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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LAW No. 140 of 5 November 1996 for the modification and completion of the criminal code PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 289 of 14 November 1996, the Parliament of Romania adopts this law.


Article I of the penal code changes and completed as follows: 1. Article 1 shall read as follows: "the purpose of the criminal law Criminal Law Article 1-defend against crime, Romania, sovereignty, independence, unity and indivisibility of the State, person, its rights and freedoms, property, and the entire order of law."

2. Article 21, paragraph 2 shall read as follows: "the attempt shall be imposed with a punishment of between half and half of the minimum to the maximum provided by law for the offence without the minimum consumption, to be lower than the general minimum penalty. In the case where the penalty prescribed by law is life imprisonment, the penalty applies to prison for 10 to 25 years. "

3. Article 34 shall read as follows: "the main Punishment in cases of offences against Article contest 34-in case of contest of offences, the penalty shall be determined in respect of each offence and punishment of these applies, as follows: a) when it has been established a life imprisonment sentence on and one or more punishment by imprisonment or fine the imprisonment penalty shall apply on life;
  

b) when settled only by imprisonment punishment, apply the heaviest punishment, which may be increased up to the maximum of her special, and when this is not filling, you can add a raise up to 5 years;
  

c) when settled only fines, apply the greatest punishment that can be increased up to the maximum of her special, and if this is not filling, you can add a raise up to half of the maximum;
  

d) when it is established that a punishment by imprisonment and a fine, the penalty applies to the prison, which can add a fine, in all or in part;
  

e) when they settled more punishment by imprisonment and more punishments with fines, jail is applied according to the disposition; (b)), to which you can add a fine, according to the disposition; c) the provisions of the preceding paragraph shall not exceed the total of the penalties laid down by the Court for crimes. "

4. Article 35 (4) is repealed.
5. In article 37, paragraph 1 shall be inserted after a new paragraph which shall become paragraph 2, with the following content: "there's recidivism and where one of the penalties provided for in paragraph 1. 1. life imprisonment is "

6. In article 37, paragraph 2 becomes paragraph 3 and shall read as follows: "For the purpose of determining the State of recidivism in cases referred to in paragraph 1. and (b). the a and b)) and paragraph 3. 2, can you realising and sentencing judgement rendered abroad, for a prescribed offence and Romanian law, if the judgment of conviction has been determined according to the provisions of the law. "

7. Article 39 paragraph 1 shall read as follows: "In case of recidivism. 37 para. and (b). the penalty established for) the offence committed and the punishment imposed for the offence the previous merge according to the provisions of article 3. 34 and 35. The increase provided for in art. 34 para. and (b). b large) can be up to seven years. "

8. Article 39 paragraph 4 shall read as follows: "In case of recidivism. 37 para. and (b). (b)) may be applied a penalty up to the maximum. If the maximum is scant, in particular if the prison can add a spore of up to 10 years and a fine may be applied to raise no more than two-thirds of the countryside. "

9. Article 39 shall be repealed paragraph last.
10. Article 53 paragraph 1 shall read as follows: "1. The penalties are: a life imprisonment);
  

b) 15 days prison sentence to 30 years;
  

c) fine from 100,000 lei at 50,000,000 lei. "
  

11. Article 53 paragraph 2 c) are repealed.
12. In chapter III of title III of the general part shall be inserted a new section, section I, under the name "life imprisonment", which shall read as follows: "section I imprisonment prison's Regime lives the life imprisonment Article 54-run life in prisons specifically intended for this purpose or in special wards of penitentiaries.

The regime's prison sentence life is regulated in the law on execution of punishments.
Non-application of the death penalty prison life prison Punishment 55-Article on his life does not apply to one who, at the date of the judgment of conviction, has reached the age of 60 years. In this case, instead of the death penalty applies to life imprisonment on the prison's punishment for 25 years and punishment prohibition of certain rights during them.

Where condemned to life imprisonment on punishment has reached the age of 60 during the execution of the death penalty, life imprisonment is replaced by imprisonment for 25 years.
Conditional liberation Article 55 ^ 1-sentenced to life prison punishment on convicted can be conditioned after the effective realisation of 20 years imprisonment if he is persistent in work, disciplined and give good evidence of straightening, due account and its criminal history.

The convict past the age of 60 for men and 55 years for convicted women may be conditioned after the effective realisation of 15 years imprisonment, if they are satisfied and the other conditions laid down in paragraph 1. 1. The penalty is considered executed, if within a period of 10 years after the release of the illustrious not condemned again an offence. If within that time frame at once again convicted of having committed an offence, shall apply, as appropriate, to the provisions of art. 61. The calculation of the penalty in the event of a switch or replacement Article 55 ^ 2-if switching or replacement with life imprisonment sentence on jail, the period of imprisonment shall be deemed executed hand carried out from jail. "

13. Section I, "Prison" of chapter III of title III of the General becomes section II.
14. In article 59, paragraphs 1 and 2 shall read as follows: "after having executed at least two-thirds of the length of the prison sentence in the case of not exceeding 10 years or at least three-quarters if the prison more than 10 years, the convict who is persistent in work, disciplined and give strong evidence of straightening, due account and its criminal history fetters, may be conditioned before the execution of the death penalty.
In the calculation of the penalty provided for in the factions para. 1 the portion of the consideration for the duration of the punishment which may be considered under the law as enforced on the basis of work performed. In this case however, the conditional release may be granted prior to the effective realisation of at least half the length of the sentence when it does not exceed 10 years and at least two thirds when the penalty is greater than 10 years. "

15. After article 59 article 59 is inserted: ^ 1, which shall read as follows: "Conditional Release if crimes committed due to article 59 ^ 1-condemned for committing one or more offences convicted due can be conditioned before the execution of the death penalty, having executed at least half the length of the prison sentence in the case of not exceeding 10 years or at least two-thirds in the case of the prison more than 10 years If it meets the other conditions laid down in article 23. 59 paragraph 1. 1. the provisions of article 4. 59 paragraph 1. 2 shall apply correspondingly, neputind be granted conditional release before actual execution of at least one third of the length of the sentence when it does not exceed 10 years and at least half when punishment is more than 10 years.
If the penalty is executed is resulting from competition between crimes committed due and deliberate offences, the provisions of art. 59. the provisions of article 4. 59 paragraph 1. 3 and 4 shall apply accordingly. "

16. Article 60 shall read as follows: "Conditional Release in specific cases Article 60-Convict who, because of health or other reasons, it has never been used at times work is no longer used, may be convicted after conditioning punishment factions as indicated in art. 59 or, where appropriate, in article 19. 59 ^ 1, if so good evidence of discipline and straightening.

Those convicted during minority, when they reach the age of 18, and who were discharged from the age of 60 for men and 55 years for women, can be liberaţi conditioning, after a third of the length of the prison sentence in the case of not exceeding 10 years or in the case of half the prison more than 10 years If they meet the other conditions laid down in article 23. 59 paragraph 1. 1. The persons referred to in paragraph 1. 2, convicted of committing a crime may be due freedom to perform conditioning after quarters of the length of the prison sentence in the case of not exceeding 10 years or of a third in the case of the prison more than 10 years, if they fulfil the other conditions laid down in article 23. 59 paragraph 1. 1. If the penalty is executed is resulting from competition between crimes committed due and deliberate offences, applies the provisions on conditional release in the case of intentional crimes.
When several convict executed punishment with imprisonment which does not amalgamate the penalty count fractions in relation to the total number of sentences.
In all cases, the calculation of the penalty is faction consideration part of the duration of the punishment the law regarded as executed on the basis of work performed.
The provisions of article 59 paragraph 1. 4 shall apply accordingly. "


17. Article 61 paragraph 2 shall read as follows: "the revocation is mandatory in the case when the Act is committed is a crime against the safety of the State, a crime against peace and humanity, a crime of manslaughter, a crime committed intentionally that resulted in the death of a person or an offence which occurred very serious consequences."

18. Section II "Fine" of chapter III of title III of Part III Section becomes general.
19. In article 63, paragraphs 2, 3 and 4 shall read as follows: "whenever the law provides that an offence is punishable only by a fine, without limits, minimum shows particular thereof is 150,000 lei, while maximum 10,000,000 lei.
When sentencing fine without limits, alternating with show jail not exceeding one year, the minimum fine is 250,000 lei and maximum special 15,000,000 lei, and when the fine punishment stipulates jail more than a year, the minimum special is 350,000 special tabulations and 30,000,000 lei.
In case of application of mitigation or aggravation of punishment, the fine shall not exceed the limits referred to in article 24(2). General 53 section 1 rosé wines. c). "

20. Article 64 paragraph 1 letter a) shall read as follows: ' a) the right to elect and to be elected in public authorities or in elective public positions; "

21. in paragraph 2 of article 67 shall read as follows: "military Degradation necessarily apply to convicts and soldiers, reservists if punishment is prison main established more than 10 years or life imprisonment."

22. Articles 68, 69 and 70 shall be repealed.
23. Article 71, paragraph 2 shall read as follows: "the sentencing to life imprisonment of punishment or prison draws as the prohibition of rights referred to in the preceding paragraph from the time of the judgment of conviction has remained the definitive completion of the sentence, up to the remaining total pardon or the penalty times until the expiry of the limitation period of the sentence."

24. In article 76, paragraph 1, points e and f)) will read as follows: "(e)) where a special minimum prison sentence of 3 months or more, the lower the punishment under that minimum, up to the minimum of the general, or apply a fine which shall not be less than 300,000 lei, and when special minimum is less than 3 months, apply a fine which shall not be less than 200,000 lei;

f) when the punishment provided by law is fine, it descends below the minimum they can be special, reduced to 150,000 lei in special cases where the minimum is higher 350,000 lei or fold up the special minimum subsistence level is when general under 350,000 lei. "
  

25. In article 76, paragraphs 2 and 3 shall read as follows: "in the case of offences against the safety of the State, offences against peace and humanity, of the offence of murder, of the offence committed with intent as a result of a person's death, or of offences which occurred very serious consequences, if it is found that there are extenuating circumstances, the jail can be reduced up to a maximum of one third of the minimum.
When there are extenuating circumstances, the penalty of deprivation of rights, best; prescribed by law for the offence committed, can be ruled out. "

26. Article 77 shall read as follows: "extenuating circumstances in the case of life imprisonment sentence on Article 77-When crime committed for sentencing on prison life, if there are extenuating circumstances, apply to jail for 10 to 25 years."

27. Article 78 paragraph 1 shall read as follows: "where there are aggravating circumstances, the penalty may be applied up to the maximum. If the maximum is scant, in particular if the prison can add an increase up to 5 years, which may not exceed one third of the maximum, and in this case the fine may apply a raise no more than half the maximum. "
28. In article 78, paragraph 2 shall be repealed.
29. Article 80 paragraph 3 shall read as follows: "in case of application of the provisions relating to aggravating circumstances, recidivism and crime contest, the jail may not exceed 25 years, if the maximum for each particular offence is 10 years old or younger, and 30 years if special tabulations for at least one of the crimes is more than 10 years."
30. In article 81, paragraph 2, after you insert a new paragraph which shall read as follows: "conditional suspension of sentence can not be ordered in the case of intentional offences for which the law provides for punishment by imprisonment of more than 12 years, and in the case of offences of serious bodily harm, rape and torture."
31. In article 81, paragraph 3 renumbered 4, shall read as follows: "In case of a conviction for an offense that produced a damage, the Court may order conditional suspension of sentence only if the judgment damage was repaired in full or payment of compensation is guaranteed by an insurance company."
32. In article 86 paragraph 1 ^ 2, after you insert a new paragraph which shall read as follows: "the suspension of the sentence under supervision may be ordered in the case of intentional offences for which the law provides for punishment by imprisonment of more than 12 years, and in the case of offences of serious bodily harm, rape and torture."
33. In article 86, paragraph 3 ^ 1, which becomes paragraph 4 shall read as follows: "the provisions of art. 81 paragraphs 1 and 2. 4 and 5 shall also apply in the case of suspension of sentence under supervision. "
34. Article 86 paragraph 3 ^ 7 shall read as follows: "the execution of the punishment in the workplace may not be ordered in the case of intentional offences for which the law provides for punishment by imprisonment of more than 12 years, and in the case of offences of serious bodily harm, rape and torture."
35. Article 87 paragraph 4 shall read as follows: "The duration of the execution of prison sentence at work don't get the time during which the sentenced person is absent from the workplace."
36. Article 1, paragraph a) shall read as follows: "the punishment prescribed by law) for the crime committed is imprisonment not exceeding one year or to a fine or have illustrious offences listed in article 1. 208, 213, 215 para. 1, art. 215 ^. 1, art. 217 paragraph 1. 1, art. 219 paragraph 2. 1, if the value of the damage does not exceed 100,000 lei or crime. 249, where the amount of the damage does not exceed 500,000 lei;
37. Article 91 c) shall read as follows: "(c)) fine from 1,000,000 to 100,000 lei lei."
38. Article 103 paragraph 2 shall read as follows: "the Court put in mind of the person to whom it was entrusted the duty of supervision, to watch closely over the minor, for the purpose of providing incentives to him. Also, i put in that is required to notify the Court immediately if the minor balk at what supervision is exercised over it or wearing it has bad times again an illustrious deed provided by the criminal law. "
39. In article 103, paragraph 2 shall be inserted after the two new paragraphs, which shall become paragraphs 3 and 4, with the following content: "the Court may impose the minor compliance with one or more of the following obligations: a) not attend certain places;
  

b) not between certain persons;
  

c) to provide an unpaid activity in an institution of public interest fixed by the Court, of between 50 and 200 hours, a maximum of 3 hours a day after school, on holidays and in the holidays.
  

The court draws attention to the minor consequences of its behaviour. "
40. In article 103, paragraph 3, which shall become paragraph 5 shall read as follows: "by taking the measure of supervised liberty, încunoştinţează Court school where he teaches or unit where the minor is employed and, where applicable, the institution providing the activity established by the Court."
41. In article 110, paragraphs 2 and 3 shall be repealed.
42. is inserted after article 110 article 111 ^ 1, which shall read as follows: "the suspension of the sentence under supervision or under Article 110 ^ 1-once the conditional suspension of the execution of prison sentence applied to the minor, pursuant to article. 110, the Court may order, during the term, but until the age of 18 years of fulfillment, entrusting the supervision of the minor to a person or institution from those referred to in article 1. 103, may establish, in addition, for minor one or more of the obligations laid down in articles 81 and 82. 103 para. 3, and after 18 years of age, that it has supervisory measures or the obligations laid down in articles 81 and 82. 86 ^ 3.

The provisions of article 81 paragraphs 1 and 2. 3 and 4, art. 82 para. 3, art. 83, 84 and 86 shall apply accordingly.
Removing the juvenile from fulfilling the obligations laid down in articles 81 and 82. 103 para. 3 may result in revocation of conditional suspension. In the event of failure of the monitoring measures or the obligations laid down by the Court, under art. 86 ^ 3, properly apply the provisions of article 4. 86. ^ 2. the provisions of the preceding paragraphs shall apply accordingly in the event of minor parole. "
43. Article 113 paragraph 3 shall read as follows: "If the person ordered to treatment is stoned to death penalty or life imprisonment in jail, treatment shall be carried out and during the execution of the death penalty."
44. In article 119, paragraph 2 shall be repealed.
45. Article 126 (1) (a)) shall read as follows: ") 20 years, when the penalty to be enforced is life imprisonment or imprisonment of more than 15 years;"

46. In article 126, paragraphs 2 and 4 shall read as follows: "the Statute of limitations to administrative sanctions. 18 ^ 1 and in article 3. 91 is a year. "
"In the case of conditional revocation of suspension of execution of punishment, the suspension of the sentence under supervision or, where appropriate, the sentence in the workplace, time shall begin to run from the date when the decision revoking the remaining final."
47. After article 129 is reintroduced in article 130, which shall read as follows: "Prescription sentence which replaced the imprisonment penalty 130-Article on the life prison sentence Execution, when it replaced the imprisonment penalty, life may not be brought in 20 years. The limitation period shall run from the final judgment of the lag of the life imprisonment sentence. "

48. Article 133 paragraph 2 shall read as follows: "rehabilitation has no obligation as a result of reintegration in the function from which the offender was removed following conviction rendered frames in times of armed forces or military grade playing lost."

49. Article 134 (2) is repealed.
50. Article 135 paragraph 1 letter a) shall read as follows: ") if the jail conviction of more than one year up to five years after the passage of a 4-year term, plus half of the duration of the punishment handed down;"

51. Article 145 shall read as follows: "Public Article 145-the term" the public "shall mean all public authorities in regards to public institutions, institutions and other legal persons of public interest, the management, use or exploitation of public property goods, services of public interest, as well as goods of any kind which, according to the law, are in the public interest."

52. Article 146 shall read as follows: "very grave Consequences Article 146-" very grave consequences "means a material damage more than 50,000,000 lei or particularly severe disruption of activity caused by a public authority or any of the establishments referred to in article 1. 145 times other legal or natural persons. "

53. Article 147 shall read as follows: "public official and civil servant Article 147-" public official "means any person engaged in permanent or temporary, with any title, regardless of how it was invested, a task of every kind, whether or not paid, in the service of the unit referred to in article 1. 145. "clerk" means the person referred to in paragraph 1. 1, as well as any employee engaged in a task of the legal service to a person other than those referred to in that paragraph. '

54. Article 148 shall be repealed.
55. In article 150, paragraph 2 shall read as follows: "Entered" is any enrolled that emanate from a unit from amongst those referred to in article 1. 145 or belonging to such units. "

56. Title I of the special part is referred to "Offences against the safety of the State".
57. Article 155 shall read as follows: "the betrayal of Article 155-Deed of the Romanian citizen or person without citizenship, domiciliata territory, to enter in relation to a power or with a foreign organization or their agents, in order to suppress or ştirbi unity and indivisibility, sovereignty or independence of the State, through the actions of war challenge against the country or succour foreign military occupation or to undermine the State's economic or policy, enslaving over a foreign power, or of a funded foreign powers for conducting a vicious activities against the safety of the State, is punishable by life imprisonment or by imprisonment on 15 to 25 years and the prohibition of certain rights. "

58. In article 156 (1) (a)) and (d)) shall read as follows: ' a) teach territories, cities, Defense positions, times of installations the Romanian armed forces or serving defence; "
"d) passes Northeastern or perform other actions that are likely to promote the activity of the enemy or weaken the power struggle of the Romanian armed forces or allied armies, ' 59. Article 160 shall read as follows: "Bombing which endanger the security of the State in article 160-assassination attempt against illustrious life, bodily integrity and health of a person which times performs an activity the importance of State or other public activity the importance, in circumstances that make the Act to endanger the security of the State, is punishable by life imprisonment or by imprisonment on 15 to 25 years and the prohibition of certain rights."

60. Article 166 shall read as follows: "Propaganda in favour of totalitarian rule in article 166-Propaganda with a view to the establishment of a totalitarian State, committed by any means, shall be punished with imprisonment from 6 months to 5 years and the prohibition of certain rights.

Propaganda was spreading, consistently or in condoning of ideas, concepts or doctrines, with the intention of persuading and attracting new followers. "

61. According to article 166 shall be inserted in article 166 ^ 1, which shall read as follows: "actions against the constitutional order of article 166 ^ 1-Initiation, planning, perpetration or supporting actions that may endanger the constitutional order in any form, the national, sovereign, independent, unitary and indivisible State of the Romanian State is punishable by imprisonment from 5 to 15 years and the prohibition of certain rights.

The Act of committing the public urging of facts indicated in paragraph 1. 1 shall be punished with imprisonment from 2 to 7 years.
If the Act referred to in paragraph 1. 2 resulted in committing the offence to which it was invited, the penalty shall be that prescribed by law for that offence.
Undertaking any action to change the constitutional order by violence shall be punished with imprisonment from 10 to 20 years and the prohibition of certain rights. "

62. Article 167 paragraph 1 shall read as follows: "the initiation or the provision of associations or groups for the purpose of having committed any of the crimes set out in article 1. 155-163, 165 and 166 ^ 1 times joining or supporting any form of such associations or groups shall be punished with imprisonment with prison life or from 15 to 25 years of age and prohibition of certain rights. "

63. Article 167 (3) are repealed.
63 bis. In article 167, paragraph 4, renumbered 3, which shall read as follows: "If the acts referred to in paragraph 1. 1 were followed by committing a crime, the rules are applied from the crime. "

64. According to article 168 article 169 is inserted: ^ 1, which shall read as follows: "Communicating false information in article 168 ^ 1-Communication or spreading, by any means, of news, data, information or false or falsified documents, if the deed is likely to affect the safety of the State or the international relations of Romania, shall be punished with imprisonment from one to five years."

170. in article 65, paragraphs 1 and 2 shall read as follows: "the failure to denounce immediately committing any of the offences referred to in article 1. 155-163, 165, 166 and 167 ^ 1 is punishable with imprisonment from 2 to 7 years.
Failure to denounce, at the hands of a husband or a close relative, not punished. "

66. In article 173, paragraphs 2 and 5 shall read as follows: "considering the attempt and the production or acquisition of the means and instruments, such as the times taking action with a view to committing criminal offences listed in article 1. 156, 157, 159-163, 165, 166, 167 ^ 1 and art. 158 reported to the crime of treason by aiding the enemy. "
"Concealment and favouring perpetrated by the spouse or a close relative in the case of offences referred to in article 1. 155-163, 165, 166 and 167 ^ 1 is punishable. The limits of the punishment prescribed in paragraph 3. 3 shall be reduced by half, and in the case of other crimes, concealment and favouring shall not be punishable. "

67. Article 175 paragraph 1 shall read as follows: "Murder in any of the following illustrious circumstances: a) premeditated;
  

b) of interest;
  

c) a close relative or spouse;
  

d taking advantage of) helplessness of the victim to defend themselves;
  

What means e) endanger the life of several people;
  

f) in connection with the performance of their duties or the victim;
  

g) to evade or to evade another from arrest or prosecution, or the execution of punishment;
  

h) in order to facilitate or conceal committing another offence;
  

I) in public, is punishable by imprisonment from 15 to 25 years and the prohibition of certain rights. "

68. Article 176 paragraph 1 shall read as follows: "Murder in any of the illustrious following circumstances:) cruelties;
  

b) over two or more persons;
  

c) by a person to kill a more illustrious;
  

d) to savirsi or hide committing a tilharii or piraterii;
  

e) over a pregnant woman;
  

f) a magistrate, policeman, Constable times over a soldier, during or in connection with the performance of their duties or the public thereof, shall be punished with imprisonment or life imprisonment from 15 to 25 years of age and prohibition of certain rights. "

69. Article 178 paragraph 3 shall read as follows: "When killing due to a person is committed by a driver of a vehicle with mechanical traction, given blood alcohol exceeding a îmbibaţie legal limit or who was intoxicated, the punishment is imprisonment from 5 to 15 years."


70. In article 181 (1) shall read as follows: "the deed which has caused limb or health harm requiring medical care for healing of not more than 60 days shall be punished with imprisonment from 6 months to 5 years."

71. Article 182, paragraph 2 shall read as follows: "When the deed was committed to produce the consequences referred to in the preceding paragraph, the punishment is imprisonment from 3 to 10 years."

72. Article 183 shall read as follows: "Flicks or injuries causing death Article 183-if any of the acts mentioned in article 3. 180-182 resulted in the death of the victim, the penalty is imprisonment from 5 to 15 years. "

73. According to article 184 article 185 is reintroduced, which shall read as follows: "the challenge of illegal abortion Article 185-interruption of pregnancy rate, by whatever means, committed in any of the following circumstances: (a)) medical institutions or medical offices authorized for that purpose;
  

b) by a person who does not have the quality of physician specialty;
  

c) if pregnancy age exceeded fourteen weeks, shall be punished with imprisonment from 6 months to 3 years.
Interruption of pregnancy rate, which under any circumstances without the consent of the pregnant woman is punishable with imprisonment from 2 to 7 years and the prohibition of certain rights.
Whether the facts set out in paragraphs 1 and 2. 1 and 2 caused the woman responsible for any serious injury, the penalty is imprisonment from 3 to 10 years and the prohibition of certain rights, and if the act resulted in the death of the pregnant woman, the punishment is imprisonment from 5 to 15 years and the prohibition of certain rights.
In the case where the Act referred to in paragraph 1. 2 and 3 has been committed, in addition to the jail, and the ban will apply to the exercise of the medical profession, according to art. 64 lit. c). punishable Attempt.
Not punishable disruption rate of pregnancy performed doctor: of course pregnancy interruption) whether it was necessary to save the life, bodily integrity or health of the pregnant woman from an imminent and serious danger and that couldn't be removed otherwise;
  

b) in the case referred to in paragraph 1. and (b). c), when the interruption of pregnancy rate is required for therapeutic reasons, according to the legal provisions;
  

c) in the case referred to in paragraph 1. 2, when the pregnant woman was unable to express his will, and the interruption of pregnancy rate is required for therapeutic reasons, according to laws. "
  

74. In article 189, paragraphs 1, 2 and 4 shall read as follows: "Deprivation of liberty of a person illegally shall be punished with imprisonment from one to five years."
"Where the Act is perpetrated by simulating qualities, of abduction, of an armed person, two or more persons together, or whether instead of issuing a use material or any other benefit, and where the victim is a minor or is the subject of the health or life of suffering times are endangered; the penalty is imprisonment from 5 to 12 years. "
"If the act resulted in the death or suicide of the victim, the penalty is imprisonment from 15 to 25 years."

75. Article 192, paragraphs 1 and 2 shall read as follows: "Intrusion without, in any way, in a small room, House, or place enclosed by them, without the consent of the person who uses them, or denying them leave upon request, shall be punished with imprisonment from three months to three years or by a fine.
If the deed is celebrated by an armed, two or more persons together, during the night or through the use of punishment is lying qualities, imprisonment from 2 to 7 years. "

76. Article 193 paragraph 1 shall read as follows: "the Act of threatening a person with committing a crime or a damaging acts directed against her husband or a close relative, whether it is of its nature either, shall be punished by imprisonment from three months to three years or with a fine, unless the punishment imposed should be able to overcome the penalty prescribed by law for the offence which formed the subject-matter of the threat."

77. Article 194 shall read as follows: "Blackmail Article 194-Constringerea a person, through violence or threat, to make, to do, to do something or to suffer, if the deed is committed to unfairly gain a benefit for himself or for another, shall be punished with imprisonment from 6 months to 5 years.

When constringerea lay in the threat of putting the cat out of a real or imaginary facts, compromising the person threatened, for her husband or a close relative, the punishment is imprisonment from 2 to 7 years. "

78. Article 195 (1) shall read as follows: "opening a correspondent asked another times a call or intercept communications carried out by telephone, telegraph or other means of transmission distance without law, shall be punished with imprisonment from 6 months to 3 years."

79. In article 197, paragraphs 1 to 3 and 5 shall read as follows: "a person's sex Ratio of females, through constringerea, or taking advantage of her inability to defend themselves or to express his will, shall be punished with imprisonment from 3 to 10 years.
The punishment is imprisonment from 5 to 15 years if: a) the deed was perpetrated by two or more persons jointly;
  

b) victim was in the care, protection, education, security, or in the treatment of the perpetrator;
  

c) has caused serious harm to the victim of bodily integrity or health.
  

The punishment is imprisonment from 10 to 20 years if the victim has not reached the age of 14 years, and if the act resulted in the death or suicide of the victim, the penalty is imprisonment from 15 to 25 years.
The acts referred to in paragraph 1. 1, 2(a). b) and (c)) and paragraph 3. 3 sentence not be punishable if before final judgment to be intervened marriage between the author and the victim. In case of participation, under conditions other than that provided in paragraph 1. 2(a) the marriage of author), and produces the same effects as the victim and the participants. "

80. Article 198 paragraph 3 shall read as follows: "When the Act is referred to in paragraph 1. 1 has been committed in the circumstances set out in article 1. 197 paragraph 2. 2(a) (b)) or if the acts referred to in paragraph 1. 1 and 2 have had consequences. 197 paragraph 2. 2(a) (c)), the penalty is imprisonment from 3 to 12 years. "

81. Article 200 shall read as follows: "sexual relations between persons of the same sex Article 200-sexual relations between persons of the same sex, perpetrated in public or if public scandal occurred, are punishable by imprisonment from one to five years.

Majorului deed of having sexual relations with a minor of the same sex is punishable with imprisonment from 2 to 7 years and the prohibition of certain rights.
Sexual relations with a person of the same sex unable to defend themselves or to express their wills or through constringere punished imprisonment from 3 to 10 years and the prohibition of certain rights.
If the Act referred to in paragraph 1. 2 and 3 has serious injuries as a result of bodily integrity or health, the punishment is imprisonment from 5 to 15 years and the prohibition of certain rights, and if as a result the death or suicide of the victim, the penalty is imprisonment from 15 to 25 years of age and prohibition of certain rights.
Inciting or luring a person for the purpose of the practice of sexual relations between persons of the same sex, as well as propaganda the Association or any other related acts of proselytism in the same purpose shall be punished with imprisonment from one to five years. "
82. Article 201, paragraphs 1 and 2 shall read as follows: "sexual perversion, acts committed in public or if they have produced public scandal is punished with imprisonment from one to five years.
The provisions of article 200 para. 2 to 5 shall apply accordingly. "
83. Article 205 (1) shall read as follows: "Achieving a reputation brought honour times through words, gestures, or by any other means, or by exposure to ridicule, is punishable by imprisonment from one month to two years or by a fine."
84. Article 206 (1) shall read as follows: "the affirmation of the public, the charging times by whatever means, of a determined facts regarding a person, which, if it were true, it exposes that person to a criminal sanction, administrative or disciplinary times dispreţului the public, shall be punished with imprisonment from three months to three years or by a fine."
85. Title III of the special part will be referred to as "Offences against heritage."
86. Article 208 (1) shall read as follows: "taking of property from the possession or detention cell of another, without his consent, in order to it himself, shall be punished with imprisonment from one to 12 years."

87. Article 209 shall read as follows: "Article 209 qualified Theft-Theft illustrious in the following circumstances: a) of two or more persons jointly;
  

b) by a person with a gun upon himself or a substance addiction;
  

c) by a masked, disguised or transvestited;
  

d) over a people unable to express the will or to defend;
  

e) in a public place;
  

f) means of transport;
  

g) during the night;
  

h) during disasters;
  

I) by burglary, escalation or through the use of a non-genuine or a lying, is punishable with imprisonment from 3 to 15 years.
The same penalty shall be imposed on: theft of petroleum products), or from natural gas pipelines, storage times tanks;
  

(b)) a good part of their cultural heritage;
  

c) an act which serves as proof of civil status, for identification or self-identification.
  


The theft, which occurred particularly serious consequences shall be punishable by imprisonment for 10 to 20 years and the prohibition of certain rights. "

88. Article 211 shall read as follows: "Article 211 Tilharia-usage of illustrious Theft by violence or threats, or by putting the victim in a State of unconsciousness or impossible to defend, and the theft followed by the use of such funds for the preservation of the property stolen or for the removal of traces of the crime or that the perpetrator to escape, shall be punished with imprisonment from 3 to 18 years.

Tilharia committed in the following circumstances: (a)) of two or more persons jointly;
  

b) by a person with a gun upon himself or a substance addiction;
  

c) to a person or masked, disguised transvestited;
  

d) during the night;
  

e) in a public place or in a means of transport;
  

(f)) in a home or in facilities;
  

g) during disasters;
  

h) had any consequences as indicated in art. 182, is punishable by imprisonment from 5 to 20 years.
Tilharia which has very grave consequences produced or resulted in the death of the victim shall be punished with imprisonment of from 15 to 25 years of age and prohibition of certain rights. "

89. Article 212, paragraphs 1-3 shall read as follows: "the Looting by acts of violence committed for private purposes, for the crew or the passengers of a ship against persons or property occurring on that ship times against another vessel, if the ships lay in the great movement or in a place which is not subject to the jurisdiction of any State, shall be punished with imprisonment from 3 to 18 years.
If piracy had any consequences as indicated in art. 182, the penalty is imprisonment from 5 to 20 years.
Piracy which has very grave consequences produced or resulted in the death of the victim shall be punished with imprisonment of from 15 to 25 years of age and prohibition of certain rights. "

90. Article 213 shall read as follows: "the abuse of trust Article 213-the appropriation of a movable of another inmate with any title, or the layout of this good times wrongfully refusing to repay him, shall be punished with imprisonment from 3 months to 4 years or by a fine.

Whether property is private property, unless it is entirely or in part of the State, criminal proceedings shall be put into motion in the injured person's prior complaint. Reconciliation of the parties remove criminal liability. "

91. Article 214 shall read as follows: "fraudulent Management Article 214-Pricinuirea of damage to a person, in bad faith, or in connection with the administration of its property preservation, by the times must take care of the management of those assets, or conservation shall be punished with imprisonment from 6 months to 5 years.

Fraudulent administration perpetrated with the aim of receiving material benefit shall be punished with imprisonment from 3 to 10 years if the Act does not constitute a crime worse.
Whether property is private property, unless it is entirely or partly State-owned, the criminal proceedings referred to in paragraph 1 for the deed. 1 trigger prior to the complaint of the injured person. "

92. Article 215 shall read as follows: "Article 215-Deception to mislead a person, by presenting as true or as a lying liar of a true facts for the purpose of obtaining for himself or for other material benefit unjustly and has caused a damage, is punishable by imprisonment from 6 months to 12 years.

Deception perpetrated by using names or lying or other qualities fraudulent means shall be punished with imprisonment from 3 to 15 years. If fraudulent constitutes in itself an offence, it shall apply the rules concerning competition offences.
Inducing or maintaining a person in error on the occasion of the conclusion or performance of a contract, so committed, without error, it would not be at yerself be completed or executed the contract under the terms, shall be sanctioned with punishment provided for in the preceding paragraphs, the distinctions shown there after.
The issuance of a check on a credit institution or a person, knowing that to get there or his coverage required and the deed to retire, after issue, get, in all or in part, or to ban trasului to pay before the end of the presentation, for the purpose described in paragraph 1. 1, if the damage caused by a cheque, shall be sanctioned with punishment provided for in paragraph 1. 2. the Deception which had particularly serious consequences shall be punishable by imprisonment for 10 to 20 years and the prohibition of certain rights. "

93. According to article 215 shall be inserted in article 215 ^ 1, which shall read as follows: "the Embezzlement Article 215 ^ 1-Appropriation, use, or trafficking in, by an official in the interest of or for another, money, values or any other goods which it manages or administers, are 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 certain rights. "

94. Article 217 shall read as follows: "the destruction of Article 217-Destruction, degradation times bringing in disuse of property belonging to another person or to prevent the taking of conservation measures save times of such a good, as well as the removal of the measures taken, shall be punished with imprisonment from one month to three years or by a fine.

Where the property has special artistic, scientific, historical, or some other such archivistic value, the penalty is imprisonment of from one to 10 years.
Destruction, degradation or bringing in a State of disuse of an oil or gas pipelines, of a high-voltage cable of the telecommunication equipment and installations or for broadcasting radio and television or the water supply systems and pipe water supply lines, are punishable by imprisonment from one to ten years.
If the destruction, degradation or bringing into a State of disuse it commits through arson, explosion or by other means and where it also endangers the public, the penalty is imprisonment from 3 to 15 years.
The provisions laid down in paragraph 1. 2, 3 and 4 shall apply even if the property belongs to the perpetrator.
Whether property is private property, unless it is entirely or in part of the State, criminal proceedings for the Act mentioned in paragraph 1. 1 trigger prior to the complaint of the injured person. Reconciliation of the parties remove criminal liability. "
95. Article 218 paragraph 1 shall read as follows: "If the acts referred to in article 1. 217 had particularly serious consequences, the punishment is imprisonment from 10 to 20 years and the prohibition of certain rights, and if they had as a result a disaster, the penalty is life imprisonment or imprisonment of from 15 to 25 years of age and prohibition of certain rights. "

219. Article 96 shall read as follows: "Destruction due to article 219-Destruction, degradation times bringing in disuse, due, has a good, even if it belongs to the perpetrator, in cases where the Act is perpetrated through arson, explosion or any other such means and if it appears the public danger, are punishable by imprisonment from one month to two years or by a fine.

The same penalty shall be imposed on destruction due to degradation of an oil or gas pipelines, of a high-voltage cable of the telecommunication equipment and installations or for broadcasting radio and television or the water supply systems and pipe water supply lines, though resulted in bringing the State of disuse.
Destruction, degradation or bringing into a State of disuse, due, has a good, even if it belongs to the perpetrator, where had particularly serious consequences, shall be punishable by imprisonment from one to six years, and resulted in a disaster, the penalty is imprisonment from 3 to 12 years.
When disaster times the consequences of particularly serious have occurred as a result of leaving the station or of any other acts of the management personnel of a means of transport or by personnel who provide direct security for such shipments, the punishment is imprisonment from 5 to 15 years. "

97. Article 220 shall read as follows: "possession disorder Article 220-filling, in whole or in part, without the right, of a building located in the possession of another, shall be punished with imprisonment from one month to two years or by a fine.

If the Act referred to in paragraph 1. 1 shall refrain from the threat or through violence or by closing down or relocating signs milestone, a building located in the possession of another, the punishment is imprisonment from 6 months to 5 years.
If the Act referred to in paragraph 1. 2 it commits two or more persons jointly, the punishment is imprisonment from one to seven years.
If the property is in the possession of private individuals, except when it is entirely or in part of the State, criminal proceedings shall be put into motion in the injured person's prior complaint. Reconciliation of the parties remove criminal liability. "

98. Article 221 shall read as follows: "non-Article 221-receiving, dobindirea or transforming a good times to facilitate its recovery, knowing that the good originates from committing a criminal acts provided for by law, if this has sought to obtain for himself or for another, of a material benefit, is punishable with imprisonment from 3 months to 7 years, without sanction they can overcome the penalty prescribed by law for the offence in which the good is concealed.


Concealment committed husband or a close relative is not punishable. "

99. Article 222 shall read as follows: "Article 222-Sanctioning Attempted aggravated criminal offences listed in article 1. 208-212, 215, 215 ^ 1, 217 and 218 shall be punished. "

100. Title IV, called "Crimes against public property", of the special part, which comprises articles 223-233, is repealed.
101. is inserted after article 236 article 237 ^ 1, which shall read as follows: "Defamation of the country or the nation Article 236 ^ 1-public Manifestations committed with intent to defame the country or nation are punishable by imprisonment Romanian from 6 months to 3 years."

102. Article 238 shall read as follows: "Article 238 Offense brought authority-Achieving brought honour or committed in public, the threat against one of the persons referred to in art. 160, in connection with its activities and the nature of prejudice the authority, shall be punished with imprisonment from 6 months to 5 years.

Hitting or any other acts of violence, as well as personal injuries, committed against one of the persons and the conditions referred to in paragraph 1. 1, are punishable by imprisonment from 3 to 10 years, and whether it has produced serious personal injury, the penalty is imprisonment from 5 to 15 years and the prohibition of certain rights. "

103. Article 239 shall read as follows: "Article Ultrajul 239-Insult, slander or threat directly times perpetrated by means of direct communication with a public official who performs a function involving the exercise of State authority in the exercise of their times in the course of his deeds fulfilled, shall be punishable with imprisonment from 3 months to 4 years.

Hitting or any acts of violence, as well as personal injury perpetrated against the person referred to in paragraph 1. 1 in the course of the exercise or the exercise of their public deeds fulfilled, are punishable by imprisonment from 6 months to 7 years, and whether it has produced serious personal injury, the penalty is imprisonment from 3 to 12 years.
If the acts referred to in the preceding paragraphs are committed against a magistrate, police officer or military policeman or another person, including the penalty shall be increased by three years. "

104. According to article 239 is hereby inserted in article 239 ^ 1, which shall read as follows: "special cases of punishment in article 239 ^ 1-in the case of offences referred to in article 1. 180-182, 189 and 193 committed against the spouse, children or parents of the persons referred to in art. or in article 238. 239 para. 3, for the purpose of intimidation or retaliation for acts or acts carried out in the exercise of their public, the penalty shall be increased by one third. "

242. Article 105 shall read as follows: "evading or destroying of documents Article 242-Evading times destruction of a file, registry, or any other document entered in keeping times in possession of a body or an institution of the State or of any other of the units referred to in article 1. 145 shall be punished with imprisonment from 3 months to 5 years.

Due to the destruction of any of the records referred to in the preceding paragraph, which presents an artistic, scientific, historical, or some other such archivistic value, shall be punished with imprisonment from three months to two years or by a fine.
If the acts referred to in paragraph 1. 1 and 2 are committed by a public official in the exercise of powers by the service, the maximum sentences provided for in those paragraphs shall be increased by one year the crime specified in paragraph 1 Attempt. 1 shall be punished. "

106. Title VI of the special part will have the following name: "Crimes that affect the public interest activities or other activities stipulated by the law."

107. Article 246 shall read as follows: "Abuse of Office against the interests of the persons Article 246-Deed of civil servant who, in the exercise of his powers, with science, not an act meets him in times inadequate and thereby causing harm to the interests of a legal person is punishable by imprisonment from 6 months to 3 years."

108. Article 247 shall read as follows: "Abuse of Office by the restriction of certain rights in article 247-Restriction, by a public official, to use or exercise of the rights of any citizen, or creating it for situations of inferiority on the basis of nationality, race, sex or religion, shall be punished with imprisonment from 6 months to 5 years."

109. Article 248 shall read as follows: "Abuse of Office against the public interests in article 248-Deed of civil servant who, in the exercise of his powers, with science, not an act meets him in times inadequate and thereby causing a significant disorder of the property of a body or an institution of the State or of any other of the units referred to in article 1. 145 or a damage its heritage is punishable by imprisonment from 6 months to 5 years. "

110. After article 248 article 248 is inserted: ^ 1, which shall read as follows: "Abuse of Office in the form of qualified Article 248 ^ 1-if the acts referred to in article 1. 246, 247 and 248 had particularly serious consequences, shall be punishable by imprisonment from 5 to 15 years and the prohibition of certain rights. "

111. Article 249 shall read as follows: "Negligence in Breach of article 249-service due, by an official of a public service duties, through its failure or by carrying out her flawed, if you caused a significant disturbance of the property of a body or an institution of the State or of any other of the units referred to in article 1. 145 or a damage or an injury its heritage importance of the legal interests of a person, shall be punished with imprisonment from one month to two years or by a fine.

The Act referred to in paragraph 1. 1 if he had particularly serious consequences, shall be punished with imprisonment from 2 to 10 years. "

112. Article 250 shall read as follows: "abusive use of Article 250 Wearing phrases insulting towards a person, by a public official in the exercise of job duties, shall be punished with imprisonment from three months to three years or by a fine.
Hitting or other acts of violence committed under the terms of paragraph 1. 1 shall be punishable by imprisonment from 6 months to 5 years. "

113. In article 254, paragraphs 1 and 2 shall read as follows: "the official Deed, directly or indirectly, claim money or other times receives an advantage which is not appropriate to accept such times promise of benefits or do not reject it, in order to perform, not perform or intirzia performing any act relating to the duties of his Office or in order to do an act contrary to these duties , shall be punished with imprisonment from 3 to 12 years and the prohibition of certain rights.
The Act referred to in paragraph 1. 1, if it was committed by an official involved in the inspection, shall be punished with imprisonment from 3 to 15 years and the prohibition of certain rights. "

114. Article 256 paragraph 1 shall read as follows: "by an official Receipt, directly or indirectly, money or other benefits, having accomplished an act by virtue of its function and to which it was bound by it, shall be punished with imprisonment from 6 months to 5 years."

115. Article 257 paragraph 1 shall read as follows: "times the money or claiming other benefits times accepting promises, gifts, directly or indirectly, for himself or for another, committed by a person having influence or let to believe that influence of a clerk to cause him to do or not do an act falling within the duties of his , shall be punished with imprisonment from 2 to 10 years. "

116. Article 258 shall read as follows: "Acts committed by other servants Article 258-2201 246-250 regarding the civil servants and other servants apply, in which case the maximum penalty is reduced by one-third. "

117. is inserted after article 261 article 262 ^ 1, which shall read as follows: "Preventing participation in Article 261 ^ 1-prevention of participation in a criminal, civil, or disciplinary action in any other case, of a witness, expert, interpreter or defender, committed through violence, threat, or by any other means directed against constringere to times of her husband or a close relative , shall be punished with imprisonment from 6 months to 7 years.

The attempt is punishable. "

118. Article 262 paragraph 1 shall read as follows: "the failure to denounce immediately committing any of the offences referred to in article 1. 174, 175, 176, 211, 212, 215, 217 ^ 1 para. 2-4, art. 218 paragraph 1. 1 and art. 276 paragraph 1. 3 shall be punished with imprisonment from three months to three years. "

119. Article 263 shall read as follows: "the lack of referral to judicial Deed Article 263-public functionary who, given the knowledge of committing a crime in connection with the service fulfills its tasks, omit to refer to the Prosecutor without delay or the criminal investigation body, according to the law of criminal procedure, shall be punished with imprisonment from 3 months to 5 years.

If the Act is committed by a public official involved in the management or control of, the punishment is imprisonment from 6 months to 7 years. "

264. Article 120 shall read as follows: "encourage the offender in article 264-helping an offender without an understanding established before or during the Commission of the offence, to aggravate or to frustrate the prosecution, judgement or execution of punishment or to ensure the offender's benefit or product of the crime, shall be punished with imprisonment from 3 months to 7 years.


Favorizatorului the punishment imposed may not be higher than the penalty prescribed by law for copyright.
Fostering committed husband or a close relative is not punishable. "

121. Article 267 shall read as follows: "subjection to ill-treatment in article 267-subjection to ill-treatment of a person placed in detention, detention times in a safe or educational measures shall be punished with imprisonment from one to five years."

122. Article 267 ^ 1 3 shall read as follows: "torture that resulted in the death of the victim shall be punished with imprisonment or life imprisonment from 15 to 25 years."

123. article 269, paragraph 2 shall read as follows: "If the Act is committed by using violence, weapons or other instruments or by two or more persons jointly, the punishment is imprisonment from 2 to 8 years."

124. Article 271 paragraph 1 shall read as follows: "opposing the execution of a judicial decision, by means of threat against the execution, shall be punished with imprisonment from 6 months to 3 years, and if the deed was committed through acts of violence, the penalty is from one to seven years."

125. Article 271 (3) shall read as follows: "If the Act referred to in paragraph 1. 2, menace is celebrated through the punishment is imprisonment from 6 months to 3 years, and if the deed was committed through acts of violence, the punishment is imprisonment from one to five years. "

126. Article 279, after paragraph 3 a new paragraph shall be inserted which shall read as follows: "the attempt shall be punished."

127. is inserted after article 279 article 279 ^ 1, which shall read as follows: "the Failure of the regime of nuclear or other radioactive materials Article 279 ^ 1-Receipt, possession, use, disposal, disposal, transport, dispersion, exposure or diversion of nuclear material or other radioactive materials, and any other operations relating to their movements, without right, is punishable with imprisonment from 3 to 10 years and the prohibition of certain rights.

If the acts referred to in paragraph 1. 1 have produced a public danger, had any of the consequences referred to in art. 181 or 182 times have caused material damage, the punishment is imprisonment from 4 to 12 years and the prohibition of certain rights.
Evading times nuclear materials or destruction of other radioactive materials shall be punished by imprisonment from 5 to 15 years and the prohibition of certain rights.
If the acts referred to in paragraph 1. 3 have produced a public danger or had any consequences as indicated in art. 181 or 182, the punishment is imprisonment from 5 to 20 years and the prohibition of certain rights.
Where the acts referred to in paragraph 1. 1 and 3 have had particularly severe consequences, the punishment is imprisonment from 10 to 20 years and the prohibition of certain rights, if the death has occurred, one or more persons, the penalty is life imprisonment or imprisonment of from 15 to 25 years of age and prohibition of certain rights.
The threat, sent to a State, an international organization or an individual or legal, the use of nuclear materials and other radioactive materials, in order to cause personal injury or the death of some person, or damage to property, shall be punished with imprisonment from 3 to 12 years.
If the Act referred to in paragraph 1. 6 is conditional on the fulfilment or non-fulfilment of an act or when the threat, in whatever form, is claimed to give or surrender of nuclear material or other radioactive materials, the punishment is imprisonment from 5 to 15 years and the prohibition of certain rights.
The attempt is punishable. "

128. Article 280 shall read as follows: "explosive materials regime Failure Article 280-Producing, experimenting, processing, keeping, transport or use of explosive materials, or any other operations relating to these subjects without law are punishable with imprisonment from 3 to 10 years and the prohibition of certain rights.

Removing explosive materials shall be punished by imprisonment from 5 to 15 years and the prohibition of certain rights.
When the acts referred to in paragraph 1. 1 and 2 relate to a quantity of more than 1 kg of TNT equivalent, or when the amount of explosive is accompanied by materials of initiation, the penalty is imprisonment from 5 to 20 years and the prohibition of certain rights.
The acts referred to in paragraph 1. 1 and 2, menace if they produced or had any consequences as indicated in art. 181 or 182, are punishable by imprisonment from 5 to 20 years and the prohibition of certain rights. The same penalty shall be imposed and the Act referred to in paragraph 1, if the material has caused the damage.
Where the acts referred to in the previous paragraphs have had particularly serious consequences, the punishment is imprisonment from 10 to 20 years and the prohibition of certain rights, if the death has occurred, one or more persons, the penalty is life imprisonment or imprisonment of from 15 to 25 years of age and prohibition of certain rights.
The threat, sent to a State, an international organization or an individual or legal, the use of explosive materials in order to cause personal injury or the death of some person, or damage to property is punishable with imprisonment from 3 to 12 years.
The Act of using the threat of explosive materials, perpetrated under the conditions referred to in article 1. 279 ^. 7, shall be imposed with penalty referred to in that paragraph.
The attempt is punishable. "

129. Article 282 paragraph 1 shall read as follows: "the counterfeiting of currency, paper currency metal, public debt securities, traveller's cheques, securities of any kind for payment issued by the banking institution or other credit institutions, or falsification of any other evidence of similar values, the times shall be punished with imprisonment from 3 to 12 years and the prohibition of certain rights."

130. Article 288 par. 2 shall read as follows: "referred to in the preceding paragraph Forgery, illustrious by an official in the exercise of job duties, shall be punished with imprisonment from 6 months to 5 years."

131. Article 289 paragraph 1 shall read as follows: "the falsification of an inscribed on the occasion of its official statistical purposes, by an official located in the job duties, by means of certain facts or circumstances inappropriate omission or truth with science to insert some data or circumstances, shall be punished with imprisonment from 6 months to 5 years."

132. Article 292 shall read as follows: "false statements in article 292-inadequate statement of truth, a State body or institution or to an other of the units referred to in article 1. 145, to produce a legal consequences for himself or for another, where, under the law of the time, circumstances made that serves to produce consequences, shall be punished with imprisonment from three months to two years or by a fine. "

133. Article 293 paragraph 1 shall read as follows: "under a false identity Presentation times assigning such identities to another person in order to induce or maintain in an organ or a State institution or another of the unit referred to in article 1. 145, to produce a legal consequences for himself or for another, shall be punished with imprisonment from three months to three years. "

134. Article 296 paragraph 1 shall read as follows: "Deception through the use of a measuring instrument, or by the use of incorrect illegal an instrument to measure exactly is punishable with imprisonment from 3 months to 5 years."

135. Article 297 para 1 shall read as follows: "Counterfeiting of goods substitution times or any other products, as well as displaying for sale or sale of such goods, knowing they're forged times substituted punished with imprisonment from 6 months to 5 years."

136. Article 298 (1) shall read as follows: "disclosure of data or information not intended for advertising, by one who knows them due to job duties, if the Act is likely to cause damage, shall be punished with imprisonment from 2 to 7 years."

137. Article 300 shall read as follows: "the putting into circulation of counterfeit products in article 300-putting into circulation of products as a result of such infringement or non-use of the subject of an invention shall be punished with imprisonment from three months to three years."

138. Article 302 ^ 1 shall read as follows: "the diversion of funds Article 302 ^ 1-change the monies or resources, without complying with the legal provisions, if the deed caused a disruption of the economic-financial activity or a loss of an organ or to an institution or any other State of the units referred to in article 1. 145, shall be punished with imprisonment from 6 months to 5 years.

If the Act referred to in paragraph 1. 1 had particularly serious consequences, the punishment is imprisonment from 5 to 15 years and the prohibition of certain rights. "

139. Article 306 shall read as follows: "minor ill-treatment Article 306-putting in serious distress, measures or treatment of any kind, the development of physical, intellectual or moral, to the minor by the parents or any person to whom the minor has been entrusted the growth and education, shall be punished with imprisonment from 2 to 12 years."

140. Article 307 paragraph 1 shall read as follows: "the Detention by a parent of the child or minor, without the consent of the other parent or the person to whom the minor has been entrusted under the law shall be punished by imprisonment from 1 month to 3 months or by a fine."

141. Article 309 shall read as follows: "Contamination and transmission of venereal imunodeficitar syndrome acquired



Article 309-a venereal disease Transmission through sexual intercourse, through sexual relations between persons of the same sex or through acts of sexual perversion, by a person who knows that you are suffering from such a disease, is punishable by imprisonment from one to five years.

Imunodeficitar syndrome acquired transmission-AIDS-a person who knows that suffer from this disease is punishable by imprisonment from 5 to 15 years.
The Court shall order the measure obliging the security to medical treatment. "

142. is inserted after article 309 article 309 ^ 1, which shall read as follows: "upon the medical treatment Article 309 ^ 1-Evading from execution of the measure obliging the security to medical treatment in case of contamination by the venereal, shall be punished by imprisonment from 3 months to 1 year or with a fine."

143. Article 312 will read as follows: "drug trafficking Article 312-manufacture, possession or any operation relating to the circulation of narcotic substances or products times toxic, cultivation for the purpose of processing of plants containing such substances or products experimentation times of toxic substances, however without right, is punishable with imprisonment from 3 to 15 years and the prohibition of certain rights.

If the Act referred to in paragraph 1. 1 has been committed, the penalty is life imprisonment or imprisonment of from 15 to 25 years of age and prohibition of certain rights.
The prescription of the doctor, without the need for, the products or narcotic substances, shall be punished with imprisonment from one to five years, and the organization or îngăduirea the consumption of such products or substances in certain places is punishable with imprisonment from 3 to 15 years and the prohibition of certain rights.
The attempt is punishable. "

144. Article 313 (1) shall read as follows: "Food Preparation times forged, altered or drinks banned the consumption, harmful health, displaying for sale or the sale of such food or drink, knowing that they are counterfeit or altered times banned the consumption, are punishable by imprisonment from one to eight years."

145. Article 313 (3) shall read as follows: "release for consumption of meat or meat products, originating from the stolen animals culled of veterinary inspections if he had taken ill as a result of a person, shall be punished with imprisonment from 2 to 8 years, and resulted in her death, the punishment is imprisonment from 5 to 15 years."

146. Article 322 paragraph 3 shall read as follows: "in the case referred to in paragraph 1. 2 if it is not known which of the participants shown in the illustrious deeds that paragraph shall apply to all prison from 6 months to 5 years, when it has caused damage to limb or health. If the death was caused, the punishment is imprisonment from 3 to 15 years. "

147. Article 323 paragraph 1 shall read as follows: "the deed to associate or to initiate the establishment of an Association for the purpose of having committed one or more offences, other than those referred to in article 1. 167, or joining or supporting any form of such associations, shall be punished with imprisonment from 3 to 15 years, without being able to overcome the penalty prescribed by law for the offence falling within the purpose of the Association. "

148. Article 324, after paragraph 1, insert a new paragraph which shall read as follows: "If the Act referred to in paragraph 1. 1 is committed by a public official who performs a function involving the exercise of State authority or by a person from those listed in article 1. 160, the penalty is imprisonment from one to five years, without being able to overcome the penalty prescribed by law for the offence committed was instigated. "

149. Article 325 shall read as follows: "Spreading of obscene Article 325-Deed selling or spreading, and to make the times holds with a view to distribution, objects, drawings, writings or other obscene materials, shall be punished with imprisonment from 6 months to 4 years or by a fine."

150. Article 329 paragraph 1 shall read as follows: "Admonition or constringerea to prostitution or facilitating prostitution times drawing benefits from prostitution by a person, as well as recruiting a person for prostitution trafficking times for this purpose, shall be punished with imprisonment from 2 to 7 years and the prohibition of certain rights."

151. Article 329, paragraph 2 shall be inserted after paragraph 3 shall read as follows: "the money, values or any other goods which have been used or were intended to serve, directly or indirectly, from committing the offence referred to in paragraph 1. 1 and 2 and those that were acquired by committing its seize and, if they are not found, the convict is obliged to pay their equivalent in money. "

152. Article 334 (2) shall read as follows: "If the Act is committed by an officer, a salesperson or a military officer, hired two or more together in front of the military band assembled or if the deed has serious track, the penalty is imprisonment from one to five years."

153. Under the heading "Offences against the safety of the State" at the special art. 156 paragraph 1. 1, art. 157 paragraph 1. 1, art. 158, 159, 161, 162 para. 1, art. 165 163, para. 2-Title VI, chapter III, "Offences against the safety on the railways ' at the special art. 276 paragraph 1. 3-sentence-X under the heading "Offences against the defence capacity of Romania" at the special art. 338 para. 1, art. 339 paragraph 2. 1, art. 341 para. 2, art. 342 para. 2, art. 343, 344, 345 para. 3-and the Title XI "Crimes against peace and humanity" of the special part-art. 357 para. 1 and art. 358 paragraph 3. 3-' life imprisonment and confiscation of property or total imprisonment of from 15 to 20 years, the prohibition of certain rights and partial confiscation of property ", or, where appropriate, the words ' life imprisonment and confiscation of property or total imprisonment of from 15 to 20 years, the prohibition of certain rights and confiscation of property total" shall be replaced by the words "life imprisonment or by imprisonment from 15 to 25 years of age and prohibition of certain rights."
154. Under the heading "Offences against the safety of the State" at the special art. 157 paragraph 1. 2, art. 162 para. 2 and art. 165 para. 1-and the title XI "Crimes against peace and humanity" of the special part-art. 357 para. 3, art. 358 paragraph 3. 1, art. 359 para. 1 and art. 360 para. 1-the words ' imprisonment from 5 to 15 years, prohibition of certain rights and partial confiscation of property "shall be replaced by the words" prison from 5 to 20 years and the prohibition of certain rights. "
155. Provisions of the penal code and the special laws relating to the confiscation of property of punishment, partial or total, is repealed.
156. The words "organizations. 145 ' shall be replaced by the words "the units article. 157.145. " The words "public interest" shall be replaced by the words "public interest", with the exception of art. 44 and 45.


Article II the provisions of this law concerning conditional release does not apply to those sentenced definitively before the entry into force of the law, except those that have been stolen from execution.
The provisions of article 39 in paragraph 1. 6 are applicable where the sentencing to the death penalty has been commuted to imprisonment or the death penalty or life imprisonment.


Article III of the penal code, as amended, including those brought by this law, shall be in the Official Gazette of the Republic of Romania.
The Ministry of Justice is the only one authorized to edit and to publish, in the official volume of the criminal code.
This law was adopted by the Senate at its meeting on 25 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT prof. dr. OLIVIU GHERMAN this law was adopted by the Chamber of deputies at its meeting on 30 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — — — — — — —