Advanced Search

Law No. 5 Of 19 January 1948 For The Modification Of The Penal Code Dispoziţiuni

Original Language Title:  LEGE nr. 5 din 19 ianuarie 1948 pentru modificarea unor dispoziţiuni din codul penal

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 5 5 of 19 January 1948 to amend certain provisions of the penal code
ISSUER JUSTICE MINISTRY
Published in OFFICIAL MONITOR no. 15 15 of 19 January 1948



+ Article 1 Provisions of art. 1, 22, 50, 51, 53, 57, 58, 65, 66, 71, 80, 83, 95, 116, 139, 150, 151, 154, 156, 157, 166, 187, 191 192, 194, 209, 223, 224, 236, 250, 251, 252, 253, 284, 301, 302, 303, 304, 306, 307, 327, 330, 353 354, 360, 385, 386, 387, 494, 512, 535, 536, 537, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591 592, 593, 594, 595, 596, 604 of the penal code, are amended as follows: "" Art. 1. -No one can be punished for an act which, during the time it was enjoyed, was not provided for by law as a crime nor condemned to other punishments or subject to other safety measures than those which the law provides. The socially dangerous facts, which have a manifest resemblance to any of the facts provided by the criminal law, are counted as implicitly provided and punished by the provision of law that provides and punishes the asemizing act. Socially dangerous, within the meaning of the previous paragraph, are those facts that by their nature, or by the way the commission affects or endanger the safety of the State or the social order. In the case of al. 2 and 3, the criminal action can only be set in motion by the attorney general. Article 22. -The penalties for crimes are: In matters of common law: 1. Hard labor for life; 2. Hard labor on time marginalized from 5 to 25 years; 3. Heavy dungeon from 3 to 20 years. In political matters: 1. Heavy Detention for Life; 2. Heavy Detention from 5 to 25 years; 3. Rigorous detection from 3 to 20 years. Article 50. -In addition to each tribunal, an assistance society will operate under the supervision of the Ministry of Justice, aided by a central council, with a view to the social reclassification of the liberati convicts and for the fulfilment of the legal duties minors. These companies will be led by magistrates of the local courts. Article 51. -A regulation proposed by the Ministry of Justice will unravel provisions on penalties and their regime. Also, a regulation will establish the organization of the Assistance Society by providing for the rules of coordination of their activity with that of companies on the particular initiative. Article 53. -The police fine is pronounced alone or near the police prison. This fine is pronounced for the benefit of the Article 57. -The fines handed down for crimes punished by this code and those that would arise from special laws, as well as the amounts that would come from confiscations and from the compensation to which the injured parties have given up, belong to the State. The state will provide the necessary amounts to the construction and transformation of prison institutes, to correspond to the principles of this code, as well as to cover the expenses of the work of assistance and supervision exercised by the assistance to those put or released under supervision and to facilitate the social reclassification of those released from prisons. The State will also make available to the Ministry of Justice, the necessary amounts from which it can grant aid to the injured party uncompensated, to assist during the admission of the convict, to the persons to whom he owed food, as well as for the payment of compensation due to the victims of judicial errors. Article 58. -Civic degradation consists of: 1. The dismissal of the convict from any public office and the loss of the right to occupy any more; 2. Loss of the right to be a voter and eligible and, in general, all political rights and rights to wear decorations, medals or honorary, distinctive titles, to receive the State, county or commune pension; 3. Inability to be appointed asesor or public prosecutor or expert, as well as the inability to be a witness in authentic acts; 4. The inability to be part of any family council, to be a tutor, curator or judicial adviser; 5. Loss of the right to hold a school or to be used in any public or private institute, as: teacher, institute, teacher or supervisor, Except for political convicts. Article 65. -In the case of a conviction of no more than 2 years correctional imprisonment, simple detention or fine, the court of substance, by the very ruling conviction, may suspend the execution of the sentence handed down, in 3 years, plus the duration of the sentence: 1. If the convict did not suffer any custodial sentence before, for a crime or misdemeanor, even if he was rehabilitated, and 2. If, compared to the circumstances and the history of the convict, the court considers, that in the future, his conduct will be good, even without the execution of the sentence; 3. If the offender, in case of embezzlement, has submitted in full the embezzled amount, until the last court of law is handed down and meets the above conditions. The measure of suspension must be reasoned In case the suspension is approved, the court draws the convict's attention to the consequences that would result, from non-compliance with the conditions of suspension The suspension of the execution of the custodial sentence also attracts the suspension of the execution of the fine, handed down as a compliment The suspension of the execution of custodial sentences or fines shall entail, during the suspension, the suspension of the incapacities, forfeits and prohibitions arising from the conviction. The suspension of the execution also has no effect on the safety measures handed down either on the conviction to civil compensation, refunds or costs. The court may compel the convict, that, before the expiry of the trial period, to repair the damages fixed by the judiciary, to execute the refunds and to pay the costs. Article 66. -The suspension of execution shall not apply in the following cases: 1. In case of actual contest of crimes, or of conflation of penalties, when the court handed down a sentence of more than one year. 2. When the correctional sentence is resulting from the application of mitigating circumstances, for murder. Article 71. -The safety measures are: 1. The internment of the alienated offenders in a hospice; 2. The internment of offenders with physiological or psychological abnormalities, in an asylum; 3. Owning offenders from the object, in a special institute; 4. Internship of vagrants and beggars in a work house; 5. The internment of juvenile offenders in a moral re-education institute; 6. The supervision of minors; 7. Child guardianship measures; 8. The ban on being in certain localities; 9. The ban on entering certain premises; 10. Prohibition to exercise a particular profession or profession; 11. Expulsion of foreigners; 12. Special confiscation; 13. Good behavior Cautiunea; 14. Closing the premises; 15. Disorder or suspend a legal person. The application cases and the modes of execution of safety measures regarding minors are shown in art. 146 146, 147, 148, 149, 151 and 153 of this Code. Article 80. -In case of conviction, the court, subject to the rights of third parties, may order, by its decision, the confiscation: 1. Works produced by offence; 2. The works that served or were intended to serve to the enjoyment of a crime, if they are of the author of the crime, of the instigator or of any accomplice; 3. Things held against laws and regulations. These things, if they are harmful to public health, after confiscation, will be destroyed by the research bodies with the opinion of the prosecutor's office. The confiscation of the things provided above can be decided even if the author, instigator or accomplice are defended by punishment, either because the criminal action could not be exercised, or because it was given an order or decision of non-prosecution or Decision of acquittal. Confiscated things are sold for the benefit of "Judicial Timbre." The Ministry of Justice can decide that these things should be used to set up criminal science museums or enrich them. Art. 83. -The duration of these safety measures is from 1 to 3 years. The deadline flows from the day when the bail was filed or guaranteed. If the bail is not filed or the guarantee is not given within the period shown above, the court applies the punishment provided for the offence enjoyed or the safety measure to which the bail was substituted. The execution of the sentence applied, in this case, can be suspended in the conditions of art 65. If during the duration of the bail filed or guaranteed, the offender has not committed any crime or misdemeanor punished by the law with the custodial sentence, the bail or the guarantee is returned, and the mortgage inscription radiates. Otherwise the court that ruled the measure has the confiscation of the amount or the realization of the claim for the benefit of Article 95. -Crimes are crimes, crimes and misdemeanors according to the species of punishment provided by law for each of them, except when a special law expressly changes this classification. The modification of penalties by applying legal excesses and mitigating circumstances also changes the category of crimes, unless the punishment imposed is a punishment for contravention. Article 116. -It is not counted in the state of relapse, which, being condemned by a final decision for a crime, committed a crime. Also, the minor who did not turn 18 and the major who committed a new crime, after being convicted of another crime, committed in the age of the minority, does not count. Article 139. -The minor who has not turned 12, is not responsible for the criminal acts committed by him. Also, he is not responsible for the crime savirsita, the minor who did not turn 15 years old, except when it turns out that at the time of the saviour he worked with discernment. The minor from 15 to 18 is responsible. The court is obliged to find the fact and how it was committed, taking information: 1. On the physical and moral state and background of the minor; 2. On the conditions in which he was raised and in which he lived; 3. On the moral and material situation of the family. When there is a doubt about the physical or mental state of the minor, a medical expertise is carried out. Article 150. -The punishment of correctional prison or simple detention that can apply to the minor, is: 1. Dela 3 to 15, if the crime savirsita is punishable by law with criminal punishment. 2. Half of that sentence, if the offence is punishable by law with correctional imprisonment or simple detention. In this case, the maximum of the sentence cannot be more than 3 years. When the minor is less than 15 years old, he cannot be punished in the case of murder with a sentence of more than 10 years. The above penalties can be ruled only when from the circumstances and morality of the minor the court made its conviction that the application of other measures would be unstuffing. In all cases the punishment of the correctional prison or the simple detention, handed down against the minor, will be executed in the specific correction institute intended for it. Article 151. -In the case of the previous article, the court can order by the same decision, that the minor, after the execution of two thirds of the sentence, can be released and subject to supervision, until the moment when the custodial sentence should have been cease by full execution. Conditional release may be granted, by the competent court, only to minors who have given evidence of correction. The liberally conditioned one is subject to special rules regarding his way of life and behavior during the release. If during this time the minor did not comply with these rules or committed a new crime punishable by law with a custodial sentence, the court revokes the measure of release, sending him again to the correction institute, where he will execute the rest. of punishment. If the new crime is punishable by law only with a fine, the court can also revoke the measure of conditional release. In case of good behavior, during the conditional freedom, the punishment is considered executed. Article 154. -The surdo-mutul does not respond to the crime committed, if it is found that at the time of the saviour he was not discerning; otherwise, the punishment of the correctional prison, within the limits provided by law, for minors. Art. 156. -When the challenge is proven, the punishment shrinks in the following way: 1. If the law provides, for the offence enjoyed, the punishment of hard labor or heavy detentions, the correctional prison or simple detention of 3 to 12 years applies, and in the case of other criminal penalties, the correctional prison applies or simple detente from one to 5 years; 2. If the maximum of the sentence provided by law, for the offence committed, is at least 5 years correctional imprisonment or simple detention, the correctional prison or simple detention shall be applied from 6 months to 2 years; 3. For any other offence, the maximum of which required by law is under 5 years correctional imprisonment or simple detention shall be applied correctional imprisonment or simple detention from 2 to 6 months, and if the sentence is less than 4 months, fine up to 5,000 lei and when the punishment is only fine, it reduces to the general maximum of this punishment. Article 157. -The punishment provided for by the law can be reduced, if the court finds motivated in favor of the offender mitigating circumstances, such as if the offender had not committed another crime or the crime was enjoyed under the empire of a strong emotions, hunger, misery, or other similar facts. In the cases of application of mitigating circumstances the punishment shall be reduced as follows: 1. In criminal matters, even in case of contumacie: a) If the punishment is hard labour for life, hard labour shall be applied in time, or heavy dungeon may be applied; b) If the punishment is that of hard labor on the bordered time the heavy dungeon is applied or the correctional prison can be applied, which, however, cannot be reduced to less than 3 years; If the law provides for the maximum of a sentence, the correctional prison, the duration of which cannot be reduced under one year, shall apply. If the law provides for the maximum of a sentence, its minimum shall be applied, or the following sentence may be applied below, without falling below the limits set out in the above paragraphs. 2. In correctional matters, even in the absence of the offender: a) The custodial sentence or fine, or both these penalties together, can be lowered to the general minimum of the fine, or even below, without however being able to reduce below 50 lei. The maximum fine substitution of the prison in recognition of mitigating circumstances, cannot pass 20,000 lei, except the case provided by art. 52 52 para. 3 3; b) If the maximum of the sentence provided by law is 5 years, or higher, the punishment cannot be removed under 3 months correctional imprisonment, except when the special minimum of that sentence would be less than 3 months. 3. In the case of crimes that interest the public order or inner or outer safety of the State, no mitigating circumstances are granted when the law expressly provides for this. 4. In the matter of contravention, the mitigating circumstances may be granted unmotivated. In this case, the fine police prison is substituted, the maximum of which is 2,000 lei, and when the punishment is fine, it can be lowered up to 50 lei. Art. 166. -Prescription is interrupted in the following cases: 1. When they were done acts of research, tracking or training; 2. When they were validly fulfilled before the court of law any procedural documents, which, according to the law, must be communicated to the offenders; 3. When the court delivered an even non-final decision. After each interruption a new limitation period begins to flow. Criminalization is prescribed as many interruptions would have occurred, if the entire limitation period was exceeded by another half, and for the prescription of 3 years or lower, if the deadline was reached. The interruption of the prescription also takes effect towards the persons who took part in the crime, even if the documents shown in points 1, 2 and 3 of this article were not carried out and compared to them. Art. 187. -If the relations maintained by the Romanian citizen, with the subjects of foreign power, had to object one of the following facts, the punishment is hard labor for life: 1. The performance of acts aimed at committing the Romanian State to the declaration or maintenance of neutrality or to the declaration of war; 2. Acceptance of promises, money, gifts, or other benefits for the purpose of carrying out acts contrary to the national interest in the case of war; 3. Determination of other platforms to commit the fact referred to in point 2. In all cases the punishment is the same if it had been agreed that the above purposes would be achieved through a press propaganda. Art. 191. -The Romanian citizen, who procure or transmits, in any way, in original or in copy, in whole or in part, any of the plans, scripts, documents, mentioned in art. 190, the enemy or his agents, or a foreign power, or its agents, or who, having knowledge of them, communicate to those or publish them or reproduce, even partially or incompletely, commit the crime of high treason and shall be punished with labor Hard for life. The same sentence shall apply in the following cases: 1. The Romanian citizen, who procure or owns, without quality of knowledge of them, the plans, scripts or documents mentioned in art. 190 190; 2. The Romanian citizen, who would reproduce in public, after other publications, plans, scripts or documents mentioned in art. 190. If the author of the publication or reproduction is not known, the punishment shall apply according to the provisions of art. 181. Art. 192. -He commits high treason murder and is punishable by hard labour for life: 1. The Romanian citizen, who, openly, or hiding his identity or nationality, quality or profession, in order to commit the facts provided in art. 190, is introduced in a locality, land area, water, or air, where it is stopped access for military interest, fortress, port, airport, hydroscale, naval base, military port, camp, training camp, bivouac, cauldron, technical establishment, rasboiu vessel, supply store, office where plans, documents, letters or other acts are kept, or geographical maps, relating to national defence, as well as in any other military establishment with its dependencies; 2. The Romanian citizen, who, by the means indicated in the previous paragraph, and in order to commit the facts provided in art. 190, raise plans or make railway recognitions or any other means of communication, take information or photographs, or execute drawings, sketches, on any thing regarding the defense of the territory or at the safety of the State. Article 194. -When any of the offences provided by art. 184, 186, 188, 189 and 190 is committed by a foreigner, constituting the crime of espionage and punishable by hard labor for life. In the cases provided by art. 187, 191 and 192 are punishable by hard labor from 5 to 15 years and civic degradation from 3 to 10 years. The attempted murder of espionage is punishable as a murder. In time of war, the provisions of this section shall apply insofar as they agree with international conventions relating to espionage. Article 209. -It is the offence of scheming against the social order and punishable by correctional imprisonment: I. From 6 months to 3 years, fine from 2,000 to 20,000 lei and correctional ban from 1 to 3 years the fact of preaching by live grai the change of the democratic form of government of the State. II. From 3 to 7 years, fine from 2,000 to 20,000 lei and correctional ban from 3 to 5 years: a) The fact of making propaganda for the violent overthrow of the existing social order in the State; b) The fact of constituting or organizing secret associations with the purpose shown in the previous paragraph, whether they have or not international character; c) The fact of working, through violent means, to produce terror, fear or public disorder, with the aim of changing the economic or social order in Romania; d) The fact of entering into contact with any international person or association abroad or in the country, in order to receive instructions or aid of any kind for the preparation of an overthrow of the Democratic order of the State; e) The fact of helping, in any way, an association from abroad or in the country, which would aim to fight against the economic or social order in Romania, by means shown in letters a and c; f) The fact that he or she becomes a member of any of the associations referred to in points b and c. III. It is punishable by hard labor from 15 to 25 years and civic degradation from 5 to 10 years, those who initiate, organize, activate or participate in political, military or paramilitary fascist organizations. IV. It is punishable by correctional imprisonment from 3 to 10 years, fine from 4,000 to 40,000 lei and correctional ban from 1 of 3 years, those who, without being part of the organizations provided in point III, make propaganda or take actions in favor of those organizations, their members or the goals pursued by them. Article 223. -Criminal action for the offences provided by art. 220 and 222, can only be set in motion with the authorization of the Ministry of Justice. The desire of the foreign government will extinguish criminal action. Article 224. -The one who, on the territory of the Romanian State prepares against the inner or outer safety of a State, which is not found in war with Romania, any of the crimes provided for in Title I of Book II of this code, commits the crime against the safety of the foreign state and is punishable by rigorous detention from 5 to 15 years. Art. 236. -The public servant who appropriates, traffics or uses for himself or for others, money, effects or other movable things from the public estate, entrusted to him in administration or storage, by virtue of his legal commission, commits the offence of embezzlement. It is considered embezzler and civil servant, who without being a rightful manager, but voluntarily or out of order, receiving the commission to collect, transport or manipulate: money, effects or other mobile things from the public estate, committed any of the facts listed in the preceding paragraph. The offence of embezzlement shall be punishable as follows: 1. Dela 3 to 5 years correctional imprisonment, fine from 5,000 to 10,000 lei and correctional ban from 1 to 3 years, if the amount or embezzled values do not exceed 50,000 lei; 2. Dela 3 to 7 years correctional imprisonment, fine from 5,000 to 15,000 lei and correctional ban from 3 to 5 years, if the amount or values embezzled are from 50,000 lei to 1.000.000 lei, inclusive; 3. Dela 3 to 10 years correctional imprisonment, fine from 10,000 to 20,000 lei and correctional ban from 3 to 6 years, if the amount or embezzled values are higher than 1,000,000 lei. If, for the enjoyment of embezzlement or for covering, they, or for preventing the discovery or for the preservation of the profit deriving from it, the culpable has committed any forgery, any destruction of acts or any other crime, the punishment is that provided in the previous paragraphs, after the distinctions there made, being able to increase by no more than 2 years. In all cases the court can pronounce by decision of conviction and punishment of seizure of wealth as well as the loss of rights at the hostel. Article 250. -He who gives, offers or promises a public official, either directly or indirectly, money or any other profit that according to the law is not due, in order to determine him to meet, not to meet or delay the performance of an act concerning his function, or to do an act contrary to the duties of his office, commits the crime of bribery and is punishable by correctional imprisonment from 3 to 6 years and fine from 5,000 to 15,000 lei. If the fact is committed to a person holding an elective mandate, or to a judge or civil servant, charged with the teaching, reception or supervision of supplies or public works, or with the establishment or collection of taxes, the punishment is the correctional prison from 5 to 8 years, a fine of 5,000 to 20,000 lei and a correctional ban from 1 to 5 years. It is not reckoned to bribe the fact committed in the conditions of art. 238. It is defended by the bribe of the bribe if it denounces the fact of the authorities or the public ministry before Article 251. -The public servant who, for the purpose of fulfilling, not fulfilling, or delaying the performance of an act regarding his function, or making an act contrary to the duties of his office, claims or receives, either directly or indirectly: money, goods, values, commissions or any other use that is not due to him by law, or accepts such a promise or does not reject it, commits the crime of bribery and is punishable by correctional imprisonment from 5 to 10 years, fine from 5,000 to 15,000 lei and correctional ban from 3 to 7 years. The sentence is the correctional prison from 5 to 12 years, fine from 10,000 to 20,000 lei and correctional ban from 3 to 6 years, if the fact is committed by a person who is part of the Judicial Corps, of official responsible for: countering, handing over, receiving or supervising supplies or public works, with the attribution of any rights to the assets of the State, with the control of the application of the special laws for the repression of illicit speculation economic sabotage, or the establishment or collection of the rights of the State from taxes, stamps and taxes. The crime of bribery is also punishable by correctional imprisonment from 5 to 12 years, fine from 10,000 to 20,000 lei and correctional ban from 3 to 6 years, if any of the persons provided for in paragraph I committed due to bribery, a illegal or unjust act. It shall be punishable by the same penalty of bribery committed by two or more civil servants, understood for that purpose, before or in the course of the execution of the offence, if they have committed, because of bribery, an unlawful act or Unfair. In all cases of bribery, money or goods or their value, they are taken for the benefit of the State. The same measure applies in case of bribery not followed by acceptance. Article 252. -The one who prevails over real or alleged passage or influence, who would have a public official, directly or indirectly or makes his or another's promise to him or another but, use or remuneration, for his intervention to that official, to do or not to do any act that falls within his duties, commits the crime of influence peddling and is punished with correctional imprisonment from 1 year to 3 years fine from 5,000 lei to 10,000 lei and correctional ban from 1 to 3 years. If, however, he receives directly or indirectly, or makes to give or promise himself or another, any gift, use or remuneration, under the pretext that he must buy the favor of any public official, the punishment is the correctional imprisonment of 2 to 5 years, fine from 5,000 to 15,000 lei and correctional ban from 2 to 5 years. The one who, taking advantage of an alleged assignment from an official person, asks an authority to do or not to do an act within the framework of his attribution, will be punished with correctional imprisonment from 2 to 5 years and with a fine of 5,000 to 10.000 10.000 lei. Objects received or their value are taken for the benefit of the State Art. 253. -He who, by words, gestures or acts, affects the honor or prestige of a public official, during the exercise of his function, or for acts fulfilled in the exercise of his function, in his presence, or by means of communication direct, commit the crime of outrage against the civil servant and shall be punished with correctional imprisonment from one to six months and fine from 2,000 to 3,000 lei. If the ultrage is committed in public session, against a judge, asesor or popular prosecutor, representative of the public ministry, or a member of a court of law, the punishment is correctional imprisonment from 6 months to one year and fine from 2.000 2.000 to 5,000 lei. Article 284. -Commit the offender's favoring offence: 1. The one who, without having had a prior understanding with the author or the accomplice, before committing the crime, gives aid or protection to them, to circumvent or thwart the investigations or other procedural acts of the authorities, or to evading them, or from the execution of the sentence; 2. The one who, in the conditions of the previous paragraph gives help to the author or the accomplice, to ensure his benefit or the product of 3. The one who hides the body of a person, the victim of a crime or a crime. The crime of favoring the offender is punishable by correctional imprisonment from 3 months to 3 years and with a fine of 2,000 to 10,000 lei, when the favored offender committed a crime and with correctional imprisonment from one month to one year, when he committed a crime. When the favored offense is a misdemeanor, the punishment will be at most equal to that favored. When the favored crime interests public order or the inner or outer safety of the State, the punishment will be that provided by law for the favored offender. Article 301. -The one who causes another to duel, whether the challenge is accepted or not, commits the crime of provocation to duel and is punishable by correctional imprisonment from 3 to 6 months and fine from 2,000 to 10,000 lei. The same punishment applies to the one who accepts the challenge, even if the duel did not take place. Article 302. -The exit on the ground, even if the duel was thwarted by circumstances independent of the will of the parties, is punishable by correctional imprisonment from 1 to 3 years. Article 303. -If the duel took place and because of this it resulted in an injury, it is punishable by the maximum of the sentence provided for injury to bodily integrity. Article 304. -If the duel resulted in death, it is punishable by the maximum of the sentence provided for murder. Article 306. -The witness who assists the duel is punishable for complicity, without the punishment being able to be less than 3 months correctional imprisonment. Article 307. -The one who urges another to duel is punishable as an instigator, and the one who makes imputations or exposes another to batgames because he did not provoke or accept a challenge to the duel, is punishable by correctional imprisonment from 3 to 6 months. Article 327. -Commit the crime of public instigation that, by any means, directly instigates the public to disobedience to laws or to the constituent authorities and is punishable by correctional imprisonment from 2 to 5 years and fine from 2,000 to 10,000; that which instigates hatred against a nationality, confessions or races is punishable by correctional imprisonment from 1 month to 6 months and fine from 2,000 to 5,000 lei. It is also the offence of public instigation and the simple fact of urging the public, by any means and directly to the enjoyment of any crime or crime, and is punishable, in case of urge to murder, with correctional imprisonment from 2 to 5 years, and in case of urge to misdemeanor, with correctional imprisonment from 6 months to 2 years. When the exhortation refers to public crimes the punishment is simple detention on the same duration. Anyone, by any means, will undertake or attempt to take an action against the inviolability of the King's person, or of the democratic form of government, as well as anyone by any means agitating or attempting to make agitations from which could result a danger to the safety of the State as provided by the laws, will be punished from 5 to 10 years correctional imprisonment. The instigators, even when the fact of instigation was not followed by any effect is punishable by the same punishment. Article 330. -When cets or assemblies, whether they belong or not to an association, commit acts of violence against persons or property, in order to manifest through this hatred or hostility against a nationality or confessions, they commit the crime of violence. against democratic order and punishable and punishable by instigators and leaders with correctional imprisonment from one to 2 years and fine from 2,000 to 10,000 lei, and the other participants with correctional imprisonment from 6 months to 1 year and fine from 2,000 to 5,000 lei, if they were not guilty of more serious crimes. Article 353. -Commit fire crime and is punishable by correctional imprisonment from 2 years to 8 years, fine from 5,000 to 15,000 lei and correctional ban from 2 to 5 years, that which sets fire to a house, buildings, plants, factories, mills, forests, gardens public an edifice, airport, shop, bridge, park, stock, or warehouse of goods, to products of the earth, picked or unculese, wood materials, cut or uncut, located in piles or warehouses, or any other things. If a public danger arises from arson, the punishment is the correctional prison from 3 to 12 years, a fine of 10,000 to 12,000 lei and a correctional ban from 2 to 6 years. The above provisions are also applicable in case when the burned objects are the property of the one who set fire, if the fire exposes to a public danger. Article 354. -The punishment is the correctional prison from 4 to 10 years, a fine of 10,000 to 15,000 lei and a correctional ban from 2 to 6 years: 1. If a house or buildings serving the dwelling is set on fire; 2. If a museum is set on fire, public edifice or intended for public use, a church, public archives, some facilities, or factories or warehouses of flammable or explosible materials. The punishment is the correctional prison from 5 to 12 years, a fine of 10,000 to 20,000 lei and a correctional ban from 2 to 6 years, when it was set on fire to one of the buildings provided in the previous paragraphs, during the time they were found in them one or more many people. Art. 360. -The fact shown in art. 359, if it produces a railway catastrophe, by derailing, overturning or collapsing a train, or colliding between two trains, constitutes the offence of railway catastrophe and is punishable by correctional imprisonment from 6 to 10 years, fine from 20,000 lei to 40,000 lei and correctional ban from 3 to 6 years. Article 385. -Commit the crime of counterfeiting of monet and is punishable by correctional imprisonment from 6 to 12 years, fine from 10,000 to 20,000 lei and correctional ban from 3 to 7 years, which: 1. Contraface moneta; 2. Alterate the true one, giving it the appearance of a higher value; 3. Alterate the monet removed from circulation, giving it the appearance of the one in circulation; 4. It shrinks its metallic content. Article 386. -The one who, without participating in the falsification, introduces on the territory of the forged State of the State, known to him as such, commits the crime of introduction into the country of the forged monet and is punishable by correctional imprisonment from 3 to 7 years, fine from 5,000 to 10,000 lei and correctional ban from 2 to 5 years. If the culpable performs this fact in understanding with the author, his accomplice or an intermediary, the punishment is that provided by art. 385. Article 387. -He who, in order to put into circulation, receives, acquires or holds the forged monet, known to him as such, commits the crime of interest of the forged monet and is punishable by correctional imprisonment from 2 to 7 years, a fine from 5.000 to 10,000 lei and correctional ban from 2 to 5 years. If the culpable receives the forged monet, from the author or accomplice of the falsification, or from their intermediary, the punishment is the correctional prison from 4 to 9 years, a fine of 5,000 to 15,000 lei and a correctional ban from 2 to 6 years. Article 494. -The one who, in a manner liable to alarm, threatens a person with the enjoyment of a crime or causing injury, as the fact would not constitute a more serious offence, commit the threat of threat and shall be punished, upon complaint injured party, with correctional imprisonment from 1 to 6 months. The sentence is the correctional prison from 1 to 3 years, in the following cases: 1. If the threat is accompanied by an application for the deposit of a sum of money or any other value in particular place or time; 2. If it is accompanied by symbolic signs or other means to make believe that the threat comes from a strong true or imagined secret association; 3. If threatened with death, with injury to bodily integrity or health, or with fire; 4. If the offender has simulated by any means an official quality or has used a falsified order of a public authority; 5. If the threat has been made by a transvestite or masked person; 6. If the threat was made with weapons. In the cases provided by par. 2, points 1, 2, 4, 5 and 6, the criminal action shall not be extinguished by the reconciliation of the parties. Article 512. -He who, by any means, affects the honor or reputation of a person or exposes him to the mockery, as it would not be the case provided by art. 507, 508 and 510, commit the crime of swearing and is punishable by correctional imprisonment up to two months or fine from 2,000 to 3,000 lei. Article 535. -He who, being part of the crew of a vessel, performs on his own, in the high seas, through violence or threat, acts of predation in order to abduct another vessel or goods from him, commits the crime of piracy and is punishable by correctional imprisonment from 3 to 6 years. When the fact is accompanied by loviri on the staff of the vessel or passengers, or caused them any harm to bodily integrity or health, the punishment is hard labor from 7 to 12 years and civic degradation from 5 to 8 years, and if the committed any murder or was kidnapped or destroyed the vessel, the punishment is hard labor for life. It is considered piracy and is punishable by the same punishment and by the above distinctions: 1. The fact committed by the staff of the vessel or persons on the vessel, in the counter of the vessel, for the purpose up shown; 2. The fact of causing, by any means, the shipwreck or the failure of a vessel, in order to own its cargo or to prey on the travelers. Article 536. -The provisions of the previous article also apply when the crime or the crime of piracy was committed between aircraft or between them and vessels. Article 537. -He who, having in his possession or detention, under a title, a mobile thing of another, appropriates or has abuse of trust and is punishable by the correctional prison from 6 months to 3 years, fine from 2,000 to 5,000 lei and prohibition correctional from 6 months to 1 year. Criminal action can only be set in motion by the prior complaint of the injured party and extinguished by the reconciliation of the parties. Article 582. -It is punishable by a fine of 50 to 2,000 lei those who will follow the regulations and ordinances based on the law, if they do not provide for any punishment. Article 583. -They are punishable by police prison from 10 days to one month and fine from 500 to 2,000 lei; 1. Hoteliers, hangers and other such tenants, who do not consider travellers, within the deadline fixed by the authorities, to make the identity declaration required by law, or do not register in the registers the name, surname and date of entry or exit of persons on that they have in their host or which, when refusing travellers to make the legal statements, do not denounce the case, in 24 hours, to the authorities in law, as well as that which does not depict such registers to the competent authorities, when they are asked; 2. Those who do not declare their name, profession and domicile in the register referred to in the preceding paragraph, when they have been presented to them or give false indications, if the fact is not a more serious offence; 3. Restorers, carciumers, birtsmen, cafeges and other such who allow customers to stay in their consumption venues or hide them, after the hours fixed for closure, or prevent the authorities of the authorities from controlling or investigating Misconduct; 4. Those who execute, without the permission of the military or maritime authority and without fraudulent intentiune, photographs, elevations of plans or topographic works, in the prohibited area or in military or maritime establishments; 5. Those who pass without authorization and without just reason over barriers, walls, fences, uluci, ditches, fortifications, land restrictions, belonging to the military administration or which are in its possession and where the entrance is prohibited; 6. The owner of the car or of any other motor vehicle, which employs a driver, who does not have or who has been raised the right to drive, as well as the owner or the driver who drive without right. Article 584. -I. It is punishable by a fine of 50 to 2,000 lei: 1. The driver of any vehicle or animal of burden that does not regulate only part of the street or road so that the other party remains free for the passage of others, as well as that driver of animal traction vehicle, or of animals of burden, which do not stand, during walking or parking, near its animals; 2. The one who driving a vehicle, on the streets or roads, does not hold the turn or hand too quickly, as well as cyclists and drivers of any vehicle travelling on sidewalks or stretches of road reserved for pedestrians; 3. The driver of any vehicle that does not have the lights required by the regulations or does not use them in accordance with those regulations; 4. The vehicle driver who does not have the regulatory number of his vehicle; 5. The one who does not care for the cleaning of the street, when this obligation is imposed on him. II. It is punishable by police prison from 10 days to one month and fine from 500 to 2,000 lei: 1. The one who desolves, breaks or destroys, in any way, the posters, extracts of decisions, ordinances, prints, drawings or manuscripts glued from the order of the authorities or with their authorization, in the specific places intended; 2. The one who holds in the shop or uses other weights or measures than those provided by law, without thereby causing any damage; 3. The one who refuses to receive, on their value, monets that have legal course in the State; 4. He who uses or makes use of teaching books or teaching means, prohibited by the higher school authority; 5. That consumer who, after the legal hour of closing the premises, at the invitation of the owner or authority, refuses to leave; 6. The one who is ordered by an official or a representative of the authority, who is legitimized and who is in the proceedings, refuses to declare his name, profession, domicile or other indications on identity, or who gives false indications, In the absence of a more serious crime. Article 585. -I. It is punishable by a fine of 50 to 2,000 lei: 1. The one who, from non-target, puts on windows, balconies or any other similar places, things that, by their fall, can hurt or dirty on passers-by. If the author is not known, the owner or owner of the building is punished, when he did not do all the due diligence to prevent the fact; 2. The one who leaves his animals dangerous free or does not take the measures required by the regulations in their regard; 3. The one who leaves without guard or at large, in unfettered places or in public places, traction animals, burden or horse riding, as well as the one who leads them without skill or entrusts them to an inexperienced person, or by the way they lead, so much or frighten them and if from these facts there is a danger to public safety; 4. The one who leads, dangerously for the safety of persons or things, animal-driven vehicles through public places. II. It is punishable by correctional imprisonment from 10 days to one month and fine from 500 to 2,000 lei: 1. The one that prevents traffic on the streets, roads or public squares putting on them, without undefended need, materials or any other things that embarrass or impedes free passage, as well as that which does not place signs or barriers to remove the danger or not care for the light at night the materials that have heaped or the potholes or ditches that escaped on ramps, streets, roads or public squares; 2. The one who arbitrarily raises or abolishes the signs shown in the preceding paragraph; 3. The one who on his own initiative extinguishes the lamps that serve to public lighting, raise or abolish appliances or signs, other than those shown in section 2, intended for a public service; 4. The one who does not obey the order given by the competent authority, to repair or break down walls or buildings that threaten the collapse; 5. He who lets loose a fool who is under his guard, or does not immediately announce the authority when the fool has escaped from his guard; 6. The one who, being authorized or obliged to maintain a pontoon, walking bridge or ferry, does not take all measures prescribed by the authorities or that are necessary, so that during their personal use, animals or things are safe from any danger; 7. The driver of any vehicle with mechanical traction that does not respect the speed allowed and displayed visibly by the authorities, as well as that which does not decrease the speed or does not stop when on the public road he sees that the approach of the vehicle produces fear Traction or riding animals. In case of relapse, in addition to the due punishment, the safety measure of the prohibition of the profession or the right of driving for 2 months to 1 year can also be applied; 8. The one who irons the prescriptions taken by the authorities, to prevent the arson of the fire, as well as the one who after the isbucnire treads the measures taken by the authorities to extinguish it or to maintain order and safety. 9. The one who keeps the public show or meetings open, without noticing the prescriptions required to protect the safety of the public. Article 586. -It is punishable by police imprisonment from 1 to 15 days and fine from 50 to 1,500 lei: 1. The one who, without knowing the competent authority in 3 days, or without obtaining its authorization, receives in his guard a person he knows is touched by mental alienation or, after receiving it, leaves it free; 2. The one who does not care to keep himself in good condition, to repair or to clean the baskets or any other place where fire is made. Article 587. -I. It is punishable by a fine of 50 to 2,000 lei: 1. The one who, in order to sell printed, newspapers or any other goods, on the street or in any other public place, turbura by shouting the silence of the inhabitants in the usual time for their rest; 2. The one that causes or contributes to the sgomot or larma cause, at night, thus flattening the silence of the inhabitants, through screams, songs or parties with fiddlers; 3. The driver of the car who, against the regulation of movement or without a just necessity, through sound instruments or by maneuvering the engine, thus makes sgomot, incit turbura the silence of the inhabitants. II. It is punishable by police prison from 10 days to one month and fine from 500 to 2,000 lei: 1. The one who follows the order of the authority by which he stops to shoot himself with firearms in the city or commune, or fireworks are prohibited of any nature, or that turbure order in public places; 2. The one who, by pulling the bells or any other signals of danger, knowing that there is no serious reason to make use of them, turbura the silence of the inhabitants, mislead the authorities or cause panic. Article 588. -It is punishable by police imprisonment from one to 15 days and with a fine of 50 to 1,500 lei, the parent, guardian or supervisor, who did not take all the measures in his power to prevent the vagabondage of the minor less than 18 years old, put under his authority or supervision. Article 589. -It is punishable by police prison from 10 days to one month and fine from 500 to 2,000 lei: 1. The doctor who, during an epidemic, refuses without just reason, at the request of the authority, on the territory where he exercises his profession, to give the first aid to people touched by epidermal boals; 2. The midwife, the pharmacist, the dentist, the doctor and the veterinarian, who in urgent cases, without right reason, refuse or delay to provide the services requested by the authorities or individuals; 3. The one who practices the art of healing without meeting the legal conditions for the exercise of the medical profession, except the cases provided by the health law, or if the fact does not constitute a more serious crime; 4. The owner of a vehicle intended for public transport of persons, with whom a person touched by a contagious disease was transported and who, knowing it, continued to use the vehicle for public transport without having disinfected it. to the respective health service. Article 590. -I. It is punishable by a fine of 50 to 2,000 lei: 1. The one who throws before his home or garden, or in the surroundings, or holds in them, things, garbage or any other dirt of nature to harm by their fall or smell, public health; 2. The one who does not bury the dead animals or birds belonging to him and throws them into the yard, on the streets, squares or places virane. II. It is punishable by police prison from 10 days to one month and fine from 500 to 2,000 lei: 1. He who throws in the well, aqueduct, running water or spring, which serve to supply drinking water, an object or dirty substances; 2. The one who sells drinks or altered foods or in non-hygienic conditions or sells raw fruit disrespecting sanitary prescriptions. Article 591. -I. It is punishable by a fine of 50 to 2,000 lei: 1. The one who, taking a bath in public, without a suit, behaves so incit by this offends the sense of public puffs; 2. The one who appears in public in a state of drunkenness that causes scandal, as well as the one who willfully drunk another, either by procuring his drink or by making the prince to drink a certain quantity. II. It is punishable by police prison from 10 days to one month and fine from 500 to 2,000 lei: 1. The carcishoulder that served the alcoholic drink to a person of less than 16 years, or to a person in the manifest drunk state. Article 592. -It is punishable by a fine of 50 to 2,000 lei: 1. The one who so often does not stop the dog or when it is given to the passersby, even if it did not cause them any harm; 2. The one who throws on a person stones or other solid or liquid, dirty, irritating or corrosive things, if the fact does not constitute a more serious crime. Article 593. -It is punishable by a fine of 50 to 2,000 lei, which in public performs acts of cruelty or torture towards animals. It is also considered acts of cruelty or torture if they are publicly enjoyed: 1. Submission of animals to burdens above their powers or excessive fatigue; 2. The need of animals to work for which they are unfit because of their age, disease, infirmities or wounds; 3. Leaving animals infirm, injured or sick; 4. Bataia with non-target; 5. Inteption or urge of animals with sharp tools or tools to stimulate them at work or walking, or to make them stand up when they are fallen, injured or sick; 6. Carriage of birds or other small animals, tied to the feet and hung upside down; 7. The need of animals at games or public performances that carry suffering or cruelty; 8. Animal submission, whether for scientific or didactic purposes, to experiences of a nature to cause mercy or disgust, except for the experiences made in university clinics and scientific institutes, under strict supervision and liability of the institute's teacher or director; 9. Cutting animals on the streets or in other public places by their nature. Article 594. -It is punishable by a fine of 500 to 2,000 lei, which: 1 1. Savarsis any of the acts provided for in paragraphs 1 and 2. 1 1, 2, 4 and 5 of art. 593, without the condition of advertising; 2. Drese animals by barbaric means; 3. Destroy the nests of useful birds. Article 595. -I. It is punishable by a fine of 50 to 2,000 lei: 1. The one who lets out or leaves to run traction animals, burden or horse riding, in places where the public circulates or is stationed; 2. The driver who, when the road, road or street is full of mud or water, does not drive slowly, to keep the pedestrians and sprinkles them; 3. He who, without right, enters the gardens, orchards or vineyards of another and eats from fruit; 4. He who without intention, by any means, causes death or injury to the animals of another; 5. He who, without being authorized, raises from public roads, furrows, pavement, gravel, sand or earth, or that which takes such things from the places that are the property of another; 6. He who, by any means, soils any movable or immovable thing, belonging in everything or in part to another; 7. The one who will throw stones or other things countries or garbage on the houses, on the walls or in the gardens or the surroundings. II. It is punishable by police prison from 10 days to 1 month and fine from 500 to 2,000 lei: 1. The one who manufactures keys or any instruments that may be used at closing or opening and entrusts them to persons other than those who have the right to serve them or sell them to anyone; 2. The one who opens the premises of any kind at the request of a person, without entrusting himself if he is the owner or owner of the place or work; 3. The one who manufactures keys, according to the pattern of wax or otherwise of material, to the order of another person than that which he knows that he has the right or entrusts to another person; 4. The one who refuses, without just reason, to give the aid that he was asked for in case of innec, flood, fire, robbery or any other case of flagrant danger. Article 596. -I. It is punishable by a fine of 500 to 2,000 lei: 1. He who jupoae the bark from the trees, or breaks the crabs of trees, dudes or trees on the property of another, or from public roads; 2. He who throws in the yard, garden, orchard or through another, birds or dead animals or remains of corpses; 3. He who takes the earth, sand or stone from the place strein without the will of the one in law; 4. He who, without invoking the one in law, mows and takes grass or collects dud leaves or any other food materials, or fire, from the place strein, when they are in small quantities that exclude the idea of theft; 5. He who, without invoking, treads with cattle, cars or with his instruments the place of the neighbor, on the occasion of the making of agricultural works on his land; 6. The one who, being from the locality and asking him-is the contest refuses, without reason, to help the gardener or the owner in law, to catch and bring to the communal obor the cattle caught on foreign place; 7. The one who prevents the pursuit or apprehension of the bees of another, during the wheel, or within 48 hours of their rite; 8. He who, making fire on his land, or on the side of the road leaves him unquenchable, at departure, or in the evening, even if by this he would cause no harm to anyone; 9. The one who, without right, treads or vatama with his foot, with his cattle or with any vehicle, the halls of another, as well as that which, without right, introduces cattle to pasture on foreign place. II. It is punishable by police prison from 10 days to one month and fine from 500 to 2,000: 1. The one who, during the agricultural works, puts in any way in a state of not being able to function any kind of agricultural machinery of another; 2. He who does not execute the authority's disposition to restrict the places on which wells are located, when they are deserted or any kind of pits, which put the lives of people or animals in distress; 3. The one who, without right, changes or destroys the signs of stopping roads or signs for showing roads or naming localities, put by those in law; 4. The one who prevents those in law from taking the zalog from those caught on a fact stopped by the law, or prevents them from catching, driving, or closing the cattle without security or found on places that do not belong to the owner of the cattle. Article 604. -In case of limitation by limitation of the criminalization or of the sentences rendered, if the deadlines set by this Code are different from those established by the previous laws, the most favorable provisions shall apply to the following provisions, taking into account the time elapsed under the empire of previous law The interruptive acts of limitation, fulfilled under the previous law, preserves their effects and under the new law. " + Article 2 Place in the penal code after art. 327 327, art. 327 bis, with the following redaction: "" Art. 327 bis. -He who by word of mouth, by writing or by other means of manifestation, attains in every way, on the grounds of race, language, worship or religion, the honor or prestige of a conhabiting nationality or a person, commits the offence of racial swearing and is punishable by correctional imprisonment from 6 months to 2 years and correctional ban from 6 months to 2 years. The same shall be punishable and that which applies or contributes to the application of differential treatments on the basis of race, language, religion or nationality, on the occasion of employment in public or private functions or in the exercise of such functions, as well as in any other circumstances. " + Article 3 The provisions relating to the death penalty of Book IV and Articles 305, 333 and 334 shall be repealed. + Article 4 The provisions laid down by the present law do not apply to lawsuits pending or definitively adjudicated, apart from the provisions relating to art. 236, 250 and 251 penal code, which applies to pending lawsuits. + Article 5 The laws No. 336 of 10 April 1941, 587 of 24 June 1941, 978 of 8 Noemvrie 1941, 785 and 786 of 23 Octomvrie 1942 and 653 of 15 August 1945 are repealed. + Article 6 The provisions of the present law enter into force on March 1, 1948. + Article 7 The Ministry of Justice is authorized to republish the full text of the criminal code, encompassing the amendments and completions. The minimum and maximum of fines provided by the code will be passed in lei stabilized, according to the legal norms in force, provided for in the decision No. 64 of the Commission for economic recovery and monetary stabilization, published in the Official Gazette of 29 Septemvrie 1947, by doubling the fines provided for in the penal code of 18 March 1936. Also, the amounts provided by art will be doubled. 54, para. 7, 64 para. 2, 81 para. 1, 574 paragraph penultimate and 603 para. 2. Provisions Law No. 817 of 18 Noemvrie 1939 , are applicable with regard to the editing and sale of the criminal code. Voted by the Assembly of Deputies, at the meeting of 20 Decemvrie 1947. ----------------