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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Law No. 197 of 13 November 2000 on the modification and completion of some provisions of the criminal code PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 568 of 15 November 2000, the Romanian Parliament adopts this law.


Article 1 of the penal code of Romania, republished in the Official Gazette of Romania, part I, no. 65 of 16 April 1997, alter and completed as follows: 1. Article 75, paragraph 1 letter b) shall read as follows: "b) committing the offence by acts of cruelty, by violence over family members, or by methods or means endangering the public;"
2. In article 112, after the letter f) is inserted in point g) with the following content: "g) ban on return to the family home for a period."
3. After article 118 shall be inserted in article 118 ^ 1 with the following content: "the prohibition to return to the family home for a period determined by Art. 118 ^ 1. -When the person sentenced to jail for at least one year for flicks or any other acts of violence causing physical and mental suffering, perpetrated upon the family members, if the Court finds that its presence in the family home to constitute a serious hazard to other family members, can take towards this person so far as the prohibition to return to the family home at the request of the injured party. This measure may be taken for a period of up to two years. "
4. After article 149 shall be inserted in article 149 ^ 1 with the following content: "member of the family Art. 149 ^ 1. -Member of the family means spouse or close relative, if the latter resides and gospodareste together with the perpetrator. "
5. In article 180, paragraph 1 shall be inserted after paragraph 1 ^ 1 with the following content: "the facts referred to in paragraphs 1 and 2. 1 committed upon members of the family are punishable by imprisonment from 6 months to one year or by a fine. "
6. In article 180, paragraph 2 shall be inserted after paragraph 2 ^ 1 with the following content: "the facts referred to in paragraphs 1 and 2. 2 upon family members committed are punishable by imprisonment from one to two years or by a fine. "
7. In article 180, paragraphs 3 and 4 shall read as follows: "criminal proceedings are put in motion prior to the complaint of the injured person. If the facts specified in paragraph 2. 1 ^ 1 ^ 1 and 2 criminal proceedings in motion and ex officio.
Reconciliation of the parties remove criminal liability, and the effects of top-and where criminal proceedings had been put in motion. "
8. In article 181, paragraph 1 shall be inserted after paragraph 1 ^ 1 with the following content: "the Act referred to in paragraph 1. 1 committed upon the members of the family shall be punished with imprisonment from one to five years. "
9. In article 181, paragraphs 2 and 3 shall read as follows: "criminal proceedings are put in motion prior to the complaint of the injured person. If the facts specified in paragraph 2. 1 ^ 1 criminal proceedings in motion and ex officio.
Reconciliation of the parties remove criminal liability, and the effects of top-and where criminal proceedings had been put in motion. "
10. In article 197, paragraph 1 shall read as follows: "sexual intercourse, of any kind with another person by coercion or taking advantage of her inability to defend themselves or to express his will, shall be punished with imprisonment from 3 to 10 years."
11. In article 197, paragraph 2, after the letter b) is inserted in point b ^ 1) with the following content: "b ^ 1) the victim is a member of the family;"
12. In article 197, paragraph 5 shall be repealed.
13. In article 198, title of article border shall read as follows: "sexual intercourse with a minor". In article 198, paragraphs 1 and 2 shall read as follows: "any Act of sexual nature with a person who has not reached the age of 15 years shall be punished by imprisonment from one to seven years.
The same penalty shall be imposed on any act of sexual nature with a person between 15-18 years if the Act is committed by the guardian or curator, supervisor, caretaker, prescriber, teacher or educator, using his capacity. "
15. In article 198, paragraph 5 shall be repealed.
16. In article 202, paragraph 1 shall be inserted after paragraph 2 as follows: "when the acts referred to in paragraph 1. 1 shall do within the family, the punishment is imprisonment from one to three years. "
17. In article 305, paragraph 1 shall read as follows: "the commitment by the person who has the legal obligation of maintenance, from the one entitled to maintenance of one of the following facts: a) leaving, scaring or leaving without help, showing it to physical or moral suffering;
  

b failure to bad) faith to the maintenance obligation prescribed by law;
  

c) failure in bad faith, for two months, maintenance of established judicial process shall be punished in the cases referred to in points. the a and b)), with imprisonment from 6 months to 2 years, or with fine, and in the case referred to in subparagraph (a). c) by imprisonment from one to three years or by a fine. "
  

306. Article 18 shall read as follows: "the ill-treatment of the child Art. 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 by the person to whom the minor has been entrusted the growth and education, shall be punished with imprisonment from 3 to 12 years. "
19. In article 314, paragraph 1 shall read as follows: "Leaving, scaring or leaving without help, in any way, of a child or a person who does not have to care as possible, by one who has under guard or care, and put them in imminent danger the lives, health or bodily integrity, shall be punished with imprisonment from one to three years."


Article 2 of the Criminal Code, as amended by this law, will be republished in the Official Gazette of Romania, part I. This law was adopted by the Senate at its meeting on 25 September 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting on 3 October 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU — — — — — — — — — — — —