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Law No. 197 Of 13 November 2000 On The Modification And Completion Of Some Provisions Of The Penal Code

Original Language Title:  LEGE nr. 197 din 13 noiembrie 2000 pentru modificarea şi completarea unor dispoziţii din Codul penal

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LEGE no. 197 197 of 13 November 2000 amending and supplementing certain provisions of the Criminal Code
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 568 568 of 15 November 2000



The Romanian Parliament adopts this law + Article 1 Criminal Code of Romania, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, shall be amended and supplemented as follows: 1. Article 75 (1) (b) shall read as follows: "b) the commission of the offence by acts of cruelty, by violence on family members or by means or means of public danger;" 2. in Article 112, the letter g) shall be inserted after letter f) with the following contents: "g) the prohibition of returning to the family home for a specified period." 3. Article 118 (1) shall be inserted after Article 118: " The ban on returning to the family home for a fixed period Art. 118 ^ 1. -When the person sentenced to the prison sentence of at least one year for loviri or any other acts of violence causing physical and mental suffering, committed on family members, if the court finds that its presence in the home the family constitutes a serious danger to the other members of the family, may take to this person the measure of prohibition to return to the family home, at the request of the injured party. This measure can be taken for up to 2 years. " 4. After Article 149, insert Article 149 ^ 1 with the following contents: "" Family member Art. 149 ^ 1. -Through the family member is understood the close spouse or relative, if the latter lives and housewives together with the perpetrator. " 5. in Article 180, after paragraph 1, paragraph 1 shall be inserted with the following contents: " The facts provided in par. 1 committed on family members shall be punished with imprisonment from 6 months to one year or fine. " 6. in Article 180, after paragraph 2, paragraph 2 is inserted with the following contents: " The facts provided in par. 2 committed on family members are punishable by imprisonment from one to 2 years or a fine. " 7. In Article 180, paragraphs 3 and 4 shall read as follows: " The criminal action is set in motion on the prior complaint of the injured person. In case of facts provided in par. 1 ^ 1 and 2 ^ 1 the criminal action is set in motion and ex officio. The reconciliation of the parties removes criminal liability, producing its effects and if the criminal action was set in motion ex officio. " 8. in Article 181, after paragraph 1, the following paragraph 1 shall be inserted: " The deed provided in par. 1 committed to family members is punishable by imprisonment from one to 5 years. " 9. In Article 181, paragraphs 2 and 3 shall read as follows: " The criminal action is set in motion on the prior complaint of the injured person. In case of facts provided in par. 1 ^ 1 the criminal action is set in motion and ex officio. The reconciliation of the parties removes criminal liability, producing its effects and if the criminal action was set in motion ex officio. " 10. In Article 197, paragraph 1 shall read as follows: "The sexual act, of any nature, with another person, by coercing it or taking advantage of its impossibility to defend itself or to express its will, is punishable by imprisonment from 3 to 10 years." 11. in Article 197 (2), after point b), insert letter b ^ 1) with the following contents: "b ^ 1) the victim is a family member;" 12. Article 197 (5) shall be repealed. 13. In Article 198, the marginal title of the article shall read as follows: "" Sex act with a minor " 14. In Article 198, paragraphs 1 and 2 shall read as follows: " The sexual act, of any nature, with a person who has not reached the age of 15 is punishable by imprisonment from one to 7 years. With the same punishment is sanctioned the sexual act, of any nature, with a person between 15-18 years, if the act is committed by the tutor or curator, or by the supervisor, caretaker, attending physician, teacher or educator, using his quality. " 15. Article 198 (5) shall be repealed. 16. in Article 202, after paragraph 1, paragraph 2 is inserted as follows: " When the documents provided in par. 1 are committed within the family, the punishment is imprisonment from one to 3 years. " 17. In Article 305, paragraph 1 shall read as follows: " The commission by the person who has the legal obligation of maintenance, compared to the one entitled to maintenance, of one of the following facts: a) leaving, banishing or leaving without help, exposing him to physical or moral suffering; b) failure to fulfill in bad faith the maintenance obligation provided by law; c) non-payment in bad faith, for two months, of the maintenance pension established by court, shall be punished, in the cases provided in lett. a) and b), with imprisonment from 6 months to 2 years or with a fine, and in the case provided in lett. c), with imprisonment from one to 3 years or with a fine. " 18. Article 306 shall read as follows: "" The treatments applied to the minor Article 306. -Putting in serious distress, through 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 with growth and education, is punishable by prison from 3 to 12 years. " 19. In Article 314, paragraph 1 shall read as follows: " Leaving, banishing or leaving without aid, in any way, a child or a person who has no power to care, by him who has it under guard or care, endangering his life, health or bodily integrity, in imminent danger, is punishable by imprisonment from one to three years. " + Article 2 The criminal code of Romania, with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I. This law was adopted by the Senate at the meeting of September 25, 2000, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of October 3, 2000, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU ------------