, according to art. 86 ^ 3, the provisions of art. 86 ^ 4 para. 2. The provisions of the preceding paragraphs shall also apply in the event of a conditional discharge of the minor. " 43. Article 113 (3) shall read as follows: "If the person liable for treatment is sentenced to the sentence of life imprisonment or prison sentence, the treatment shall also be carried out during the execution of the sentence." 44. Article 119 (2) shall be repealed. 45. Article 126 (1) (a) shall read as follows: "" a) 20 years, when the sentence to be served is detention for life or imprisonment of more than 15 years; " 46. In Article 126, paragraphs 2 and 4 shall read as follows: " The limitation period for the execution of administrative sanctions provided for in art. 18 ^ 1 and in art. 91 is a year old. " " In the event of the revocation of the conditional suspension of the execution of the sentence, the suspension of the execution of the sentence under supervision or, as the case may be, the execution of the sentence at the workplace, the limitation period begins to run from the date remained final. " 47. Article 129 shall be reintroduced after Article 129, which shall read as follows: " Prescription of the execution of the sentence that replaced the sentence of life imprisonment + Article 130-The execution of the prison sentence, when it replaces the punishment of life imprisonment, is prescribed in 20 years. The limitation period shall run from the final stay of the judgment of conviction to life imprisonment. " 48. Article 133 (2) shall read as follows: "The rehabilitation does not have as a result the obligation to reintegrate into the position from which the offender was removed following the conviction or recall in the permanent frames of the armed forces or rendering the lost military degree." 49. Article 134 (2) shall be repealed. 50. Article 135 (1) (a) shall read as follows: "" a) in the case of a prison sentence of more than one year up to 5 years, after the passage of a term of 4 years, plus half of the duration of the sentence handed down; " 51. Article 145 shall read as follows: "" Public + Article 145-Public authorities, public institutions, institutions or other legal persons of public interest, the administration, use or exploitation of public property, the services of public interest, as well as goods of any kind that, according to the law, are of public interest. " 52. Article 146 shall read as follows: " Particularly serious consequences + Article 146-Through "particularly serious consequences" is understood a material damage of more than 50,000,000 lei or a particularly serious disturbance of activity, caused by a public authority or any of the units to which art refers. 145 or to another legal or natural person. " 53. Article 147 shall read as follows: " Civil servant and civil servant + Article 147-"public servant" means any person who exercises permanently or temporarily, with any title, no matter how it was invested, a charge of any kind, whether or not repaid, in the service of a unit of those to which it is refer art. 145. The "official" means the person referred to in paragraph 1. 1 1, as well as any employee who exercises a charge in the service of a legal person other than those provided for in that paragraph. " 54. Article 148 shall be repealed. 55. Article 150 (2) shall read as follows: "Officially inscribed" is any inscription that emanates from a unit of those to which art refers. 145 145 or belonging to such a unit. " 56. Title I of the Special Part will be called "Crimes against State Safety". 57. Article 155 shall read as follows: " Betrayal + Article 155-Fact of the Romanian citizen or of the person without citizenship, domiciled on the territory of the Romanian state, to enter into connection with a power or with a foreign organization or with their agents, in order to suppress or stir the unit and the indivisibility, sovereignty or independence of the state, through actions of war provocation against the country or the facilitation of foreign military occupation, or of economic or political undermining of the state, or of servitude towards a foreign power, or helping a foreign power to carry out a spiteful activity against state security, is punishable by detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. " 58. In Article 156 (1), points a) and d) shall read as follows: "" a) teaches territories, cities, defence positions, warehouses or installations of the Romanian armed forces or serving the defence; " "d) passes the enemy's side or performs other actions which are likely to favour the activity of the enemy or to weaken the fighting power of the Romanian armed forces or allied armies," 59. Article 160 shall read as follows: " The bombing that endangers the safety of the state + Article 160-Atentation enjoyed against life, bodily integrity or health of a person who performs an important state activity or other important public activity, in circumstances that make the act endanger safety of the state, it is punishable with detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. " 60. Article 166 shall read as follows: " Propaganda for the totalitarian state + Article 166-Propaganda in order to establish a totalitarian state, committed by any means, in public, is punishable by imprisonment from 6 months to 5 years and the prohibition of some rights. Propaganda consists in spreading, systematically, or in condoning ideas, conceptions or doctrines with the intention of persuading and attracting new followers. " 61. After Article 166, the following Article 166 ^ 1 is inserted, which shall read as follows: " Actions against constitutional order + Article 166 ^ 1-Initiation, organization, commission or support of actions that may endanger in any form the constitutional order, the national, sovereign, independent, unitary and indivisible character of the Romanian state shall be punished with imprisonment from 5 to 15 years and prohibition of some rights. The act of urging the public to commit the acts provided in par. 1 is punishable by imprisonment from 2 to 7 years. If the act provided in par. 2 had as a result the commission of the crime to which he was urged, the punishment is the one provided by law for that crime. The enterprise of any action for the change through violence of the constitutional order shall be punished with imprisonment from 10 to 20 years and the prohibition of some rights. " 62. Article 167 (1) shall read as follows: " Initiation or establishment of an association or group for the purpose of committing any of the crimes provided for in art. 155-163, 165 and 166 ^ 1 times the accession or support in any form of such an association or group shall be punished with detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. " 63. Article 167 (3) shall be repealed. 63 bis. In Article 167, paragraph 4, which becomes paragraph 3, shall read as follows: " If the facts provided in par. 1 1 were followed by the commission of a crime, the rules of the contest of crimes apply. " 64. Article 168 (1) shall be inserted after Article 168, which shall read as follows: " Communication of false information + Article 168 ^ 1-Communication or spread, by any means, of news, data or false information or falsified documents, if the act is likely to affect the safety of the state or international relations of Romania, shall be punished with imprisonment from one to five years. " 65. In Article 170, paragraphs 1 and 2 shall read as follows: " The failure to immediately denounce the commission of any of the crimes provided for in art. 155-163, 165, 166 ^ 1 and 167 are punishable by imprisonment from 2 to 7 years. The omission to denounce, perpetrated by the husband or a close relative, shall not be punished. " 66. In Article 173, paragraphs 2 and 5 shall read as follows: " It is considered to be attempted and to produce or procure the means or instruments, as well as to take measures to commit the crimes provided in art. 156, 157, 159-163, 165, 166, 166 ^ 1 and art. 158 reported to the crime of treason by aiding the enemy. " " The concealment and favoring committed by the spouse or a close relative in the case of the crimes provided in art. 155-163, 165, 166 ^ 1 and 167 are punishable. The limits of the sentence provided in 3 are reduced by half, and in the case of other crimes concealment and favoring are not punishable. " 67. Article 175 (1) shall read as follows: " The Omor enjoyed in any of the following circumstances: a) with premeditation; b) of material interest; c) on the spouse or a close relative; d) taking advantage of the victim's state of helplessness to defend himself; e) by means of endangering the lives of several persons; f) in connection with the performance of the victim's duty or public duties; g) to evade or to evade another from prosecution or arrest, or from the execution of a sentence; h) to facilitate or hide the commission of another crime; i) in public, is punishable by imprisonment from 15 to 25 years and the prohibition of some rights. " 68. Article 176 (1) shall read as follows: " The Omor enjoyed in any of the following circumstances: a) by cruelties; b) on two or more persons; c) by a person who has also enjoyed a murder; d) to savor or hide the commission of a tilting or piracy; e) on a pregnant woman; f) on a magistrate, policeman, constable or on a military, during or in connection with the performance of their duty or public duties, it is punishable with detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. " 69. Article 178 (3) shall read as follows: "When the culpable homicide of a person is committed by a driver of a vehicle with mechanical traction, having in his blood an alcoholic imbibation exceeding the legal limit or who is drunk, the sentence is imprisonment from 5 to 15 years." 70. Article 181 (1) shall read as follows: "The act by which bodily integrity or health has been caused an injury that requires for healing medical care of no more than 60 days is punishable by imprisonment from 6 months to 5 years." 71. Article 182 (2) shall read as follows: "When the act was committed in order to produce the consequences provided for in the previous paragraph, the sentence is imprisonment from 3 to 10 years." 72. Article 183 shall read as follows: " Injuries or injuries causing death + Article 183-If any of the facts provided for in art. 180-182 had as a result the death of the victim, the sentence is imprisonment from 5 to 15 years. " 73. After Article 184, Article 185 shall be reintroduced, which shall read as follows: " The illegal challenge of abortion + Article 185-Discontinuation of the course of pregnancy, by any means, committed in any of the following circumstances: a) outside medical institutions or medical offices authorized for this purpose; b) by a person who does not have the status of a specialist doctor; c) if the age of pregnancy has exceeded fourteen weeks, is punishable by imprisonment from 6 months to 3 years. Interrupting the course of pregnancy, committed under any conditions, without the consent of the pregnant woman, is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. If by the facts provided in par. 1 and 2 caused the pregnant woman any serious bodily harm, the punishment is imprisonment from 3 to 10 years and the prohibition of some rights, and if the act had as a result the death of the pregnant woman, the sentence is imprisonment from 5 to 15 years and prohibition of rights. If the act provided in par. 2 and 3 was committed by the doctor, in addition to the prison sentence, the ban on the exercise of the medical profession will also be applied, according to art. 64 lit. c). The attempt is punishable. It shall not be punishable by a doctor's task: a) if the termination of the course of pregnancy was necessary to save the life, health or bodily integrity of the pregnant woman from a serious and imminent danger and which could not be removed otherwise; b) in the case provided in par. 1 lit. c), when the interruption of the pregnancy course was required for therapeutic reasons, according to the legal provisions c) in the case provided in par. 2, when the pregnant woman was unable to express her will, and the interruption of the course of pregnancy was required for therapeutic reasons, according to the legal provisions. " 74. In Article 189, paragraphs 1, 2 and 4 shall read as follows: "An illegal person's lack of freedom is punishable by imprisonment from one to five years." " If the act is committed by simulating official qualities, by kidnapping, by an armed person, by two or more persons together or if in exchange for release is required a material use or any other advantage, as well as in the case of which the victim is a minor or is subject to suffering or health or life is endangered, the sentence is imprisonment from 5 to 12 years. " "If the act resulted in the death or suicide of the victim, the sentence is imprisonment from 15 to 25 years." 75. In Article 192, paragraphs 1 and 2 shall read as follows: " Penetration without right, in any way, in a dwelling, room, dependency or place surrounded by them, without the consent of the person who uses them, or the refusal to leave them at his request, shall be punished with imprisonment from 3 months to 3 3 years or a fine. If the act is committed by an armed person, by two or more persons together, during the night or by use of false qualities, the punishment is imprisonment from 2 to 7 years. " 76. Article 193 (1) shall read as follows: " The act of threatening a person with the commission of a crime or a damaging act directed against it, of the husband or of a close relative, if it is likely to alarm, is punishable by imprisonment from 3 months to 3 years or with a fine, without the punishment imposed on being able to exceed the sanction provided by law for the offence that formed the object of the threat. 77. Article 194 shall read as follows: "" The blackmail + Article 194-Building a person, through violence or threat, to give, to do, not to do or to suffer something, if the act is committed to unjustly dobindi one use, for himself or another, is punishable by imprisonment from 6 months years. When coercion consists in threatening to expose a real or imaginary, compromising fact for the threatened person, for its spouse or for a close relative, the punishment is imprisonment from 2 to 7 years. " 78. Article 195 (1) shall read as follows: "The opening of a correspondence addressed to another or the interception of a conversation or communications made by phone, telegraph or other means of distance transmission, without right, shall be punishable by imprisonment from 6 months to 3 years." 79. In Article 197, paragraphs 1 to 3 and 5 shall read as follows: " The sexual relationship with a female person, by coercing her or taking advantage of her impossibility to defend herself or to express her will, is punishable by imprisonment from 3 to 10 years. The sentence is imprisonment from 5 to 15 years, if: a) the act was committed by two or more persons together; b) the victim is in care, protection, education, security or in the treatment of the perpetrator; c) a serious injury to bodily integrity or health has been caused to the victim. The sentence is imprisonment from 10 to 20 years if the victim has not reached the age of 14, and if the act had as a result the death or suicide of the victim, the sentence is imprisonment from 15 to 25 years. The facts provided in par. 1 1, 2 lit. b) and c) and para. 3 sentence I shall not be punished if the marriage between the author and the victim has remained final. In case of participation, in other conditions than that provided in par. 2 lit. a), the marriage between the author and the victim produces the same effects to the participants. " 80. Article 198 (3) shall read as follows: " When the act provided in par. 1 was committed in the circumstances provided for in art. 197 197 para. 2 lit. b) or if the facts provided in par. 1 and 2 had the consequences provided in art. 197 197 para. 2 lit. c), the sentence is imprisonment from 3 to 12 years. " 81. Article 200 shall read as follows: " Sexual intercourse between people of the same sex + Article 200-Sexual relations between persons of the same sex, committed in public or if they have produced public scandal, are punishable by imprisonment from one to 5 years. The act of the majority to have sexual relations with a minor of the same sex is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. Sexual relations with a person of the same sex in impossibility to defend themselves or to express their will or by coercion are punishable by imprisonment from 3 to 10 years and the prohibition of some rights. If the act provided in par. 2 and 3 has as a result serious injury to bodily integrity or health, the sentence is imprisonment from 5 to 15 years and prohibition of some rights, and if it has as a result the death or suicide of the victim, the sentence is imprisonment from 15 to 25 years and prohibition of some rights. Urging or grooming a person for the practice of sexual relations between persons of the same sex, as well as propaganda or association or any other acts of proselytism committed for the same purpose shall be punishable by imprisonment from one to 5 years. " 82. In Article 201, paragraphs 1 and 2 shall read as follows: " The acts of sexual perversion committed in public or if they have produced public scandal are punishable by imprisonment from one to 5 years. Art. 200 200 para. 2 2-5 shall apply accordingly. ' 83. Article 205 (1) shall read as follows: "Touching the honor or reputation of a person by words, by gestures or by any other means, or by exposure to mockery, is punishable by imprisonment from one month to 2 years or a fine." 84. Article 206 (1) shall read as follows: " The affirmation or imputation in public, by any means, of a determined fact regarding a person, who, if true, would expose that person to a criminal, administrative or disciplinary sanction or public contempt, shall be punished with imprisonment from 3 months to 3 years or with a fine. " 85. Title III of the Special Part will be called "Crimes against Heritage". 86. Article 208 (1) shall read as follows: "Taking a good mobile from the possession or detention of another, without his consent, in order to unfairly himself, is punishable by imprisonment from one to 12 years." 87. Article 209 shall read as follows: " Qualified theft + Article 209-The theft enjoyed in the following circumstances: a) two or more persons together; b) a person carrying a weapon or a narcotic substance; c) by a masked person, disguised or transvestite; d) on a person unable to express his will or to defend himself; e) in a public place; f) in a means of public transport; g) during the night; h) during a calamity; i) by burglary, escalation or by the use without right of a true key or a false key, is punishable by imprisonment from 3 to 15 years. With the same punishment, theft is also sanctioned: a) petroleum products or natural gas from pipelines, deposits or tankers; b) a good that is part of the cultural heritage; c) an act that serves to prove the civil status, for legitimation or identification. The theft that has caused particularly serious consequences is punishable by imprisonment from 10 to 20 years and the prohibition of some rights. " 88. Article 211 shall read as follows: "" Tilharia + Article 211-The theft enjoyed by use of violence or threats or by putting the victim unconscious or unable to defend himself, as well as the theft followed by the use of such means to preserve the stolen property. or to remove the traces of the crime or for the perpetrator to ensure his escape, is punishable by imprisonment from 3 to 18 years. Tilharia committed in the following circumstances: a) two or more persons together; b) a person carrying a weapon or a narcotic substance; c) by a masked person, disguised or transvestite; d) during the night; e) in a public place or in a means of transport; f) in a dwelling or in its dependencies; g) during a calamity; h) had any of the consequences shown in art. 182 182, is punishable by imprisonment from 5 to 20 years. Tilharia that produced particularly serious consequences or had as a result the death of the victim is punishable by imprisonment from 15 to 25 years and the prohibition of some rights. " 89. In Article 212, paragraphs 1 to 3 shall read as follows: " Robbing by acts of violence committed for personal purposes, by the crew or passengers of a ship against persons or goods found on that ship or against another ship, whether the vessels are on the high seas or in a place that is not subject to the jurisdiction of any state, is punishable by imprisonment from 3 to 18 years. If piracy had any of the consequences shown in art. 182, the sentence is imprisonment from 5 to 20 years. Piracy that caused particularly serious consequences or had as a result the death of the victim is punishable by imprisonment from 15 to 25 years and the prohibition of some rights. " 90. Article 213 shall read as follows: " Abuse of trust + Article 213-The appropriation of a movable property of another, held with any title, or the disposition of this good unjustly or the refusal to return it, is punishable by imprisonment from 3 months to 4 years or with a fine. If the property is privately owned, unless it is in full or in part of the state, the criminal action is set in motion at the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. " 91. Article 214 shall read as follows: " Fraudulent management + Article 214-Prication of damage to a person, in bad faith, on the occasion of the administration or preservation of its goods, by the one who has or must take care of the administration or preservation of those goods, shall be punished with imprisonment of months to 5 years. Fraudulent management committed in order to dobindi a material use is punishable by imprisonment from 3 to 10 years, if the act does not constitute a more serious crime. If the property is privately owned, unless it is entirely or in part the property of the state, the criminal action for the act provided in par. 1 shall be set in motion at the prior complaint of the injured person. " 92. Article 215 shall read as follows: " Deception + Article 215-Inducting a person into error, by presenting as true a false fact or as a liar of a true deed, in order to obtain for himself or for another an unjust material use and if a damage, is punishable by imprisonment from 6 months to 12 years. Deception committed by the use of false names or qualities or other fraudulent means is punishable by imprisonment from 3 to 15 years. If the fraudulent means constitute a crime itself, the rules on the contest of crimes apply. Inducing or misleading a person on the occasion of the conclusion or execution of a contract, committed in such a way that, without this error, the one deceived would not have concluded or executed the contract under the stipulated conditions, shall be sanctioned with the sentence provided for in the preceding paragraphs after the distinctions there shown. Issuance of a check on a credit institution or person, knowing that for its valorization there is no provision or coverage required, as well as the deed to withdraw, after issuance, the provision, in whole or in part, or to prohibit the carriage to pay before the expiry of the presentation deadline, for the purpose shown in paragraph 1. 1, if a damage was caused to the holder of the cheque, it is sanctioned with the punishment provided in par. 2. The deception that has had particularly serious consequences is punishable by imprisonment from 10 to 20 years and the prohibition of some rights. " 93. Article 215 shall be inserted after Article 215, which shall read as follows: "" Delapidation + Article 215 ^ 1-Insuation, use or trafficking, by an official, in his interest or for another, of money, values or other goods he manages or manages, is punishable by imprisonment from one to 15 years. If the embezzlement had particularly serious consequences, the punishment is imprisonment from 10 to 20 years and the prohibition of some rights. " 94. Article 217 shall read as follows: " Destruction + Article 217-Destruction, degradation or non-use of a good belonging to another or preventing the taking of conservation or saving measures of such good, as well as the removal of the measures taken, shall be punishable by imprisonment from one month to 3 years or a fine. If the good has special artistic, scientific, historical, archival value or another such value, the punishment is imprisonment from one to 10 years. Destruction, degradation or non-use of an oil or gas pipeline, a high voltage cable, telecommunications equipment and installations, or for the dissemination of radio and television programmes or water supply systems and water supply pipes, are punishable by imprisonment from one to 10 years. If destruction, degradation or non-use is committed by arson, explosion or by any other such means and if public danger results, the punishment is imprisonment from 3 to 15 years. The provisions referred to in paragraph 2, 3 and 4 apply even if the property belongs to the perpetrator. If the property is private property, unless it is entirely or in part of the state, the criminal action for the act provided in par. 1 is set in motion at the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. " 95. Article 218 (1) shall read as follows: " If the facts provided in art. 217 have had particularly serious consequences, the punishment is imprisonment from 10 to 20 years and the prohibition of some rights, and if they had as a result a disaster, the punishment is life imprisonment or imprisonment from 15 to 25 years and the prohibition of some rights. " 96. Article 219 shall read as follows: " Destruction at fault + Article 219-Destruction, degradation or non-use, at fault, of a good, even if it belongs to the perpetrator, if the act is committed by arson, explosion or by any other such means and if result in public danger, are punishable by imprisonment from one month to 2 years or with a fine. With the same punishment, the destruction or culpable degradation of an oil or gas pipeline, a high voltage cable, telecommunications equipment and installations or for the broadcasting of radio and television programs is sanctioned. or the water supply systems and the water supply pipes, if it had as a result the non-use of them. The destruction, degradation or non-use, at fault, of a good, even if it belongs to the perpetrator, if it had particularly serious consequences, are punishable by imprisonment from one to 6 years, and if it had as Following a disaster, the sentence is imprisonment from 3 to 12 years. When the disaster or the particularly serious consequences occurred as a result of leaving the post or committing any other act by the management staff of a public transport or by the personnel directly providing security. Such transport, the sentence is imprisonment from 5 to 15 years. " 97. Article 220 shall read as follows: " Possession disorder + Article 220-Occupation, in whole or in part, without right, of a building in the possession of another, is punishable by imprisonment from one month to 2 years or with a fine. If the act provided in par. 1 is committed by violence or threat or by the abolition or displacement of the signs of boundary, of a building in the possession of another, the punishment is imprisonment from 6 months to 5 years. If the act provided in par. 2 is committed by two or more people together, the punishment is imprisonment from one to 7 years. If the property is in the possession of a private person, unless it is entirely or in part of the state, the criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. " 98. Article 221 shall read as follows: " Concealment + Article 221-Receiving, acquiring or transforming a good or facilitating its valorization, knowing that the good comes from the commission of a deed provided by the criminal law, if by this it was pursued obtaining, for itself or for another, to a material use, shall be punished with imprisonment from 3 months to 7 years, without the sanction imposed to be able to exceed the punishment provided by law for the crime from which the good concealed comes. The concealment committed by the husband or a close relative shall not be punished. " 99. Article 222 shall read as follows: "" Sanctioning the attempt + Article 222-Attempted offences provided for in art. 208-212 208-212, 215, 215 ^ 1, 217 and 218 shall be punished. " 100. Title IV, called 'Crimes against the obstesc property', of the Special Part, comprising Articles 223-235, is hereby repealed. 101. After Article 236, the following Article 236 ^ 1 is inserted: " Defamation of the country or nation + Article 236 ^ 1-Public events committed with the intention to defame the country or the Romanian nation shall be punished with imprisonment from 6 months to 3 years. " 102. Article 238 will read as follows: " Offence to authority + Article 238-Reaching the honour or the threat committed in public, against one of the persons referred to in art. 160, in connection with its activity and likely to affect the authority, shall be punishable by imprisonment from 6 months to 5 years. Hitting or any other acts of violence, as well as bodily injury, committed against one of the persons and under the conditions shown in par. 1, are punishable by imprisonment from 3 to 10 years, and if serious bodily injury occurred, the punishment is imprisonment from 5 to 15 years and the prohibition of some rights. " 103. Article 239 will read as follows: " Ultrajul + Article 239-Insulta, slander or threat committed directly or by means of direct communication against a public official who performs a function involving the exercise of the State authority, in the performance of the function or for facts fulfilled in the performance of their duties, shall be punishable by imprisonment from 3 months to 4 years. Hitting or any acts of violence, as well as bodily injury committed against the person provided in par. 1, in the exercise of the function or for acts fulfilled in the performance of the function, shall be punished with imprisonment from 6 months to 7 years, and if serious bodily injury occurred, the sentence is imprisonment from 3 to 12 years. If the facts provided for in the preceding paragraphs are committed against a magistrate, policeman or gendarme or other military, the special maximum of the sentence shall be increased by 3 years. " 104. After Article 239, the article 239 ^ 1 is inserted, which will read as follows: " Special cases of punishment + Article 239 ^ 1-In the case of crimes provided in art. 180-182, 189 and 193 committed against the husband, children or parents of the persons referred to in art. 238 238 or in art. 239 239 para. 3, for the purpose of intimidation or revenge for acts or acts carried out in the performance of their duties, the maximum of the sentence shall be increased by one third. " 105. Article 242 will read as follows: " Absconding or destruction of documents + Article 242-Support or destruction of a file, register, document or any other inscription that is in keeping or in possession of an organ or state institution or another unit of those to which art. 145 is punishable by imprisonment from 3 months to 5 years. The culpable destruction of any of the documents provided in the previous paragraph, which presents an artistic, scientific, historical, archival value or other such value, is punishable by imprisonment from 3 months to 2 years or with a fine. If the facts provided in par. 1 1 and 2 are committed by a public official in the performance of their duties, the maximum penalties provided for in these paragraphs shall be increased by one year. The attempt of the crime provided in 1 is punishable. " 106. Title VI of the Special Part will have the following name: "Offences affecting activities of public interest or other activities covered by law." 107. Article 246 will read as follows: " Abuse in service against the interests of persons + Article 246-The fact of the civil servant, who, in the exercise of his duties, with science, does not perform an act or defective it and thereby causes an injury to the legal interests of a person shall be punished with imprisonment from 6 months to 3 years. " 108. Article 247 will read as follows: " Abuse in service by restricting some rights + Article 247-Ingradirea, by a public official, of the use or exercise of the rights of any citizen, or the creation for it of situations of inferiority on the basis of nationality, race, sex or religion, is punishable by imprisonment from 6 months to 5 years. " 109. Article 248 will read as follows: " Abuse in service against public interests + Article 248-Fact of the civil servant, who, in the exercise of his duties, with science, does not perform an act or performs it defective and thereby causes a significant disturbance to the smooth gait of an organ or a state institutions or another unit of those to which art. 145 or a damage to its heritage is punishable by imprisonment from 6 months to 5 years. " 110. After Article 248, the article 248 ^ 1 is inserted, which will read as follows: " Abuse in service in qualified form + Article 248 ^ 1-If the facts provided for in art. 246, 247 and 248 had particularly serious consequences, they are punishable by imprisonment from 5 to 15 years and the prohibition of some rights. " 111. Article 249 will read as follows: " Negligence in service + Article 249-Discharge, by a public official, of a duty of service, by failing to fulfil it or by performing it defective, if a disturbance was caused to the good gait of an organ or an institution state or another unit of those to which art refers. 145 or a damage to its heritage or an injury the importance of a person's legal interests, is punishable by imprisonment from one month to 2 years or a fine. The act provided in par. 1, if it had particularly serious consequences, it is punishable by imprisonment from 2 to 10 years. " 112. Article 250 will read as follows: " Abusive behavior + Article 250 The use of offensive expressions towards a person, by a public official in the exercise of his duties, is punishable by imprisonment from 3 months to 3 years or with a fine. Hitting or other acts of violence committed under the conditions of par. 1 are punishable by imprisonment from 6 months to 5 years. " 113. In Article 254, paragraphs 1 and 2 shall read as follows: " The act of the official who, directly or indirectly, claims or receives money or other benefits that are not due to him or accepts the promise of such benefits or does not reject it, in order to fulfill, not to fulfill or to delay the performance of an act regarding his duties or in order to do an act contrary to these duties, shall be punishable by imprisonment from 3 to 12 years and the prohibition of some rights. The act provided in par. 1, if it was committed by an official with control powers, it is punishable by imprisonment from 3 to 15 years and the prohibition of some rights. " 114. Article 256 (1) will read as follows: "Receipt by an official, directly or indirectly, of money or other benefits, after fulfilling an act by virtue of his office and to which he was obliged under it, shall be punished with imprisonment from 6 months to 5 years." 115. Article 257 (1) shall read as follows: " The receipt or claim of money or other benefits or acceptance of promises, of gifts, directly or indirectly, for itself or for another, committed by a person who has influence or leaves to be believed to have influence over an official in order to make it or not to do an act that falls within its duties, it is punishable by imprisonment from 2 to 10 years. " 116. Article 258 will read as follows: "" Acts committed by other officials + Article 258-Provisions 246-250 regarding civil servants shall apply to other officials, in this case the maximum of the sentence being reduced by one third. " 117. After Article 261, the article 261 ^ 1 is inserted, which will read as follows: " Preventing participation in the process + Article 261 ^ 1-Preventing participation in a criminal, civil, disciplinary or any other cause, a witness, expert, interpreter or defender, committed by violence, threat or by any other means of coercion directed against to either the husband or a close relative, is punishable by imprisonment from 6 months to 7 years. The attempt is punishable. " 118. Article 262 (1) will read as follows: " The failure to immediately denounce the commission of any of the crimes provided for in art. 174, 175, 176, 211, 212, 215 ^ 1, 217 para. 2-4 2-4, art. 218 218 para. 1 1 and art. 276 276 para. 3 is punishable by imprisonment from 3 months to 3 years. " 119. Article 263 will read as follows: "" The omission of judicial bodies + Article 263-Fact of the public official who, taking cognizance of the commission of a crime in connection with the service in which he performs his duties, omits the immediate referral of the prosecutor or the prosecution body, according to Criminal procedure law, is punishable by imprisonment from 3 months to 5 years. If the act is committed by a public official with powers of management or control, the sentence is imprisonment from 6 months to 7 years. " 120. Article 264 will read as follows: " Favoring the offender + Article 264-Aid given to an offender without a settlement established before or during the commission of the offence, to make it difficult or to frustrate the prosecution, judgment or execution of the sentence or to ensure the offender of his or her benefit the product of the crime, is punishable by imprisonment from 3 months to 7 years. The punishment imposed on the favorator cannot be greater than the punishment provided by the law for the author. The favoring committed by the spouse or a close relative shall not be punished. " 121. Article 267 will read as follows: " Submission to ill-treatment + Article 267-Submission to ill-treatment of a person in detention, possession or execution of a safety or educational measure is punishable by imprisonment from one to 5 years. " 122. Article 267 ^ 1 (3) will read as follows: "The torture that resulted in the death of the victim is punishable by life imprisonment or imprisonment from 15 to 25 years." 123. Article 269 (2) will read as follows: "If the act is committed by use of violence, weapons or other instruments or by two or more persons together, the sentence is imprisonment from 2 to 8 years." 124. Article 271 (1) shall read as follows: "Resisting the execution of a judicial decision, through threat to the enforcement body, is punishable by imprisonment from 6 months to 3 years, and if the act was committed by acts of violence, the punishment is from one to 7 years." 125. Article 271 (3) will read as follows: " If the act provided in par. 2 is committed by threat, the punishment is imprisonment from 6 months to 3 years, and if the act was committed by acts of violence, the punishment is imprisonment from one to 5 years. " 126. In Article 279, after paragraph 3, a new paragraph is inserted which shall read as follows: "The attempt is punishable." 127. After Article 279 the article 279 ^ 1 is inserted, which will read as follows: " Non-compliance with the nuclear materials or other radioactive materials + Article 279 ^ 1-Receiving, possession, use, disposal, modification, disposal, dispersal, exposure, transport or diversion of nuclear materials or other radioactive materials, and any other operations concerning their movement, Without right, they are punishable by imprisonment from 3 to 10 years and the prohibition of some rights. If the facts provided in par. 1 produced public danger, had any of the consequences shown in art. 181 or 182 times have caused a material damage, the punishment is imprisonment from 4 to 12 years and the prohibition of some rights. The evading or destruction of nuclear materials or other radioactive materials is punishable by imprisonment from 5 to 15 years and the prohibition of some rights. If the facts provided in par. 3 produced public danger or had any of the consequences shown in art. 181 or 182, the sentence is imprisonment from 5 to 20 years and prohibition of some rights. If the facts referred to in paragraph 1 and 3 have had particularly serious consequences, the punishment is imprisonment from 10 to 20 years and the prohibition of some rights, and if the death of one or more people occurred, the punishment is life imprisonment or imprisonment from 15 to 25 years. years and prohibition of some rights. The threat, addressed to a state, to an international organization or to a natural or legal person, to the use of nuclear materials or other radioactive materials, in order to cause bodily injury or the death of persons or damage materials, is punishable by imprisonment from 3 to 12 years. If the act provided in par. 6 is subject to the performance or non-performance of an act or when by threat, in any form, it is claimed to be given or to surrender nuclear materials or other radioactive matter, the sentence is imprisonment from 5 to 15 years and prohibition some rights. The attempt is punishable. " 128. Article 280 will read as follows: " Failure to comply with explosive materials + Article 280-Production, experimentation, processing, possession, transport or use of explosive materials or any other operations concerning these subjects without right shall be punishable by imprisonment from 3 to 10 years and the prohibition of certain rights. The evading of explosive materials is punishable by imprisonment from 5 to 15 years and the prohibition of some rights. When the facts provided in par. 1 and 2 concern a quantity of more than 1 kg of trotil equivalent or when the amount of explosive is accompanied by initiation materials, the sentence is imprisonment from 5 to 20 years and the prohibition of some rights. The facts provided in par. 1 and 2, if they produced public danger or had any of the consequences shown in art. 181 or 182, are punishable by imprisonment from 5 to 20 years and the prohibition of some rights. With the same punishment is sanctioned the act provided in par. 1, if it caused material damage. If the facts provided for in the preceding paragraphs have had particularly serious consequences, the sentence is imprisonment from 10 to 20 years and the prohibition of some rights, and if the death of one or more persons occurred, the punishment is detention for life or imprisonment from 15 to 25 years and prohibition of some rights. The threat, addressed to a state, to an international organization or to a natural or legal person, with the use of explosive materials in order to cause bodily injury or the death of persons or material damage is punishable by imprisonment from 3 to 12 years old. Act of threat with the use of explosive materials, committed under the conditions shown in art. 279 ^ 1 para. 7 7, shall be sanctioned with the punishment provided for in that paragraph. The attempt is punishable. " 129. Article 282 (1) shall read as follows: " Counterfeiting of metal currency, paper currency, public credit securities, cheques, securities of any kind for making payments, issued by the banking institution or other competent credit institutions, or the falsification of any other securities or Similar values, it is punishable by imprisonment from 3 to 12 years and the prohibition of some rights. " 130. Article 288 (2) will read as follows: "The fake provided in the previous paragraph, enjoyed by an official in the performance of his duties, shall be punished with imprisonment from 6 months to 5 years." 131. Article 289 (1) shall read as follows: " The falsification of an official document on the occasion of its preparation, by an official in the exercise of his duties, by attesting to facts or circumstances improper to the truth or by omission with the science to insert some data or circumstances, shall be punishable by imprisonment from 6 months to 5 years. " 132. Article 292 will read as follows: " False statements + Article 292-Unsuitable declaration of truth, made to an organ or state institution or to another unit of those to which art. 145, in order to produce a legal consequence, for itself or for another, when, according to the law or circumstances, the statement made serves to produce that consequence, is punishable by imprisonment from 3 months to 2 years or with fine. " 133. Article 293 (1) shall read as follows: " The presentation under a false identity or the assignment of such identity to another person, in order to induce or maintain in error an organ or a state institution or another unit among those to which art. 145, in order to produce a legal consequence, for itself or for another, it is punishable by imprisonment from 3 months to 3 years. " 134. Article 296 (1) shall read as follows: "Cheating by using an inexact measuring instrument or by fraudulent use of an exact measuring instrument is punishable by imprisonment from 3 months to 5 years." 135. Article 297 (1) shall read as follows: "The falsification or substitution of goods or any other products, as well as the exposure to sale or sale of such goods, knowing that they are falsified or substituted, shall be punishable by imprisonment from 6 months to 5 years." 136. Article 298 (1) will read as follows: "Disclosure of some data or information that is not intended for advertising, by the one who knows them due to their duties, if the act is likely to cause damage, is punishable by imprisonment from 2 to 7 years." 137. Article 300 will read as follows: " Putting counterfeit products into circulation + Article 300-The putting into circulation of products made as a result of counterfeiting or use without right of the object of an invention shall be punishable by imprisonment from 3 months to 3 years. " 138. Article 302 ^ 1 will read as follows: " The misappropriation of funds + Article 302 ^ 1-Changing the destination of funds or material resources, without complying with the legal provisions, if the act caused a disturbance of economic and financial activity or caused damage to an organ or state institution or another unit of those to which art. 145, is punishable by imprisonment from 6 months to 5 years. If the act provided in par. 1 had particularly serious consequences, the punishment is imprisonment from 5 to 15 years and the prohibition of some rights. " 139. Article 306 will read as follows: "" The treatments applied to the minor + Article 306-Putting in serious distress, by measures or treatments of any kind, the physical, intellectual or moral development of the minor, by the parents or by any person to whom the minor has been entrusted for growth and education, shall be punishable by imprisonment from 2 to 12 years. " 140. Article 307 (1) shall read as follows: "The detention by a parent of his minor child, without the consent of the other parent or of the person to whom the minor was entrusted according to the law, shall be punished with imprisonment from one month to 3 months or with a fine." 141. Article 309 will read as follows: " Venereal contamination and transmission of acquired immunodeficiency syndrome + Article 309-Transmission of a venereal disease by sexual intercourse, by sexual intercourse between persons of the same sex or by acts of sexual perversion, by a person who knows that he suffers from such a disease, is punishable by imprisonment from One to five. The transmission of acquired immunodeficiency syndrome-AIDS-by a person who knows that they suffer from this disease is punishable by imprisonment from 5 to 15 years. The court will order the safety measure of the obligation to medical treatment. " 142. After Article 309, the article 309 ^ 1 is inserted, which will read as follows: " Absconding from medical treatment + Article 309 ^ 1-The support from the execution of the safety measure of the obligation to medical treatment, in the case of the crime of venereal contamination, is punishable by imprisonment from 3 months to 1 year or with a fine. " 143. Article 312 will read as follows: "" Traffic of narcotics + Article 312-Production, possession or operation of the movement of products or narcotic or toxic substances, cultivation for the processing of plants containing such substances or the experimentation of products or substances toxic, all without right, are punishable by imprisonment from 3 to 15 years and the prohibition of some rights. If the act provided in par. 1 was committed, the punishment is the detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. The prescribing by the doctor, without the need, of drugs or narcotic substances, is punishable by imprisonment from one to 5 years, and the organization or forbearance of consumption of such products or substances in places certain is punishable by imprisonment from 3 to 15 years and prohibition of some rights. The attempt is punishable. " 144. Article 313 (1) shall read as follows: " Food preparation or falsified beverages, altered or prohibited for consumption, harmful to health, exposure to sale or sale of such food or beverages, knowing that they are falsified or altered or prohibited for consumption, shall be punishable by imprisonment from one to eight years. " 145. Article 313 (3) will read as follows: " Putting into public consumption of meat or meat products, from animal cuts had stolen veterinary control, if it had as a result the illness of a person, is punishable by imprisonment from 2 to 8 years, and if it had as a result death, the sentence is imprisonment from 5 to 15 years. " 146. Article 322 (3) will read as follows: " In the case provided in par. 2, if it is not known which of the participants enjoyed the facts shown in that paragraph, it applies to all imprisonment from 6 months to 5 years, when damage to bodily integrity or health was caused. If death was caused, the sentence is imprisonment from 3 to 15 years. " 147. Article 323 (1) shall read as follows: " The act of associating or initiating the constitution of an association for the purpose of committing one or more crimes, other than those shown in art. 167, or the accession or support in any form of such association, shall be punishable by imprisonment from 3 to 15 years, without being able to exceed the punishment provided by law for the crime that enters for the purpose of association. " 148. In Article 324, after paragraph 1, a new paragraph is inserted which shall read as follows: " If the act provided in par. 1 is committed by a public official who performs a function involving the exercise of the state authority or by a person from those provided for in art. 160, the sentence is imprisonment from one to 5 years, without being able to exceed the punishment provided by law for the crime to which it was instigated. " 149. Article 325 will read as follows: "" The spread of obscene material + Article 325-The right to sell or spread, as well as to make or hold, in order to spread, objects, drawings, writings or other materials of an obscene character, is punishable by imprisonment from 6 months to 4 years or with a fine. " 150. Article 329 (1) shall read as follows: " The urge or coercion of prostitution or the facilitation of prostitution or the drawing of benefits from the practice of prostitution by a person, as well as the recruitment of a person for prostitution or the trafficking of persons in this purpose, shall be punished with imprisonment from 2 to 7 years and prohibition of some rights. " 151. In Article 329, after paragraph 2, the following paragraph 3 is inserted: " The money, values or any other goods that served or were intended to serve, directly or indirectly, the commission of the crime provided in par. 1 and 2 and those that have been acquired by its commission shall be confiscated, and if they are not found, the convict shall be obliged to pay their equivalent in money. " 152. Article 334 (2) will read as follows: "If the act is committed by an officer, a military or petty officer, a military employee, two or more soldiers together or in front of the band gathered or if the act has serious consequences, the punishment is imprisonment from one to 5 years." 153. La Title I "Infractions against the safety of the state" of the Special Part-art 156 156 para. 1 1, art. 157 157 para. 1 1, art. 158, 159, 161, 162 para. 1 1, art. 163, 165 para. 2-Title VI Chapter III "Offences against the safety of traffic on the railways" of the Special Part-art. 276 276 para. 3 sentence II-, to Title X "Crimes against the defense capacity of Romania" from the Special Part-art. 338 338 para. 1 1, art. 339 339 para. 1 1, art. 341 341 para. 2 2, art. 342 342 para. 2 2, art. 343, 344, 345 para. 3-and to Title XI "Crimes against peace and mankind" in the Special Part-art. 357 357 para. 1 1 and art. 358 358 para. 3-the words "life imprisonment and total confiscation of wealth or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth," or, as the case may be, the words " life imprisonment and total seizure of wealth or with imprisonment from 15 to 20 years, the prohibition of some rights and the total confiscation of wealth "are replaced by the words" detention for life or imprisonment from 15 to 25 years and the prohibition of some rights. " 154. La Title I "Infractions against the safety of the state" of the Special Part-art 157 157 para. 2 2, art. 162 162 para. 2 2 and art. 165 165 para. 1-and to Title XI "Crimes against peace and mankind" in the Special Part-art. 357 357 para. 3 3, art. 358 358 para. 1 1, art. 359 359 para. 1 1 and art. 360 360 para. 1-, the words "imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth" are replaced by the words "imprisonment from 5 to 20 years and prohibition of some rights." 155. The provisions of the Criminal Code and special laws relating to the punishment of confiscation of wealth, partial or total, are repealed. 156. The words " the organizations referred to in 145 145 "shall be replaced by the words" the establishments to which art refers. 145 145. " 157. The words "public interest" are replaced by the words "public interest", except art. 44 44 and 45. + Article II The provisions of this law regarding conditional release do not apply to those definitively convicted before the entry into force of the law, except those who have absconded from execution. Art. 39 39 para. 6 are also applicable if the death penalty conviction has been commuted or replaced with the sentence of life or prison detention. + Article III The criminal code, as amended, including those brought by this law, will be republished in the Official Gazette of Romania. The Ministry of Justice is the only authorized to edit and publish, in volume, the official edition of the Criminal Code. This law was adopted by the Senate at the meeting of September 25, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof.univ.dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of September 30, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE ---------------------