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Law No. 15 Of 21 June 1968 Concerning The Adoption Of The Penal Code Of Romania

Original Language Title:  LEGE nr. 15 din 21 iunie 1968 privind adoptarea Codului penal al României

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LEGE no. 15 15 of 21 June 1968 on the adoption of the Criminal Code
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 79-79 bis of 21 June 1968



EXPOSURE ON GROUNDS The Romanian people, under the leadership of the communist party, achieved results of historical significance in the development of the economy and culture, in forging socialist society and raising the level of material and cultural living. The successful advance of the country on the path of the new order has changed the appearance of our society. Socialist production relations included the entire national economy, the exploitative classes were liquidated, any form of exploitation and oppression of man by man. It pays rich fruits to the party's policy of achieving industrialization, to develop agriculture, to create a multilateral, balanced economy based on the contemporary conquests of science and technique. In the process of building socialism, the strbut unity between the working class, the peasantry and intellectuals, between the Romanian people and the conhabiting nationalities, twinned in the common struggle for flowering the homeland, was realized. Our socialist democracy develops, which ensures the participation of the broad masses of the people in the leadership of society, the development of creative capacities of all citizens, the plenary affirmation in the social life of the personality of each individual The transformations spent in the structure of our society, intense political-educational activity carried out by the party, have led to profound changes in the spiritual profile of working people. New morals are developed, based on the high duties towards society, on the attitude advanced towards work, public property, state laws and the rules of social coexistence. Aware that laws constitute the embodiment of their fundamental interests, the great mass of citizens respects them from conviction, actively participates in combating backward, retrograde manifestations that pose social danger, which contribute to the continuous strengthening of the law order. It is entirely natural that the new realities of the country-economic, social, political and cultural-find their reflection on the plan of law, expression of the will and aspirations of the people to ensure the multilateral progress of the homeland. The Constitution of the Socialist Republic of Romania, the fundamental law of the state, enshrines the historical conquests of the people, the most important rights enjoyed by citizens, creates the necessary order for the country to advance on the path of completion the construction of the new order, the development of socialist democracy. In accordance with the provisions of the Constitution, the entire system of law must agree with the current realities of our society. "Socialist law", stressed Comrade Nicolae Ceausescu at the National Conference of the Party, " must mirror the profound economic and social-political changes that took place in the process of revolution and socialist construction. The rules of law must enshrine and defend the fundamental conquests of our people, ensure the development of public wealth, the exercise of citizens ' rights and freedoms. " As a whole of the rules of law, an important place holds criminal legislation, which, determining the facts constituting crimes and establishing the appropriate penalties for these violations of the law, contributes effectively to the defense and strengthening the conquests obtained by our people, regulating the relations between the individual and society, among the citizens of the country, in the spirit of respecting the principles of socialism, democratic rights and freedoms. The penal code adopted more than 30 years ago includes numerous outdated provisions and, as a whole, despite the changes and additions that have been brought to it in the years, it appears as outdated. Being elaborated in other historical conditions, it no longer corresponded to new realities, contemporary conceptions regarding the appreciation of the criminal character of some facts, the means of preventing and combating them, to the role of punishment as a measure correcting and re-educating offenders, as well as preventing the enjoyment of new crimes. It has thus become necessary to develop a new criminal code that meets the requirements of the current stage of development of the country. The draft of the new penal code was prepared by a collective of specialists from the Ministry of Justice, the Prosecutor General's Office, the Supreme Tribunal, the Ministry of Internal Affairs, the Institute of Legal Research of the Academy, of numerous theoreticians and practitioners of law. The elaboration of the project started from the provisions of the country's Constitution, it was used everything that proved valuable in Romanian legal science and in our judicial practice, the legislation and literature of the the other socialist countries, as well as in other countries, always taking the spotlight on the specific conditions of our country. The draft of the new penal code was presented by the Council of Ministers to the Executive Committee of the Central Committee of the Romanian Communist Party, which examined it and decided to be subject to the debate of specialists, as well as to the broad masses of people of labor, following to be put in the discussion of the Plenara of the Central Committee of the Romanian Communist Party and then submitted to legislate the Great National Assembly. Mirroring the current social realities of the country, the development of socialist democracy, and expressing particular care for the strengthening of legality, the penal code is conceived on the fundamental principle that only the law is that which establishes the facts antisocial acts that constitute crimes, determine the penalties and educational-preventive measures to be applied to persons who have committed such acts. The entire composition of the criminal code seeks to create conditions for no one to be held criminally liable for a deed that the law did not consider a crime at the time of its enjoyment nor to be subjected to the execution of any Unforeseen penalties. It is known that in the past there were abuses, violations of legality and arbitrary interpretations of the law that had as consequences the prosecution and conviction of some people without thorough evidence, thus applying against some citizens measures of a criminal nature not justified by their acts and manifestations. The provisions of the new penal code create a strong guarantee to prevent the enjoyment of such abuses and illegalities, for carrying out all judicial activity in strict compliance with the Constitution, the laws of the country. At the same time, in order for our society to be defended against criminals, the damages they can bring, the regulations contained in the criminal code aim for all those who violate the criminal law to be punished according to their guilt. All this gives a strong expression to the socialist content of the penal code, the role of this important legal instrument in strengthening legality, in promoting the fundamental interests of the socialist society and, at the same time, in ensuring full exercise of citizens ' rights and freedoms. Taking inspiration from the principles of our socialist law, respecting the provisions of the Constitution, the norms contained in the penal code are meant to defend the revolutionary conquests of the people, the social and state order, the sovereignty and independence of the country, the national wealth, the fundamental rights and freedoms of citizens, the whole order of law. Considering that crimes against socialist order, against what our people have conquered through hard and long battles, constitute the most serious crimes towards the people, the penal code provides harsh punishment against those who enjoy. actions against the security of the State or its defence capability. In the conditions of our order, when the economic progress of the country and the lifting of the welfare of all the people depend on the growth and consolidation of socialist property the defense of this property represents a fundamental duty of all Everything that damages the public, state or cooperative property, the fruit of the labor full of dedication and abnegation of our people, strikes in the interests of the working people, of the socialist society. Therefore, giving expression to the defense of these interests, the penal code provides for appropriate punishment against thieves and embezzlers, against those who waste or manifest lack of care for the obstesc wealth. The penal code also contains rules designed to ensure the work, peace and wealth of every citizen, freedoms and citizens ' rights, in order to prevent any abuses and violations of the law. To this end, punishments are established for the acts directed against the life, bodily integrity, freedom and dignity of the person, against the personal wealth of the citizens whose spring is work. The firm guarantee of these rights and freedoms strengthens the sense of safety of every citizen, creates a regime of order in social life, characteristic for a civilized society and also indispensable for free manifestation, multilateral people in all areas of social activity. In our order, the development and consolidation of the family is a concern of great importance of the state, of society as a whole. Family protection, defending the interests of the mother and child, represents a constitutional principle that underlies the entire regulation of family relations and all economic and social measures intended to strengthen this cell the basic of our society. In this spirit was broadened the sphere of facts that can be punished as crimes against the family and the penalties for such violations of the law were tightened. According to the new code, it constitutes a crime of family abandonment not only leaving in bad faith and not fulfilling the obligation of maintenance to family members, but also banishing or leaving them without help. The penal code reflects the care of our human being, the concern both for the defense of legality, and for the re-education of persons who have committed crimes, for their transformation into useful citizens of society, for the prevention of violation the law and the rules of social coexistence. As a reflection of the changes in society, of the principles governing socialist law, the code no longer provides for hard labour for life, hard dungeon and rigorous detention, but establishes a single custodial sentence, namely prison, the maximum term of which is set at 20 years. In the case of dangerous criminals and repeat offenders, who have enjoyed particularly serious crimes, if the court reckons that the 20-year sentence is non-stuffing, it can apply an increase, without exceeding a total of 25 years. At the same time, it is stipulated that the punishment of the fine can no longer be converted Giving expression to the desire to prevent the enjoyment of particularly serious crimes such as crimes against peace and mankind, the betrayal of the homeland, the murder enjoyed by cruelties or on several people, the robbery with particularly serious consequences of Common good, the penal code exceptionally maintains the death penalty. The profound transformations occurred in the economic and social structure of society, the realization of the unity of the entire people, determine important changes and in the characterization of facts that criminal legislation considers crimes. Since the social danger posed by such acts is considerably reduced today, the new penal code restricizes the scope of coercion by criminal sanctions. Thus, numerous acts criminalized in the past as crimes are eliminated from the criminal code, others are declared contraventions, and some of them will no longer be punished by the criminal law when they are enjoyed for the first time. At the same time, the penal code, taking into account the continuous increase of the role of public opinion-the important manifestation of socialist democracy-in compliance with the rules of social coexistence and in educating citizens, provides for new forms of expression the influence of collectivity. Thus, the code regulates the possibility of replacing criminal liability with a liability that attracts either the application of measures of public influence or administrative sanctions. reference of causes to the resolution of the councils, which, under the law, can apply specific measures of public influence: rebuke, rebuke with warning, fine and others. As a consequence of these measures, an important number of cases that so far were solved by the courts, are given in the competence of the public influencing bodies, which once again expresses the important role that the collectivity in defending and strengthening the rule of law. In the criminal code are made clarifications to the notion of crime and its fundamental features, a better systematization is carried out by grouping crimes in relation to the nature of social relations that the criminal law defends, as well as by removing parallelisms and overlaps. New legal institutions were also materialized and the existing institutions were reconsidered, based on a unified conception, based on the principles of socialist law, all of which contributed to the correct interpretation and application of criminal rules in judicial practice. The draft criminal procedure code is being developed, as well as criminal laws of a special nature that will refer to restricted areas of activity. Their training is done on the same principles and in the same spirit in which the penal code is drawn up, strengthening the socialist order, legality, guarantee and defense of democratic rights and freedoms for all citizens of the country. The adoption of these important normative acts will contribute to systematizing and improving our entire legislation. The entire penal code is crossed by the care of man, for its increasing manifestation in the entire social life, to strengthen the legality and ensure the order of law, corresponding to the requirements of the current stage of development of society, of The addition of socialist democracy. The Great National Assembly of the Socialist Republic of Romania adopts this law. PENAL CODE + Part GENERAL + Title I CRIMINAL LAW AND ITS LIMITS OF APPLICATION + Chapter 1 PRELIMINARY PROVISIONS + Article 1 The Criminal Law Defends, against the crimes, the Socialist Republic of Romania, the sovereignty, independence and unity of the state, the socialist property, the person and its rights, as well as the entire law order. + Article 2 The legality of criminalization The law provides which acts constitute crimes, the penalties that apply to criminals and the measures that can be taken in the case of the enjoyment of these facts. + Chapter 2 LAW ENFORCEMENT LIMITS + Section 1 Application of criminal law in space + Article 3 Territoriality of Criminal Law The criminal law applies to crimes committed on the territory of Romania. + Article 4 The Criminal Law The criminal law applies to crimes outside the territory of the country, if the perpetrator is a Romanian citizen or if, not having any citizenship, he is domiciled in the country. + Article 5 The Criminal Law The criminal law applies to crimes committed outside the territory of the country, against the security of the Romanian state, or against the life of a Romanian citizen, or through which a serious injury was brought to the bodily integrity or health of a Romanian citizen, when are enjoyed by a foreign national or a person without citizenship who does not reside in the territory of the country. The setting in motion of the criminal action for the offences provided for in the preceding paragraph shall be made only with the prior authorization of the Prosecutor + Article 6 Universality of Criminal Law The criminal law applies to other crimes than to those provided in art. 5 5 para. 1, enjoyed outside the territory of the country, by a foreign national or by a person without citizenship who does not reside on the territory of the country, if: a) the act is provided as a crime and by the criminal law of the country where it was enjoyed; b) the perpetrator is in the country. For crimes against the interests of the Romanian state or against a Romanian citizen, the offender can also be tried in case his extradition was obtained. The provisions of the preceding paragraphs do not apply if, according to the law of the state in which the offender enjoyed the crime, there is any cause that prevents the setting in motion of criminal action or the continuation of the criminal proceedings or the execution punishment, or when the sentence was executed or is considered as executed. When the punishment has not been executed or has been executed only in part, it shall be done according to the legal provisions regarding the recognition of foreign decisions. + Article 7 Criminal law and international conventions The provisions contained in art. 5 5 and 6 shall apply unless otherwise provided by an international convention. + Article 8 Immunity from jurisdiction The criminal law does not apply to crimes committed by diplomatic representatives of foreign states or other persons who, in accordance with international conventions, are not subject to the criminal jurisdiction of the Romanian state. + Article 9 Extradition Extradition shall be granted or may be requested on the basis of international convention, on the basis of reciprocity and, in the absence thereof, under the law. + Section 2 Application of criminal law in time + Article 10 Criminal law activity The criminal law applies to crimes committed during the time it is in force. + Article 11 Non-activity of criminal law The criminal law does not apply to the facts that, at the time they were enjoyed, were not provided as crimes. + Article 12 Retroactivity of criminal law The criminal law does not apply to the facts enjoyed under the old law, if they are no longer provided by the new law. In this case the execution of penalties, safety measures and educational measures, handed down on the basis of the old law, as well as all the criminal consequences of judicial decisions regarding these facts, cease by the entry into force of new law. The law providing for safety measures or educational measures shall also apply to crimes that have not been definitively tried until the date of entry into force of the new law. + Article 13 More favourable criminal law enforcement If from the enjoyment of the crime to the final judgment of the case one or more criminal laws have intervened, the most favorable law is applied. When the previous law is more favorable, the complimentary penalties that have a correspondent in the new criminal law apply to the content and limits provided by it, and those that are no longer provided for in the new criminal law no longer apply. + Article 14 Compulsory application of the more favourable criminal law in case of final penalties When after the final stay of the conviction decision and until the complete execution of the prison sentence or the fine intervened a law providing for an easier punishment, the penalty imposed, if it exceeds the special maximum provided by the new law for the crime savirsita, it comes down to this maximum. If after the final stay of the death sentence and until its execution has intervened a law providing for the same deed the prison sentence, the death penalty is replaced by the maximum of the prison provided for that offense. If the new law provides instead of the prison sentence only fine, the sentence imposed is replaced by fine, without being able to exceed the special maximum provided for in the new law. Taking into account the executed part of the prison sentence, one can remove in everything or in part the execution of the fine. The complimentary penalties, the safety measures, as well as the unexecuted and unforeseen educational measures in the new law, are no longer executed, and those that have a correspondent in the new law are executed in the content and limits provided by this law. When a provision of the new law refers to definitively applied penalties, account shall be taken, in the case of penalties carried out until the date of its entry into force, of the reduced sentence or replaced according to the provisions of the preceding paragraphs. + Article 15 Optional application of the more favourable criminal law in case of final penalties When after the final stay of the sentencing decision and until the complete execution of the prison sentence, a law that provides for a lighter sentence has intervened, and the sanction imposed is lower than the special maximum provided by the new law, taking into account the offence enjoyed, by the person of the convict, by his conduct after the ruling or during the execution of the sentence and by the time he executed from the sentence, it can be ordered either to maintain or reduce the sentence. The sentence imposed cannot be lowered below the limit that would result from the reduction of this sentence in proportion to the reduction of the special maximum provided for the offence enjoyed. Art. 14 14 para. 5 also applies to the convictions shown in this article, executed until the date of entry into force of the new law, the sentence of the decision reducing by one third. + Article 16 Application of temporary criminal law The temporary criminal law applies to the crime enjoyed during the time it was in force, even if the act was not pursued or judged in that time frame. + Title II CRIME + Chapter 1 GENERAL PROVISIONS + Article 17 Essential features of the crime The crime is the act that presents social danger, enjoyed with guilt and provided by the criminal law. The offence is the sole basis of criminal liability. + Article 18 The social danger of crime The act that presents social danger within the meaning of the criminal law is any action or inaction affecting one of the values shown in art. 1 1 and for sanctioning which a punishment is necessary. + Article 19 Guilt Guilt exists when the act that presents social danger is enjoyed with intent or at fault. 1 1) The fit is savoured with intent when the offender: a. provides for the result of his act, following his production through the enjoyment of that fact; b. provides the result of his act and although he does not follow him, accepts the possibility of his 2 2) The fit is at fault when the offender: a. provides the result of his deed, but does not accept it, reckoning without basis that he will not produce; b. does not provide for the result of his act, although he had to and could foresee The act consisting in an action enjoyed at fault constitutes a crime only when it is expressly provided for in the law. The act consisting in an inaction constitutes a crime whether it is enjoyed with intent, or at fault, except when the law sanctions only its savor with intent. + Chapter 2 TENTATIVE + Article 20 Content of attempted The attempt consists in the execution of the decision to enjoy the crime, execution that was interrupted or did not produce its effect. There is an attempt and if the consumption of the crime was not possible due to the insufficiency or impairment of the means used, or due to the circumstance that during the time the acts of execution were enjoyed, the object was missing from the place Where the perpetrator thought he was. There is no attempt when the impossibility of consuming the crime is due to the way the execution was conceived. + Article 21 Punishment of the attempt The attempt is punishable only when the law expressly provides it. The attempt is sanctioned with a sentence between the half of the minimum and the half of the maximum provided by law for the crime consumed, without the minimum being lower than the general minimum of the sentence. If the punishment provided by law is death, the prison sentence of 10 to 20 years applies. + Article 22 Desisting and preventing the result It is defended by the punishment of the perpetrator who desisted or prevented it before the discovery of the act occurred. If the acts fulfilled until the termination or prevention of the result constitute another crime, the punishment for that crime shall be applied. + Chapter 3 SHAREHOLDING + Article 23 Participants Participants are the persons who contribute to the enjoyment of a fact provided by the criminal law as authors, instigators or accomplices. + Article 24 Author Author is the person who directly savor the act provided by the criminal law. + Article 25 Instigator Instigator is the person who, with intent, causes another person to enjoy a deed provided by the criminal law. + Article 26 Accomplice Complicit is the person who, with intent, facilitates or helps in any way to the enjoyment of a deed provided by the criminal law. It is also complicit the person who promises, before or during the enjoyment of the deed, that he will conceal the goods from this or that he will favor the perpetrator, even if after the savor of the deed the promise is not fulfilled. + Article 27 The punishment in case of participation The Instigator and the accomplice to a deed provided by the criminal law committed with intent shall be sanctioned with the punishment provided by the law for the author. When establishing the sentence, the contribution of each to the enjoyment of the crime, as well as the provisions of art. 72. + Article 28 Personal and real circumstances The circumstances regarding the person of a participant do not affect the others. The circumstances regarding the act shall be reflected on the participants, only in so far as they have known or provided them. + Article 29 Instigation not followed by enforcement The acts of instigation not followed by the execution of the deed, as well as the acts of instigation followed by the desistance of the author or its prevention of the result, are sanctioned with a punishment between the special minimum of the sentence for the offence to which the general minimum was instigated. If the punishment provided by law is death, the prison sentence of 2 to 10 years applies. The documents shown in the previous paragraph shall not be sanctioned, if the punishment provided by law for the offence to which it was instigated is 2 years or less, unless the acts performed by the author until the moment of desistation constitute another the act provided by the criminal law + Article 30 Preventing the crime of crime The participant shall not be punished if in the course of execution, but before the discovery of the act, it prevents its consumption. If the acts enjoyed until the moment of prevention constitute another act provided by the criminal law, the participant shall apply the punishment for this act. + Article 31 Unfit holding Determining, facilitating or helping in any way, with intent, to the enjoyment of fault by another person, of a fact provided by the criminal law, is sanctioned with the punishment that the law provides for the act committed with intent. Determining, facilitating or helping in any way, with intent, to the enjoyment of a deed provided by the criminal law, by a person who commits that act without guilt, is sanctioned with the punishment provided by law for that crime. Art. 28 28-30 shall apply accordingly. + Chapter 4 PLURALITY OF CRIMES + Article 32 Plurality forms The plurality of crimes constitutes, as the case may be, contest of crimes or relapse + Article 33 Contest of crimes Contest of crimes exists: a) when two or more crimes were enjoyed by the same person, before being definitively convicted of any of them. There is a contest even if one of the offences was committed for the enjoyment or concealment of another crime; b) when an action or inaction, enjoyed by the same person, due to the circumstances in which he took place and the consequences he produced, meets the elements of several crimes. + Article 34 Main punishment in case of contest of crimes In the case of contest of offences, the punishment for each offence is established, and of these the punishment is applied as follows: a) when only prison sentences have been established, the heaviest punishment is applied, which can be increased up to its special maximum, and when this maximum is not indestulatory, an increase can be added up to 3 years; b) when only fines have been established, the highest fine is applied, which can be increased up to its special maximum, and if this maximum is not indestulatory, an increase may be added up to one fourth of that maximum; c) when a prison sentence and a fine penalty have been established, the prison sentence is applied, to which the fine can be added, in whole or in part; d) when several prison sentences have been established and several penalties with a fine, the prison sentence is applied according to the provision of letter a, to which the fine can be added according to the provision of lit. b. The increase provided in lit. a can increase up to 5 years, if one of the crimes in the contest is a crime against the security of the state, against the public property, or a crime of murder, or a crime against peace and mankind, or a crime by which it was produced a damage to the national economy. The application of the provisions of the preceding paragraphs may not exceed the total penalties laid down by the court for competing offences. + Article 35 Complimentary punishment and safety measures in case of contest of offences If a complimentary sentence has also been established for one of the competing offences, it applies alongside the prison sentence. If several complimentary punishments have been established of a different nature, or even of the same nature but with different content, they apply alongside the prison sentence. If several complimentary punishments of the same nature and with the same content have been established, the hardest of them shall apply. The provisions of the preceding paragraph shall also apply to the penalty of partial confiscation of wealth. Safety measures of a particular nature, taken in the case of competing offences, shall be cumulated. + Article 36 Merging penalties for competing offences If the offender definitively convicted is subsequently tried for a competition offence, the provisions of art. 34 34 and 35. Art. 34 and 35 shall also apply if, after a decision of conviction has remained final, it is found that the convicted one had also suffered another final conviction for a competing offence. If the offender has executed in all or in part the punishment imposed by the previous decision, what has been executed shall be deducted from the duration of the sentence applied for the competing offences. The provisions relating to the application of the sentence in the event of a contest of offences shall also apply if the death penalty conviction has been commuted or replaced by the prison sentence. + Article 37 Relapse Relapse exists in the following cases: a) when after the final stay of a sentence of imprisonment of more than 6 months, the convicted person shall again enjoy a crime before the commencement of the execution of the sentence, during its execution or in a state of escape; b) when after the execution of a prison sentence of more than 6 months, after the total pardon or the rest of the sentence, or after the limitation period of the execution of such a sentence, the convicted one again savirates a crime; c) when after the conviction of at least three prison sentences up to 6 months or after execution, after the total pardon or the rest of the sentence, or after the execution of the execution of at least three such punishments, the convicted one again offense. To establish the state of relapse in the cases provided in lett. a and b can also be taken into account by the decision of conviction handed down abroad, for an act provided for and by the Romanian law, if the conviction decision was recognized according to the provisions of the law. + Article 38 Convictions that do not attract the state of relapse In determining the state of relapse, the sentencing decisions regarding the following shall not be taken into account: a) crimes committed during the minority; b) amnesty offences; c) facts that are no longer provided as criminal law offences. It is also not taken into account the convictions for which rehabilitation has occurred, or in respect of which the term of rehabilitation has been fulfilled. + Article 39 Punishment in case of relapse In the case of relapse provided in art. 37 letter a, the sentence established for the subsequent offence and the punishment imposed for the previous offence shall be merged according to the provisions of art. 34 34 and 35. The increase provided in art. 34 lit. a can increase up to 5 years. If the previous sentence was carried out in part, the merger is made between the punishment that is left to be executed and the punishment imposed for the crime subsequently enjoyed. In the case of enjoying a crime after the escape, the previous punishment means the punishment that is executed, combined with the punishment imposed for the escape. In the case of relapse provided in art. 37 37 lit. b, a sentence may be imposed up to the special maximum. If the special maximum is indestulatory, in the case of the prison an increase can be added up to 5 years, and in the case of the fine a sentence can be applied up to the general maximum of the fine, or imprisonment from 15 days to 3 months. In the case of relapse provided in art. 37 lit. c the provisions of the preceding paragraphs shall apply accordingly. If after the final stay of the conviction decision and before the punishment has been executed or considered as executed, it is discovered that the convicted one is in a state of relapse, the court applies the provisions of par. 1 in the case of relapse provided in art. 37 lit. a and the provisions of par. 4 in the case of relapse provided in art. 37 lit. b. The provisions of the preceding paragraph shall also apply where the death penalty has been commuted or replaced by the prison sentence. The bonuses provided for in this article can be increased up to 7 years, if the crime subsequently enjoyed is a crime against the security of the state, against the public property, or a crime of murder, or a crime against peace and mankind, or a offence by which the importance of the national economy has occurred. + Article 40 Punishment in some cases when there is no relapse When after the final conviction the convicted person again savirates a crime, before the start of the execution of the sentence, during its execution or in a state of escape, and the conditions provided by law for the state of relapse are not met, the punishment applies according to the rules for the crime contest. + Article 41 Unit of continued and complex crime In the case of continued crime and complex crime there is no plurality of crimes. The crime is continued when a person is enjoying at different intervals, but in carrying out the same resolution, actions or inactions that present, each in part, the content of the same crime. The crime is complex when in its content it enters, as an element or as an aggravated circumstance, an action or inaction that constitutes by itself a deed provided by the criminal law. + Article 42 Penalty for continued offence The continued crime is sanctioned with the punishment provided by the law for the offense, to which an increase can be added according to the provisions of art. 34. + Article 43 Recalculation of punishment for continued or complex crime If the offender definitively convicted of a continued or complex offence is subsequently tried for other actions or inactions that enter the content of the same offence, taking into account the offence enjoyed throughout it, the establish an appropriate sentence, which may not be easier than the previous one. + Chapter 5 CAUSES WHICH REMOVE THE CRIMINAL CHARACTER OF THE ACT + Article 44 Self defense It is not a crime of the act provided by the criminal law, enjoyed in a state of legitimate defense It is in the state of self-defense that savits the act to remove a material attack, directly, immediately and unjust, directed against it, of another or against an obstesc interest, and that seriously endangers the person or the rights of the Attacked or obstesc interest. It is also in self-defense and that because of the disorder or fear has exceeded the limits of a defense proportional to the gravity of the danger and the circumstances in which the attack occurred. + Article 45 State of necessity It is not a criminal offence provided by the criminal law, enjoyed in a state of necessity. It is in a state of necessity that savor the deed to save from an imminent danger and that could not be removed otherwise, life, bodily integrity or his health, another's or an important asset of his or another's or an interest obstesc. It is not in a state of necessity the person who when he enjoyed the act realized that he causes manifestly more serious consequences than those that could have occurred if the danger was not removed. + Article 46 Physical coercion and moral constraint It does not constitute the crime of the act provided by the criminal law, enjoyed because of a physical constraint that the perpetrator could not resist. It also does not constitute a crime the act provided by the criminal law, enjoyed because of a moral constraint, exercised by threat with a serious danger to the person of the perpetrator or another and who could not be removed in another way. + Article 47 Case fortuit It is not a crime of the act provided by the criminal law, the result of which is the consequence of a circumstance that could not be + Article 48 Irresponsibility It does not constitute a crime the act provided by the criminal law, if the perpetrator, at the time of the enjoyment of the act, either because of mental alienation or from other causes, could not realize his actions or inactions, or could not be master of them. + Article 49 Betia It is not a crime of the act provided by the criminal law, if the perpetrator, at the time of the act, was found, due to circumstances independent of his will, in a state of complete drunkenness produced by alcohol or other substances. The state of full voluntary drunkenness produced by alcohol or other substances does not remove the criminal character of the act. It may, where appropriate, constitute a mitigating or aggravating circumstance. + Article 50 Minority of the perpetrator It does not constitute a crime the act provided by the criminal law, enjoyed by a minor who at the time of its commission did not meet the legal conditions to respond criminally. + Article 51 The error actually It is not a criminal offence provided by the criminal law, when the perpetrator, at the time of its enjoyment, did not know the existence of a state, situation or circumstances on which the criminal nature of the act depends It does not constitute an aggravating circumstance the circumstance that the offender did not know at the time of the offence. Provisions of paragraph 1 and 2 also apply to the facts enjoyed at the fault that the criminal law punishes, only if the ignorance of the condition, situation or circumstance is not itself the result of the fault. Ignorance or misknowledge of criminal law does not remove the criminal character of the act. + Title III PENALTIES + Chapter 1 GENERAL PROVISIONS + Article 52 Punishment and its purpose Punishment is a measure of coercion and a means of reeducating the convict. The purpose of punishment is to prevent the enjoyment of new crimes. The execution of the sentence aims to form a fair attitude towards work, to the order of law and to the rules of social coexistence. The execution of the sentence must not cause physical suffering nor demean the person of the convict. + Chapter 2 CATEGORIES AND GENERAL LIMITS OF PENALTIES + Article 53 Slices of Punishment The penalties are main, compliments and accessories. 1) The main points are: a. imprisonment from 15 days to 25 years; b. fine from 500 to 5,000 lei. 2) The compliments are: a. prohibition of rights from one to 10 years; b. military degradation; c. confiscation of wealth, partial or total. 3) The accessory punishment is the prohibition of certain rights provided by law. + Article 54 Death penalty That the exceptional measure for the most serious crimes applies, in the cases and conditions provided by law, the death penalty. The death penalty does not apply to the offender who had not turned 18 since the date of the offence. Also, the death penalty does not apply to the pregnant woman or who has a child aged up to 3 years at the time of the crime or delivery of the decision; in these cases the prison sentence is applied for 25 years. When the law states that the death penalty cannot be imposed, it is pronounced under the main punishment of the prison and the punishment of confiscation of wealth, if provided by law for the crime of saviour, as well as the punishment of prohibiting certain rights for its maximum duration. + Article 55 Replacing the death penalty The death penalty cannot be executed if convicted is pregnant or has a child aged up to 3 years; in these cases the death penalty is replaced by imprisonment for 25 years. The death penalty is replaced by the prison sentence for 25 years, if it was not executed within 2 years in the case when the convict was present at trial, and for the one who was not present at trial or who absconded from prison. execution, within 2 years from the date when he surrendered or was caught, or 7 years from the date when the conviction decision remained final. When the final death penalty is replaced by the prison sentence, the punishment of confiscation is maintained. The court obligingly applies the prohibition of the prohibition of rights during its maximum duration. + Chapter 3 MAIN PENALTIES + Section 1 Prison + Article 56 General regime of execution of sentence The regime of execution of the prison sentence is based on the obligation of the convicts to provide useful work, if they are fit for this, on the educational action to be carried out against the convicts, on their compliance with the labor discipline and the inner order of the places of possession, as well as the stimulation and reward of the arousing ones in work, disciplined and who give thorough evidence of correction. All these means must be used in such a way that they lead to the re-education of the condemned. After the age of 60 for men and 55 years for women, convicts do not have an obligation to work during the execution of their sentence; they can be admitted to work if they ask for it. + Article 57 Holding regime The execution of the prison sentence is made, according to the provisions of the law on the execution of penalties, in specific places for Women sentenced to prison sentence execute this sentence separately from male convicts. Minors sentenced to prison sentence serve the sentence separately from major convicts or in special holding places, assuring them to continue the compulsory general education and to equip a suitable professional training. with their skills. + Article 58 Working arrangements The work performed by the convict is remunerated, except for the household work necessary for the place of possession. By the law on the execution of penalties, the cases in which the latter work are remunerated are established. The norms, the working time and the remuneration of the convicts ' work are those established by law From the remuneration of the work of the convict a party returns to him and the other party returns to the administration of the holding These parties, as well as the manner of their use shall be established by the law on the execution of penalties. + Article 59 Conditional release Having executed at least half the length of the sentence in the prison case that does not exceed 10 years, or at least two thirds in the prison case of more than 10 years, the convict who is arousing in work, disciplined and gives thorough evidence of straightening, taking into account its criminal history, can be conditionally released before the full execution of the sentence. In the calculation of the punishment fractions provided in par. 1 account is taken of the part of the sentence that can be considered, according to the law, as executed on the basis of the work performed. In this case, however, conditional release cannot be granted before the effective execution of at least one third of the term of the sentence when it does not exceed 10 years and at least half when the sentence is more than 10 years. When the convict executes several prison sentences that do not merge, the sentences of punishment shown in par. 1 shall be counted against the total penalties. In application of the provisions of the preceding paragraphs, the duration of the sentence of the convict shall be considered. + Article 60 Conditional discharge in special cases In the case of convictions for crimes against state security, against public wealth, or for the crime of murder, or for crimes against peace and mankind, or for crimes by which an important damage to the economy occurred. national, conditional release provided for in art. 59 59 para. 1 may be granted only after the convict has executed at least two thirds of the duration of the sentence if it does not exceed 10 years, or at least three quarters in the case of imprisonment of imprisonment of more than 10 years. In the case of convictions provided in par. 1, if the convict benefits from reducing the sentence of punishment according to art. 59 59 para. 2 2, conditional release may not be granted before the effective execution of at least half of the term of the sentence when it does not exceed 10 years, or two thirds when the sentence is more than 10 years. The convict who due to health or other causes has never been used at work or is no longer used, can be conditionally released after the execution of the sentence sentences shown in art. 59 or, as the case may be, in paragraph 1 1 and 2 of this Article, if it gives thorough evidence of discipline and correction. Those convicted during the minority when they reach the age of 18, as well as convictions past the age of 60 for men and 55 years for women, can be conditionally released after serving a fourth of the sentence in the case. prison not exceeding 10 years or a third in the case of imprisonment of more than 10 years, if they meet the other conditions laid down in art. 59 59 para. 1. In the calculation of the fraction of one-fourth or one third, account shall be taken of the part of the sentence considered, according to the law, as executed on the basis of the work Art. 59 59 para. 3 3 and 4 shall apply accordingly. + Article 61 Effects of conditional release The punishment is considered to be carried out if within the time period from the release to the end of the term of the sentence, the convicted one again did not enjoy a crime. If in the same period the liberate has again committed an offence, the court, taking into account its gravity, may order either the maintenance of the conditional release or the revocation. In the latter case, the sentence established for the crime subsequently enjoyed and the rest of the sentence remaining to be executed from the previous sentence shall be merged, being able to apply an increase up to 5 years. Revocation is mandatory if the act enjoyed is a crime against the security of the state, against the public property, or a crime of murder, or a crime against peace and mankind, or a crime by which a damage occurred. importance of national economy + Article 62 Execution of sentence in a military prison The execution of the prison sentence not exceeding 2 years, by the military within the period, shall be carried out in a disciplinary military unit in the cases provided by law, as well as in cases when the court, taking into account the circumstances of the case and the person of the convict, orders it. If the convicted military executed half the duration of the sentence and gave thorough evidence of correction, the part of the duration of the sentence remaining to be executed is reduced by a third, and if particularly highlighted, the reduction may exceed one third. The third, the whole sentence. If during the execution of the sentence the convicted military becomes unfit of service, it is conditionally released If during the execution of the sentence the convicted military relishes the crime again, the court that pronounces the conviction for this crime makes, as the case may be, 39 39 para. 1 1 and 2 or art. 40. The sentence thus established shall be executed in a place of possession. After serving the sentence according to para. 1-3 or after full pardon or after the pardon of the rest of the sentence, the convicted one is rehabilitated by law. The provisions of the preceding paragraphs are also applicable to those who have become military within the period after the final stay of the sentencing decision. + Section 2 Fine + Article 63 Establishment of fines The penalty of the fine lies in the amount of money the offender is sentenced to pay. Whenever the law stipulates that a crime is punishable by a fine, without showing its limits, its special minimum is 1,000 lei, and the special maximum of 4,000 lei. In case of application of the causes of mitigation or aggravation of penalties, the fine may not exceed the general limits shown in art. 53 53 section 1 1 letter b. The fine shall be determined taking into account the provisions of art. 72, however, without putting the offender in a position not to be able to fulfill his duties regarding the maintenance, growth, teaching and professional training of persons to whom he has these legal obligations. + Chapter 4 COMPLIMENTARY PENALTIES AND PENALTIES + Section 1 Compliments of the + Article 64 Prohibition of rights The complimentary punishment of the prohibition of rights is the prohibition of one or some of the following rights: a) the right to choose and to be elected to the state power bodies and elective state or public functions; b) the right to occupy a function involving the exercise of state authority; c) the right to occupy a position or to exercise a profession of the nature of which the convict was used for the enjoyment of the crime; d) parental rights; e) the right to be guardian or curator. Prohibition of the rights referred to in b can only pronounce by the prohibition of the rights provided for in letter a, unless the law has otherwise. + Article 65 Application of the prohibition of rights The complimentary punishment of the prohibition of rights may be imposed, if the main sentence established is imprisonment of at least 2 years and the court finds that, to the nature and gravity of the crime, the circumstances of the case and the person offender, this punishment is necessary. The application of the prohibition of rights is mandatory when the law provides for this punishment. Condition shown in para. 1 1 the amount of the main sentence must also be fulfilled if the application of the sentence provided for in that paragraph is compulsory. + Article 66 Execution of the prohibition of rights The execution of the sentence prohibition of certain rights begins after the execution of the prison sentence, after the total pardon or the rest of the sentence, or after the prescription of the execution + Article 67 Military degradation The complimentary punishment of military degradation lies in the loss of the degree and the right to wear the uniform. Military degradation necessarily applies to military and reserve convicts, if the established main punishment is imprisonment of more than 10 years. Military degradation can be applied to military convicts and reservists for crimes committed with intent, if the main sentence established is at least 5 years and no more than 10 years. + Article 68 Partial confiscation and total confiscation of wealth The complimentary punishment of partial confiscation of wealth consists in the passage into state property of one or more property of the convict, namely determined by the sentencing decision. Partial confiscation of wealth shall apply on a voluntary basis and only in the case of offences for which it is provided for in the special part. The penalty of total confiscation of wealth is mandatory and applies in the specific cases provided by law. The assets of the convict are understood both the assets that were found in his patrimony at the time of the crime, as well as the goods entered in his patrimony until the date of the final stay of the sentencing decision. The confiscation penalty applies even if at the time of delivery of the decision the property belonging to the convict is not known and which could be confiscated; in this case, if partial confiscation of the estate is applied, its extent is determined by fixing a quota-parts. + Article 69 Effects of wealth confiscation The confiscated property passes into the patrimony of the state from the moment of the final stay of the conviction decision, without prejudice to the real tasks that encumbered them, as well as to other rights of any nature arising from the obligations of the convicted, born before the start of the prosecution or even after the start of the prosecution if they arise from illicit acts, or are the following of acts approved by the prosecution bodies or by the courts. The actual rights and obligations laid down in the preceding paragraph shall be liquidated under the conditions laid down + Article 70 Goods exempted from confiscation The goods necessary for the household use or personal use of the convict and his family shall not be confiscated, the goods serving to exercise the profession of the convict or his family members, as well as the goods which are of strict need to ensure his or her family's livelihood. The determination of these goods is by law. + Section 2 Accessory penalties + Article 71 Content and execution of accessory punishment The accessory punishment consists in the prohibition of all rights provided in art. 64. The sentence of the prison sentence shall entail the prohibition of the rights shown in the preceding paragraph from the moment when the conviction decision remained final and until the execution of the sentence, until the total pardon or the the rest of the sentence, or until the limitation period of the execution of the sentence. + Chapter 5 INDIVIDUALISATION OF PENALTIES + Section 1 General provisions + Article 72 General criteria for individualisation When determining and applying the penalties, account shall be taken of the provisions of the general part of this code, the limits of punishment fixed in the special part, the degree of social danger of the crime, the person of the offender and the circumstances that mitigate or aggravate criminal liability. When for the crime the law provides for alternative penalties, the provisions of the previous paragraph shall be taken into account for the choice of one of the alternative penalties, as well as for its proportionalization. + Section 2 Mitigating and aggravating circumstances + Article 73 Mitigating circumstances The following circumstances constitute mitigating circumstances: a) exceeding the limits of the id or the state of necessity; b) the enjoyment of the crime under the dominion of a strong disorder or emotion, determined by a challenge from the injured person, produced by violence, through a serious touch of the dignity of the person or through another serious illicit action. + Article 74 Circumstances which may constitute mitigating circumstances The following circumstances may be considered as mitigating circumstances: a) good conduct of the offender before the crime; b) the persistence filed by the offender to remove the result of the crime or to repair the damage caused; c) the attitude of the offender after the crime, resulting from his presentation to the authority, the sincere behavior during the process, the facilitation of the discovery or the arrest of the participants. The circumstances listed in this Article are exemplifying. + Article 75 Aggravating circumstances The following circumstances constitute aggravating circumstances: a) the enjoyment of the act of three or more persons together; b) the enjoyment of the crime by acts of cruelty or by methods or means that present public danger; c) the enjoyment of the crime by a major offender, if it was committed together with a minor; d) the enjoyment of the crime for despicable reasons; e) the enjoyment of the crime in a state of drunkenness caused in order to commit the act; f) the enjoyment of the crime by a person who took advantage of the situation occasioned by a calamity. The court may retain as aggravating circumstances and other circumstances that print the deed a serious character. + Article 76 Effects of mitigating circumstances Where there are mitigating circumstances, the main penalty shall be reduced or changed as follows: a) when the special minor of the prison sentence is 10 years or more, the sentence is reduced below the special minimum, but not below 3 years; b) when the special minimum of the prison sentence is 5 years or more, the sentence is reduced below the special minimum, but not below one year; c) when the special minimum of the prison sentence is 3 years or higher, the sentence is reduced below the special minimum, but not below 3 months; d) when the special minimum of the prison sentence is one year or more, the sentence is reduced below this minimum, up to the general minimum; e) when the special minimum of the prison sentence is 3 months or higher, the sentence is reduced below this minimum, until the general minimum, or the fine may be imposed that cannot be less than 1,000 lei, and when the special minimum is less than 3 months a fine that cannot be less than 700 lei; f) when the punishment provided by the law is fine, it falls below its special minimum, being reduced to the general minimum. In the case of crimes against the security of the state, against the public property, or of the crime of murder, or of crimes against peace and mankind, or of the crimes by which an important damage occurred to the national economy, if Notes that there are mitigating circumstances, the prison sentence can be reduced to one-third of the special minimum. When there are mitigating circumstances, the custodial sentence of rights provided by law for the offence can be removed, and instead of the complimentary punishment of the total confiscation of wealth, partial confiscation is applied. + Article 77 Mitigating circumstances in the case of life sentence When for the crime the law provides for the death penalty, if there are mitigating circumstances the prison sentence of 10 to 20 years applies. + Article 78 Effects of aggravating circumstances If there are aggravating circumstances, a sentence may be imposed up to the special maximum. If the special maximum is indestulatory, in the case of the prison a spore can be added up to 3 years, which cannot exceed a third, of this maximum, and in the case of the fine a sentence can be applied up to the general maximum of the fine or prison from 15 15 days at 3 months. The increase provided in the previous paragraph is up to 5 years in the case of crimes against state security, against the public property, or the crime of murder, or in the case of crimes against peace and mankind, or in the case of crimes by which has brought an important damage to the national economy. + Article 79 Indication of circumstances Any circumstance retained as a mitigating circumstance or as an aggravating circumstance must be shown in the decision. + Article 80 Competition between aggravation causes and causes of mitigation In the event of a contest between the causes of aggravation and the causes of mitigation, the punishment shall be determined taking into account the aggravating circumstances, the mitigating circumstances and the state of relapse. In case of competition between aggravating and mitigating circumstances, lowering the sentence below the special minimum is not mandatory. In the case of the concomitant application of the provisions on aggravating, relapse and contest of crimes, the sentence may not exceed 20 years, if the maximum special for each offence is 10 years or less, and 25 years if the special maximum for at least one of the offences is more than 10 years. + Section 3 Conditional suspension of execution of sentence + Article 81 Conditions for the application of the conditional suspension The court may order the conditional suspension of the execution of the sentence for a certain duration, if the following conditions are met a) the sentence imposed is imprisonment of no more than 2 years or fine, and for the crimes against the obstesc property the sentence imposed is no more than one year; b) the offender has not previously been sentenced to the prison sentence, unless the conviction enters any of the cases provided for in art. 38 38; c) it is assessed that the purpose of the sentence can be achieved without its execution. The conditional suspension of the execution of the sentence can also be granted in case of contest of crimes, if the sentence imposed is imprisonment for no more than one year and the conditions provided in par. 1 lit. b and c. If one of the facts in the contest is a crime against the public property, the suspension may be granted if the sentence imposed is imprisonment of no more than 6 months and the conditions provided in par. 1 lit. b and c. In the case of conviction for a crime by which a damage occurred to the public property, the court may order the conditional suspension of the execution of the sentence only if the damage was fully repaired until the decision. The conditional suspension of the execution of the sentence does not entail the suspension of the execution of the safety measures and civil obligations provided for in the The conditional suspension of the execution of the sentence + Article 82 Test time The duration of the conditional suspension of the execution of the sentence constitutes a trial term for the convict and consists of the amount of the sentence of the prison applied, plus a period of time of 2 years. If the sentence of which the execution has been suspended is fine, the trial period shall be one year. The test period shall be counted from the date on which the decision on the conditional suspension of the execution of the sentence has remained final. + Article 83 Revocation in case of a crime If in the course of the trial term the convicted relished a crime again, for which a final conviction was handed out even after the expiry of this term, the court revokes the conditional suspension, disputing the execution entirely of punishment, which does not count with the punishment imposed for the new offence. The revocation of the suspension of the sentence does not take place, however, if the crime subsequently enjoyed was discovered after the expiry of the trial If the subsequent crime is committed at fault, the conditional suspension of the execution of the sentence can be applied even if the offender was previously convicted with the conditional suspension of the execution of the sentence. In this case there is no longer the revocation of the first suspension. When establishing the sentence for the offence enjoyed after the final stay of the suspension decision no longer applies the increase provided by law for relapse. + Article 84 Revocation in the event of non-performance If until the end of the trial the convict has not fulfilled the civil obligations established by the conviction decision, the court may order the revocation of the suspension of the execution of the sentence, unless the convicted one proves that he did not had the ability to fulfil those obligations. + Article 85 Cancellation of suspension for offences previously enjoyed If it is discovered that the one convicted may savirsise a crime before the ruling ordering the suspension or until his final stay, for which the prison sentence was imposed even after the expiry of the term test, the conditional suspension of the execution of the sentence shall be cancelled, applying, as the case may be, the provisions regarding the contest of offences or The cancellation of the suspension of the execution of the sentence does not take place, if the crime that could have attracted the cancellation was discovered after the expiry In the cases provided in par. 1, if the punishment resulting from the merger does not exceed one year, the court shall apply the provisions of art. 81 81 para. 2. If the conditional suspension of the execution of the sentence is ordered, the trial period shall be calculated from the date of the final stay of the decision by which the conditional suspension of the execution of the sentence was previously ruled. + Article 86 Rehabilitation in case of conditional suspension of execution of sentence If the convict did not again enjoy a crime within the trial period, nor did the revocation of the conditional suspension of the execution of the sentence on the basis of art. 83 and 84, he is rehabilitated by law. + Section 4 Calculation of penalties + Article 87 Execution time The duration of the execution of the prison sentence shall be counted from the day on which the convict begins to execute the final sentence of conviction. The day when the execution of the sentence begins and the day on which they cease to be counted in the duration of The time in which the convict, in the course of the execution of his sentence, is sick in the hospital, enters the duration of execution, unless he willfully caused his illness, and this circumstance is found during the execution of his sentence. + Article 88 Computation of detention and preventive arrest The time of detention and preventive arrest is decreased during the sentence of the prison sentence. The decrease is also made when the convict was pursued or tried, at the same time separately, for several competing offences, even if he was removed from prosecution, the prosecution was stopped or he was acquitted or it was stopped. criminal trial for the act that prompted detention or pre-trial detention. The decrease in detention and preventive arrest is also made in case of a fine conviction, by removing in everything or in part the execution of the fine. + Article 89 Computation of the deprivation of liberty executed outside the country In the case of crimes committed under the conditions of art. 4, 5 or 6, the part of the sentence as well as the detention and pre-trial detention executed outside the territory of the country shall be deducted from the duration of the sentence applied for + Title IV REPLACEMENT OF CRIMINAL LIABILITY + Article 90 Replacement forms Criminal liability can be replaced by liability that attracts either the application of a form of public influence or an administrative penalty that applies to the court. + Article 91 Forms of public influence In case of replacement of criminal liability, the forms of public influence are carried out by: a) direct resolution of certain cases by the public influencing body from the organizations provided in art. 145 145; b) sending the case to an organization from those provided in art. 145, in order to take a measure of public influence; c) entrusting the perpetrator on the guarantee of an organization from those provided in art. 145 145. The organization to which the case is sent, the competent body to take measures of public influence, the measures of public influence, as well as the persons exempted from the competence of this organ, are established by law. + Article 92 Administrative penalties The administrative sanctions that the court applies in case of replacement of criminal liability are: a) reprimand; b) reprimand with warning; c) fine from 100 to 1,000 lei. + Article 93 Direct resolution of the case by the public influencing body The replacement of criminal liability by direct resolution of the case by the public influencing body is made in the case of crimes sanctioned by law with the prison sentence of no more than 6 months, for which the criminal action is set in motion at The prior complaint of the injured person and the appeasement procedure is mandatory, if the reconciliation of the parties has not been reached and the injured person asks to take against the perpetrator measures of public influence by this organ. + Article 94 Replacement of criminal liability by the court When the case was not resolved by the public influencing body and the injured person appealed to the court, this, if it finds out of the perpetrator's attitude after the crime that he regretted the act and that he had filed repairs the damage caused by the crime, can replace criminal liability, applying one of the administrative sanctions provided in art. 92. + Article 95 Sending the case to an organization Sending the case to an organization from those provided in art. 145 may be ordered by the prosecutor in the prosecution phase or by the court, in the case of crimes for which the law provides for the prison sentence of no more than 6 months and for which the appeasement procedure is not mandatory, if from the attitude of the perpetrator after the savor of the crime it follows that he regrets the act and that he filed arousing to repair the damage caused by the crime. In the case provided for in the previous paragraph, the organization sends the cause of the obsteasca influence organ, which will take on the perpetrator a measure of influence, likely to contribute to its education. If the perpetrator is a person exempted from the competence of the public influencing body according to the provisions of art. 91 91 para. 2, the court disputing the replacement of criminal liability, will apply the sanctions itself according to the provisions of art. 94. + Article 96 Entrustment of the perpetrator The custody of the perpetrator on the guarantee can be ordered for one year, by the prosecutor or by the court, in the case of crimes for which the law provides for the prison sentence of no more than 6 months, if the following are fulfilled conditions: a) the act, in its concrete content and in the circumstances in which it was enjoyed, presents a degree of reduced social danger and did not produce serious consequences; b) of the past and present behavior of the perpetrator results in sufficient grounds that he may be directed without having a punishment. The assurance on the guarantee may be ordered only at the request of the organization to which the perpetrator belongs, if the act was enjoyed at work or in the exercise of his duties. In the other cases, the warranty may also be ordered at the request of the organization, if it is established that it is in a position to supervise the conduct of the perpetrator. The request for custody shall be made only on the basis of the decision taken by the general meeting of the employees or members of the organization. The General Assembly, deciding that it is appropriate to ask for the guarantee, has on the measures to be taken in order to straighten the perpetrator and designate the collective that will be taken care of to carry out the measures Taken. If the perpetrator asks, the criminal trial continues. The perpetrator entrusted on the guarantee must have a good conduct, show the diligence at work and comply with the measures that the organization has taken in order to justify it. + Article 97 Revocation of the guarantee The assurance on the guarantee shall be revoked if, within the term of custody, the organization, finding that the perpetrator does not show correction, gives up the taking on the guarantee. The assurance on the guarantee can be revoked and if within the term of entrustment the perpetrator is convicted of another crime or if it is discovered that he was previously convicted. + Article 98 Replacement in the event of a plurality of offenders or offences In case of participation, the replacement of criminal liability may take place only for those perpetrators to whom the conditions laid down in this title are fulfilled. The replacement of criminal liability can also be ordered in the case of the contest of crimes, if the conditions for replacement of criminal liability are met for each offence in the contest. + Title V MINORITY + Article 99 Limits of criminal liability The minor who did not turn 14 does not face criminal charges. The minor who is between 14 and 16 years old is criminally liable, only if it is proved that he enjoyed the act with discernment. The minor who turned 16 is criminally liable. + Article 100 Consequences of criminal liability A criminal measure can be taken against the minor who is criminally liable or a punishment can be imposed on him. The choice of sanction takes into account the degree of social danger of the crime, the physical state, the intellectual and moral development, his behavior, the conditions in which he was raised and in which he lived and any other elements of nature characterize the person of the minor. The penalty shall only apply if it is assessed that taking an educational measure is not sufficient to entitle the minor. + Article 101 Educational measures The educational measures that can be taken towards the minor are: a) reprimand; b) supervised freedom; c) internment in a re-education center; d) internment in a medical-educational institute. + Article 102 Rebuke The educational measure of rebuke consists in the dojenation of the minor, in showing the social danger of the act savirsite, in advising the minor to behave in such a way that he shows correction, while drawing his attention that if he savirsi again a offence, a more severe measure will be taken towards him or a punishment will be imposed on him. + Article 103 Supervised freedom The educational measure of supervised freedom consists in leaving the minor at large for one year, under special supervision. Supervision can be entrusted, as the case may be, to the parents of the minor, to the one who established him or the guardian. If they are unable to ensure satisfactory supervision, the court shall order the supervision of the minor, within the same time frame, to a trusted person, preferably of a closer relative, at the request of the minor, or of a Legal institutions charged with supervision of minors The court puts in mind the one who has been entrusted with the supervision of the duty to closely watch over the minor, for the purpose of his correction. It is also considered that he has the obligation to notify the court immediately, if the minor evades them the supervision that is exercised on him or has bad behavior, or has again enjoyed a deed provided by the criminal law. The court also draws the minor's attention to the consequences of his behavior After taking the measure of supervised freedom, the court incurs the school where the minor learns or the unit to which he is employed, in order for them to collaborate in the reeducation of the minor together with the person to whom he was entrusted. If within the period provided in par. 1 the minor evades himself from the supervision that is exercised on him or has bad behavior, or he/she savor a deed provided by the criminal law, the court revokes the supervised freedom and takes the measure of admission to a reeducation center. If the act provided by the criminal law constitutes a crime, the court takes the measure of admission or applies a sentence The term of one year provided for in paragraph 1 flows from the date of execution of supervised freedom. + Article 104 Admission to a re-education centre The educational measure of admission to a re-education center is taken in order to reeducate the minor, who is assured the opportunity to equip the necessary teaching and a professional training according to his skills. The measure of admission is taken towards the minor in respect of which the other educational measures are inindestulating. + Article 105 Admission to a medical-educational institute The measure of admission to a medical-educational institute is taken towards the minor who, because of his physical or mental state, needs a medical treatment and a special education regime. + Article 106 Duration of Measures provided for in art. 104 and 105 are taken in indefinite time, but can only last until reaching the age of 18. The measure provided in art. 105 must be lifted as soon as the cause of its taking has disappeared. The court, ordering the lifting of the measure provided in art. 105, may, if applicable, take the minor measure of admission to a re-education centre. When the minor becomes a major, the court may order the extension of the admission for a period of no more than 2 years, if it is necessary for the purpose of the purpose of admission. + Article 107 Liberating the minor before becoming a major If at least one year has passed since the date of admission to the reeducation center and the minor has given thorough evidence of correction, diligence in teaching and the appropriation of professional training, it can be ordered to be released before it becomes major. + Article 108 Revocation of the minor's release or admission If during the period of release granted according to the previous article, the minor has an improper conduct, it can be ordered to revoke the release. If during the period of admission to a re-education center or in a medical institute-educational or free before becoming a major, the minor again savirates an offence for which it is assessed that it is appropriate to apply the prison sentence, the court revokes the admission. If a punishment is not required, the measure of admission is maintained and the release is revoked. + Article 109 Penalties for minors The penalties that can be imposed on the minor are the prison or fine provided by law for the offence enjoyed. The limits of these penalties are reduced by one third. Following the reduction, under no circumstances will the minimum sentence exceed 5 years. When the law provides for the crime enjoyed the death penalty, it applies to the minor prison from 5 to 20 years. The complimentary punishments do not apply to the minor. Convictions handed down for facts enjoyed during the minority do not attract incapacities or downfall. + Article 110 Conditional suspension of execution of sentence In case of conditional suspension of the execution of the sentence imposed on the minor, the trial period shall be composed of the duration of the prison sentence, plus a period of time from 6 months to 2 years, fixed by the court. If the penalty imposed is fine, the trial period shall be 6 months. With the conditional suspension of the execution of the sentence, the custody of the minor of a person or institutions from those shown in art. 103, to which the obligations provided for by the same Article are This measure can only last until the age of 18. + Title VI SAFETY MEASURES + Chapter 1 GENERAL PROVISIONS + Article 111 Purpose of safety measures The safety measures aim to remove a state of danger and prevent the enjoyment of the facts provided by the criminal law. Safety measures are taken towards persons who have committed acts provided for by the criminal law. Safety measures may be taken even if the perpetrator does not apply a sentence, except for the measure provided for in art. 112 lit. d. + Article 112 Types of safety measures The safety measures are: a) compulsory medical treatment; b) medical admission; c) prohibition to occupy a position or to exercise a profession, a profession or another occupation; d) prohibition of being in certain localities; e) expulsion of foreigners; f) special confiscation. + Chapter 2 SAFETY MEASURES REGIME + Article 113 Obligation to medical treatment If the perpetrator, due to a disease or chronic intoxication by alcohol, narcotics or other such substances, presents danger to society, he may be forced to regularly present himself to medical treatment until recovery. When the person to whom this measure has been taken does not regularly show up for treatment, medical admission may be ordered. If the person liable for treatment is sentenced to prison sentence, treatment is also carried out during the execution of the sentence. The measure of compulsory medical treatment may also be taken on a provisional basis in the course of prosecution or judgment. + Article 114 Medical admission When the perpetrator is mentally ill or toxicoman and is in a state that presents danger to society, the measure of admission to a specialized medical institute can be taken, until recovery. This measure can also be taken provisionally in the course of prosecution or judgment. + Article 115 Prohibition of a function or profession When the perpetrator has enjoyed the act due to incapacity, non-preparation or other causes that make it improper for the occupation of a certain function, or for the exercise of a profession, trades or other occupation, the measure of prohibition may be taken occupy that position or to exercise that profession, profession or occupation. This measure may be revoked upon request, after the passage of a period of at least one year, if it is found that the grounds which imposed its taking have ceased. A new application may be made only after the passage of a period of at least one year from the date of rejection of the previous application. + Article 116 Prohibition of being in certain localities When the person sentenced to prison sentence of at least one year has been convicted of other crimes, if the court finds that its presence in the locality where he enjoyed the crime or in other localities constitutes a serious danger for the company, it may take the measure of prohibition of being in that locality or in other specific localities determined by the conviction decision. The condition that the perpetrator was previously convicted of other crimes is not required, when a conviction of more than 5 years is pronounced. This measure can be taken for up to 5 years and can be extended if the social danger subsists. The extension cannot exceed the duration of the measure originally taken The safety measure may be revoked upon request or ex officio, after the passage of a period of at least one year, but only if the grounds which imposed its taking have ceased. A new application may be made only after the passage of a period of at least one year from the date of rejection of the previous application. + Article 117 Expulsion The foreign citizen who has committed a crime can be prohibited from raminating on the territory of the country. The provision of the preceding paragraph shall also apply to the person without nationality who has no domicile If the expulsion accompanies the prison sentence, bringing to fruition the expulsion takes place after the execution of the sentence. + Article 118 Special confiscation Are subject to special confiscation: a) things produced by the act provided by the criminal law; b) the things that served or were intended to serve to the enjoyment of a crime, if they are of the offender; c) the things that have been given to determine the enjoyment of a crime or to reward the offender; d) things clearly acquired by the enjoyment of the crime, if they are not returned to the injured person and in so far as they do not serve to compensate it; e) things held against legal provisions. + Title VII CASES WHICH REMOVE CRIMINAL LIABILITY OR THE CONSEQUENCES OF CONVICTION + Chapter 1 AMNESTY AND PARDON + Article 119 Effects of amnesty Amnesty removes criminal liability for the act savirsita. If she intervenes after the conviction, she also removes the execution of the sentence handed down, as well as the other consequences The fine collected before the amnesty is not returned. The amnesty has effects on the seizure of wealth only to the extent that this punishment has not been executed. Amnesty has no effects on safety measures, educational measures and on the rights of the injured person. + Article 120 Effects of pardon The pardon has the effect of removing, in whole or in part, the execution of the sentence or switching it to another easier. The pardon also has effects on the penalties the execution of which is suspended on parole. In this case, the part of the trial period which represents the length of the sentence handed down by the court shall be reduced accordingly. If the conditional suspension is revoked or cancelled, only the remaining part of the blackened sentence shall be executed. The pardon has no effects on the compliments, unless otherwise ordered by the act of pardon. In case of commutation of the death penalty in prison sentence, the provisions of art. 55 55 para. 3 3. Gratiation has no effects on safety measures and educational measures. + Chapter 2 PRESCRIPTION + Article 121 Prescription of criminal liability Prescription removes criminal liability. The prescription does not remove criminal liability in the case of crimes against peace and mankind. + Article 122 Limitation periods for criminal liability The limitation periods for criminal liability are: a) 15 years, when the law provides for the crime enjoyed the death penalty or prison sentence of more than 15 years; b) 10 years, when the law provides for the crime enjoyed the prison sentence of more than 10 years, but not exceeding 15 years; c) 8 years, when the law provides for the crime enjoyed the prison sentence of more than 5 years, but not exceeding 10 years; d) 5 years, when the law provides for the crime enjoyed the prison sentence of more than one year, but not exceeding 5 years; e) 3 years, when the law provides for the crime enjoyed the prison sentence that does not exceed one year or fine. The deadlines shown in this article shall be counted from the date of the offence. In the case of continuous crimes the term flows from the date of termination of the action or inaction, and in the case of continued crimes, from the date of enjoying the last action or inactions. + Article 123 Interruption of prescription course The course of the limitation period provided for in 122 is interrupted by the performance of any act that, according to the law, must be communicated to the accused or defendant in the conduct of the criminal After each interruption begins a new limitation period. The interruption of the prescription course produces effects to all participants in the crime even if the act of interruption concerns only some of them. + Article 124 Special prescription The prescription removes criminal liability as many interruptions would intervene, if the limitation period provided in art. 122 is exceeded by another half. + Article 125 Prescription of execution of sentence Prescription does not remove the execution of the main punishment The prescription does not remove the execution of the main sentences handed down for crimes against peace and mankind. + Article 126 Limitation periods for the execution of sentence The limitation periods for the execution of the sentence a) 20 years, when the sentence to be executed is imprisonment of more than 15 years; b) 5 years, plus the duration of the sentence to be executed, but not more than 15 years, in the case of other prison sentences; c) 3 years, if the punishment is fine. The limitation period for the execution of administrative sanctions provided for in art. 18 18-1 and art. 92 is a year old. Deadlines shown in paragraph 1 shall be counted from the date when the sentencing decision has remained final, and those shown in paragraph 2 the court from the final stay of the decision or, as the case may be, from the date when it can be executed, according to the law, the ordinance by which the sanction was applied. In the event of the revocation of the conditional suspension of the execution of the sentence or, as the case may be, of the correction to the correctional work, the limitation period shall start from the date when the revocation decision has remained final Safety measures are not prescribed. + Article 127 Interruption of the course of execution The course of the limitation period provided for in 126 is interrupted by the start of the execution of the sentence or by relishing a crime again. Evading execution, after the start of the execution of the sentence, makes a new limitation period run from the date of absconding. + Article 128 Suspension of the prescription course The course of the limitation period provided for in 122 is suspended during as long as a legal provision or an unforeseen or unremoved circumstance prevents the setting in motion of criminal action or the continuation of the criminal proceedings. The course of the limitation period provided for in 126 is suspended in the cases and conditions provided for in the Code of Criminal Procedure. The prescription resumes its course from the day it ceased the cause of suspension. + Article 129 Limitation periods for minors The limitation periods of criminal liability and the execution of the sentence are reduced by half for those who at the time of the crime were minors. + Article 130 Prescription of the execution of the sentence that replaced the death penalty Execution of prison sentence, when it replaces the death penalty according to art. 55, is prescribed in 20 years. The limitation period runs from the final stay of the death sentence. + Chapter 3 LACK OF PRIOR COMPLAINT AND RECONCILIATION OF PARTS + Article 131 Lack of prior plingers In the case of crimes for which the setting in motion of criminal action is conditional on the introduction of a prior complaint by the injured person, the lack of this complaint removes criminal liability. Withdrawal of prior complaint also removes criminal liability. The act that brought harm to several people attracts criminal liability, even if the prior complaint was made or maintained only by one of them. The act attracts the criminal liability of all participants in its enjoyment, even if the prior complaint was made or maintained with regard only to one of them. Prior weeping is not necessary if the injured person is a person without exercise capacity or with restricted exercise capacity. + Article 132 Reconciliation of Parties The reconciliation of the parties in the cases provided by law removes criminal liability and extinguishes civil action. Reconciliation is personal and produces effects only if it intervenes until the final stay of the decision. For people lacking in exercise capacity the reconciliation is done only by their legal representatives. Those with restricted exercise capacity can reconcile with the consent of the persons provided by law. + Chapter 4 REHABILITATION + Article 133 Effects of rehabilitation Rehabilitation makes it stop the downfalls and prohibitions as well as the incapacities resulting from the conviction. The rehabilitation does not have as a result the obligation to reintegrate into the position from which the offender was removed following the conviction, or recall in the permanent frames of the army or rendering the lost military grade. The rehabilitation also has no effects on safety measures, except for the one provided for in art. 112 lit. d. + Article 134 Rehabilitation of law Rehabilitation takes place by law in case of conviction to fine or prison sentence that does not exceed one year, if within 3 years the convict did not enjoy any other crime. The rightful reskill set out in the previous paragraph does not take place in the case of conviction for crimes against the public property. + Article 135 Judicial rehabilitation The convict can be rehabilitated, upon request, by the court: a) in case of conviction to prison sentence up to 5 years for crimes against public property, as well as in the case of imprisonment of imprisonment of more than one year up to 5 years for other crimes, after the passage of a term of 4 years, plus half of the term of the sentence handed down; b) in the case of imprisonment of imprisonment of more than 5 years up to 10 years, after the passage of a term of 5 years, plus half of the term of the sentence handed down; c) in the case of imprisonment of imprisonment of more than 10 years after the passage of a term of 7 years, plus half of the term of the sentence handed down; d) in the case of the death penalty commuted or replaced with the prison sentence, after the passage of a term of 7 years, plus half of the duration of the prison sentence. The Attorney General can order, in exceptional cases, the reduction of the deadlines provided in this article. + Article 136 Calculation of the rehabilitation term Deadlines provided for in art. 134 and 135 shall be counted from the date when the execution of the main sentence was completed or from the time it was prescribed. For those sentenced to the fine sentence the term flows from the moment the fine was paid or its execution was extinguished in another way. In case of total pardon or pardon of the remainder of the sentence, the term flows from the date of the pardon act. + Article 137 Conditions of judicial rehabilitation The application for judicial rehabilitation shall be accepted if the one convicted meets the following conditions: a) did not suffer a new conviction in the period provided in art. 135 135; b) has ensured its existence through work or other honest means, as well as when it has the age of being retired or unable to work; c) had a good conduct; d) paid in full the costs and civil damages to which he was ordered, unless the injured party gave up the compensation, or when the court finds that the convicted party has regularly fulfilled obligations relating to civil provisions of the sentencing decision. When the court finds that the condition of letter d is not fulfilled, but it is not due to the relays of the convict, it may order the rehabilitation. + Article 138 Renewal of the rehabilitation application In case of rejection of the rehabilitation application, a new application can only be made after a term of 3 years, in case of imprisonment of imprisonment of more than 10 years, after a term of 2 years in case of imprisonment of imprisonment of more than 5 years and after a period of one year in the other cases; these terms shall be counted from the date of rejection of the application. The conditions shown in art. 137 137 must also be fulfilled for the time frame preceding the new application. When the rejection of the application is based on the lack of forms, it can be renewed according to the provisions of the Code of + Article 139 Cancellation of rehabilitation The judicial rehabilitation will be annulled when after its granting it was discovered that the rehabilitated one had suffered another conviction, which if it had been known, led to the rejection of the rehabilitation request. + Title VIII THE MEANING OF SOME TERMS OR SUGGESTIONS IN THE CRIMINAL LAW + Article 140 General provisions Whenever the criminal law uses a term or an expression of those shown in this title, their meaning is the one provided for in the following articles, unless the criminal law has otherwise. + Article 141 Criminal law By "criminal law" is understood any provision of a criminal nature contained in laws or decrees. + Article 142 Territory The term "territory" of the expressions "territory of Romania" and "territory of the country" means the expanse of land and waters between the borders, with the basement and the airspace, as well as the territorial sea with the soil, the basement and the space air of it. + Article 143 Offence enjoyed on the territory of the country By "offence enjoyed on the territory of the country" means any offence committed on the territory shown in art. 142 or on a ship a Roman aircraft. The crime is considered to be enjoyed on the territory of the country and when on this territory either a Romanian ship or aircraft was carried out only an act of execution or the result of the crime occurred. + Article 144 Enjoying a crime By "enjoying a crime" or "committing a crime" is understood the enjoyment of any of the facts that the law punishes as a crime consumed or as an attempt, as well as participating in their commission as an author, instigator or complicit + Article 145 Obstesc The term "obstesc" means everything that interests state organizations, public organizations or any organizations that carry out a socially useful activity and that work according to the law. + Article 146 Serious consequences and particularly serious consequences The offences contained in the special part, Titles III and IV, are considered to have had "serious consequences" or "particularly serious consequences", when they caused large material damage, had repercussions on the achievement of the state plan or the unit, produced a stinjenire the importance of the activity of the unit or caused other such consequences. + Article 147 Official official " means any employee who exercises, permanently or temporarily, with any title, whether and how he has been invested, a commission in the service of an organ or state institution, or an enterprise or economic organization of stat. Persons who carry out a commission in the service of an organization from those provided in par. 1, whether or not I get a retribution. + Article 148 Other employees Through "other employees", the employees who exercise, under the conditions of art. 147 147 para. 1, a commission in the service of one of the other organizations provided in art. 145 145. They are assimilated with "other employees" persons who carry out a commission in the service of an organization from those provided in par. 1, whether or not I get a retribution. + Article 149 Close relatives "Close relatives" are the ascendants and descendants, brothers and sisters, their children, as well as people who have become, according to the law, such relatives. The provisions of the criminal law relating to close relatives, within the limits provided by the previous paragraph, shall apply in case of full effects, to the person established as well as to his descendants and in relation to natural relatives, and in case of It is with limited effects, the unborn and its offspring and in relation to the relatives of the creepy. + Article 150 State secrets and official documents "State secrets" are the documents and data that manifestly present this character, as well as those declared or qualified thus by the decision of the Council of Ministers. "Officially inscribed" is any inscription that emanates from an organization from those provided in art. 145 145, or belonging to such an organization. + Article 151 Weapons "Weapons" are the instruments, parts or devices so declared by the legal provisions. They are assimilated to weapons any other objects likely to be used as weapons and which were used for the attack. + Article 152 Deed savirsita in public The act is considered to be "in public" when it was committed: a) in a place that by nature or its destination is always accessible to the public, even if no person is presented; b) in any other place accessible to the public, if there are two or more persons; c) instead of not accessible to the public, with the intention, however, that the act should be heard or seen and whether this result occurred against two or more persons; d) in a meeting or meeting of several persons, with the exception of meetings which may be considered to be of family character, due to the nature of the relations between the persons participating; e) by any means as to which the perpetrator has realized that the act could come to the attention of the public. + Article 153 Time of war "Time of war" is the time frame from the date of declaration of mobilization or from the start of war operations until the date of the army's passage to the state of peace. + Article 154 Time calculation In the calculation of time the day shall be counted 24 hours and week 7 days. The moon and the year shall be counted one day before the day corresponding to the date from which they began to run. + The special part + Title I CRIMES AGAINST THE STATE + Article 155 Betrayal The deed of the Romanian citizen or of the person without citizenship domiciled on the territory of the Romanian state, to enter into connection with a power or with a foreign organization or with their agents, in order to suppress or stir up the unity, sovereignty or the independence of the state, through actions of war provocation against the country or the facilitation of foreign military occupation, or of economic or political undermining of the state, or of servitude towards a foreign power, or of helping a foreign power for the conduct of a spiteful activity against state security, is punishable by death and total seizure of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 156 Betrayal by helping the enemy The deed of the Romanian citizen or of the person without citizenship domiciled on the territory of the Romanian state, who, in time of war: a) teaches territories, cities, defense positions, warehouses or installations of the Romanian army or serving the defense; b) hand over ships, aircraft, machinery, apparatus, weapons or any other materials which may serve to carry the war; c) proxy of the enemy people, values and materials of any kind; d) passes on the side of the enemy or performs other actions that are likely to favor the activity of the enemy, or to weaken the fighting power of the Romanian army or allied armies, is punishable by the death and total confiscation of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and total confiscation of wealth. With the same punishment is sanctioned the Romanian citizen or the person without citizenship domiciled on the territory of the Romanian state, who, in time of war, fights or is part of combat bands against the Romanian state or its allies. + Article 157 Betrayal by transmission of secrets The transmission of state secrets to a foreign power or organization or to their agents, as well as the procurement of documents or data that constitute state secrets, or the possession of such documents by those who do not have the quality to know them, for the purpose of transmitting them to a foreign power or organization or to their agents, enjoyed by a Romanian citizen or a person without citizenship domiciled on the territory of the Romanian state, shall be punished with detention for life and total confiscation of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and confiscation partial of wealth. The same facts, if I look at other documents or data that through their character and importance make the deed savory jeopardize the security of the state, are punishable by imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of Fortunes. + Article 158 Spiteful actions against the state The facts provided in art. 155 155 and in art. 156, enjoyed by a foreign national or a person without citizenship who does not reside on the territory of the Romanian state, shall be punished with detention for life and the total confiscation of wealth, or with imprisonment from 15 to 20 years and partial confiscation. of wealth. + Article 159 Espionage The facts provided in art. 157, enjoyed by a foreign national or a person without citizenship who does not reside on the territory of the Romanian state, shall be punished with detention for life and the total confiscation of wealth, or with imprisonment from 15 to 20 years and with confiscation. partial of wealth. + Article 160 The bombing that endangers state security The attempted savor against life, bodily integrity or health of a person who performs an important state or public activity, in circumstances that make the act endanger the security of the state, is punishable by detention on life and total confiscation of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 161 Bombing against a collective The attempted savor against a community through mass poisonings, epidemic provocation or by any other means, likely to weaken state power, is punishable with life imprisonment and total seizure of wealth, or imprisonment from 15 to 15 years. 20 years, prohibition of some rights and partial confiscation of wealth. + Article 162 Undermining state power Armed action likely to weaken state power is punishable by death and the total seizure of wealth, or imprisonment from 15 to 20 years, the prohibition of some rights and the partial confiscation of wealth. Any other violent actions enjoyed by several people together, likely to attract the same consequences, are punishable by imprisonment from 5 to 15 years, the prohibition of some rights and the partial confiscation of wealth. + Article 163 Acts of diversion Destruction, degradation or non-use, in whole or in part, by explosions, fires or in any other way, plants, industrial plants, machinery, communication routes, means of transport, means of transport, telecommunication, construction, industrial or agricultural products, or other goods, if the act is likely to bring in any way the security of the state, is punishable by life imprisonment and the total confiscation of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 164 Sabotage The deed provided in art. 248 248 para. 2, if it is likely to bring in any way the security of the state, it is punishable by the death and total confiscation of wealth, or with imprisonment from 15 to 20 years, the prohibition of some rights and the partial confiscation of wealth. + Article 165 Undermining the national economy The act of using an organization from those provided in art. 145, or to prevent its normal activity, if the act is likely to undermine the national economy, it is punishable by imprisonment from 5 to 15 years, the prohibition of some rights and the partial confiscation of wealth. If the act provided for in the previous paragraph has caused significant damage to the national economy, the punishment is life imprisonment and total confiscation of wealth, or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of Fortunes. + Article 166 Propaganda against socialist Ormisation Propaganda with a fascist character enjoyed by any means, in public, is punishable by imprisonment of 5 to 15 years and the prohibition of some rights. Propaganda or the enterprise of any action to change the socialist order, or from which a danger to the security of the state would result, is punishable by imprisonment from 5 to 15 years and the prohibition of some rights. + Article 167 Plot Initiation or establishment of an association or group for the purpose of enjoying any of the crimes provided for in art. 155-165, or joining or supporting in any form such an association or group, is punishable by life imprisonment and total seizure of wealth, or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation. of wealth. The punishment for the plot cannot be greater than the sanction provided by law for the most serious of the crimes that enter for the purpose of the association or group. With the punishment provided in par. 1 the association of several persons is also sanctioned in order to carry out a fascist or anti-democratic activity, or any other activity aimed at changing the socialist order, as well as joining or supporting in any form of such association. If the facts provided in par. 1 or 3 were followed by the enjoyment of a crime, the rules of the crime contest apply. It is not punishable by the person who, enjoying the act provided in par. 1 or 3, denounces it before it was discovered. + Article 168 Compromise of state interests The destruction, alteration or concealment of a document or inscribed in which the rights of the Romanian state are established in relation to a foreign power, if the act is likely to compromise the state interests, shall be punished with imprisonment from 5 to 15 years and prohibition of rights. + Article 169 Disclosure of secrecy endangering state security Disclosure of documents or data that constitute state secrets or other documents or data, by the one who knows them due to their duties, if the act is likely to endanger the security of the state, is punishable by imprisonment from 7 to 15 years and prohibition of some rights. The possession outside the duties of service of a document constituting state secret, if the act is likely to endanger the security of the state, is punishable by imprisonment from 5 to 10 years. With the punishment provided in par. 2 it is sanctioned to have outside the duties of service of other documents in order to disclose, if the act is likely to endanger the security of the state. If the facts set out in the preceding paragraphs are enjoyed by any other person, the sentence is imprisonment from one to 7 years. + Article 170 Non-reporting The omission to immediately denounce the enjoyment of any of the crimes provided for in art. 155-165 and in art. 167 is punishable by imprisonment from 2 to 7 years. The omission to denounce, enjoyed by the husband or a close relative, is punishable only when by denunciation it could have prevented the consumption of any of the crimes shown in par. 1. In this case, the limits of the sentence provided in paragraph 1 1 shall be reduced by half. It is not punishable by the person who before the prosecution for the unreported crime began, incunostinteaza the competent authorities about that crime or even after the prosecution was started or after the culprits were discovered, facilitated their arrest. + Article 171 Offences against the representative of a foreign state Crimes against life, bodily integrity, health, freedom or dignity, savirsite against the representative of a foreign state, are sanctioned with the punishment provided by law for the act savirsita, whose maximum is increased by 2 years. Criminal action is set in motion at the desire expressed by the foreign government. + Article 172 Some causes of non-punishment or reduction of punishment The participant in the offences provided for in this title shall not be punished, if he denounces in due time the enjoyment of the crime, so as to prevent his consumption, or if he prevents himself from consuming the crime and then denounces it. The participant who, after the prosecution has started or the criminals have been discovered, facilitates their arrest, is sanctioned with a punishment whose limits are reduced by half. + Article 173 Sanctioning the attempt, concealment and favoring The attempted offences set out in this Title shall be punished. It is considered to be attempted and to produce or procure the means or instruments, as well as to take measures to commit the crimes provided in art. 156, 157, 159-166 and art. 158 reported to the crime of treason by helping the enemy. Concealment and favoring regarding the crimes in this title are punishable by imprisonment from 3 to 10 years. The penalty imposed on the concealer or the favorator may not be greater than the punishment provided by the law for the author. Concealment and favoring enjoyed by the spouse or a close relative in the case of the crimes provided in art. 155-165 and in art. 167 167 is punishable. The limits of the sentence provided in 3 are reduced by half, and in the case of other crimes, concealment and favoring are not punishable. + Title II CRIMES AGAINST THE PERSON + Chapter 1 OFFENCES AGAINST LIFE, BODILY INTEGRITY AND HEALTH + Section 1 Homicide + Article 174 Murder The murder of a person is punishable by imprisonment from 10 to 20 years and the prohibition of some rights. The attempt is punishable. + Article 175 Homily qualified The murder enjoyed in any of the following circumstances: a) with premeditation; b) of material interest; c) on the spouse or a close relative; d) taking advantage of the victim's state of helplessness to defend himself; e) by means of endangering the lives of several persons; f) in connection with the performance of the victim's duty or public duties; g) to evade or to evade another from prosecution or arrest, or from the execution of a sentence; h) to facilitate or hide the enjoyment of another crime, it is punishable by imprisonment from 15 to 20 years and the prohibition of some rights. The attempt is punishable. + Article 176 The particularly serious killing The murder enjoyed in any of the following circumstances: a) by cruelties; b) on two or more persons; c) by a person who has also enjoyed a murder; d) to savor or to hide the enjoyment of a tilting or piracy; e) on a pregnant woman, she is punished with life imprisonment, or with imprisonment from 15 to 20 years and the prohibition of some rights. The attempt is punishable. + Article 177 Prunckilling The murder of the newborn child, enjoyed immediately after birth by the mother in a state of birth disorder, is punishable by imprisonment from 2 to 7 years. + Article 178 Culpable homicide The culpable homicide of a person is punishable by imprisonment from one to five years. The culpable homicide as a result of non-compliance with the legal provisions or provision measures for the exercise of a profession or trades, or for carrying out a specific activity, is punishable by imprisonment from 2 to 7 years. When the culpable homicide of a person is enjoyed by a vehicle driver with mechanical traction, having an alcoholic imbibation exceeding the legal limit, or who is drunk, the sentence is imprisonment from 5 to 12. years. With the same punishment is sanctioned the act enjoyed at fault, by any other person in the exercise of the profession or profession and who is drunk. If the death of two or more persons was caused by the act enjoyed, at the maximum of the penalties provided for in the preceding paragraphs, an increase may be added up to 3 years. + Article 179 Determination or facilitation of suicide The act of determining or facilitating the suicide of a person, if suicide or attempt to suicide occurred, is punishable by imprisonment from 2 to 7 years. When the act provided for in the previous paragraph was enjoyed against a minor or a person who was not able to realize his act, or could not be master of his acts, the punishment is imprisonment from 3 to 10 years. + Section 2 Hitting and hurting bodily integrity or health + Article 180 Hitting or other violence Striking or any acts of violence causing physical suffering are punishable by imprisonment from one month to 3 months or a fine. Hitting or acts of violence that have caused an injury that requires for healing medical care of no more than 20 days are punishable by imprisonment from 3 months to 2 years or with a fine. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 181 Personal injury The act by which bodily integrity or health has been caused an injury that requires for healing medical care of no more than 60 days is punishable by imprisonment from 6 months to 3 years. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 182 Serious injury The act by which the bodily integrity or health was caused an injury that requires for healing medical care more than 60 days, or that produced any of the following consequences: loss of a sense or organ, cessation their functioning, a permanent physical or mental infirmity, the sluice, abortion, or the endangerment of the person's life, is punishable by imprisonment from 2 to 7 years. When the act was enjoyed in order to produce the consequences provided for in the previous paragraph, the sentence is imprisonment from 3 to 8 years. The attempted deed provided in par. 2 is punishable. + Article 183 Blows or injuries causing death If any of the facts provided in art. 180-182 had as a result the death of the victim, the sentence is imprisonment from 3 to 10 years. + Article 184 Culpable bodily injury The deed provided in art. 181 at fault they are punishable by imprisonment from one month to 3 months or a fine. If the act had any of the consequences provided in art. 182 182 para. 1, the sentence is imprisonment from 3 months to 2 years or fine. When the enjoyment of the deed provided in par. 1 or 2 is the result of non-compliance with legal provisions or provision measures for the exercise of a profession or trades, or for the performance of a specific activity, the punishment is in the case of para. 1 imprisonment from 3 months to 2 years, and in the case of para. 2, with imprisonment from 6 months to 3 years. For the facts provided in par. 1 and 3, the criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Section 3 Abortion + Article 185 The illegal challenge of abortion Interrupting the course of pregnancy by any means, outside the conditions allowed by law, with the consent of the pregnant woman, is punishable by imprisonment from one to 3 years. The act provided in par. 1, enjoyed without the consent of the pregnant woman, is punishable by imprisonment from 2 to 5 years. If the act provided for in the preceding paragraphs has caused the pregnant woman any serious bodily injury, the punishment is in the case provided in par. 1 prison from 2 to 5 years, and in the case provided in par. 2, imprisonment from 3 to 6 years. If by deed provided in par. 1 or 2 the death of the pregnant woman was caused, the punishment is in the case provided in par. 1 prison from 5 to 10 years, and in the case of para. 2, imprisonment from 7 to 12 years. When the act was committed in order to abstain a material use, the special maximum of the sentence increases by 2 years. If the abortion was caused by a doctor, besides the prison sentence it will also be possible to ban the exercise of the profession of doctor according to art. 64 64 li. c. The attempt is punishable. + Article 186 Abortion caused by woman The interruption of the course of pregnancy, enjoyed by the pregnant woman, is punishable by imprisonment from 6 months to 2 years. With the same punishment is sanctioned the act of the pregnant woman to be consented to the interruption of the pregnancy course performed by another person. + Article 187 Possession of abortive instruments or materials The holding, outside the specialized health institutions, of any special tools for interrupting the course of pregnancy, is punishable by imprisonment from 3 months to 1 year. With the same punishment, it is sanctioned to hold outside the specialized health institutions, in order to interrupt the course of pregnancy, of any other abortive means, established by the competent body. + Article 188 The omission to announce the abortion The act of the doctor who, after having carried out in case of extreme urgency the interruption of the course of pregnancy, without having legal authorization, does not announce about this competent body, within the period provided by law, is punishable by imprisonment from one month to 3 months. + Chapter 2 CRIMES AGAINST FREEDOM OF PERSON + Article 189 Illegal deprivation of liberty A person's deprivation of liberty illegally is punishable by imprisonment from 3 months to 2 years or a fine. If the act is enjoyed by simulation of official qualities, by kidnapping, or by an armed person, or by twice as many persons together, or if in exchange for release a material use is required, or if the victim is a minor or is subject to suffering, or if his health or life is endangered, the sentence is imprisonment from 1 to 5 years. + Article 190 Slavery Putting or keeping a person in a state of slavery, as well as the trafficking of slaves, are punishable by imprisonment from 3 to 10 years and the prohibition of some rights. The attempt is punishable. + Article 191 Submission to forced or compulsory labour The deed to subject a person, in other cases than those provided by the legal provisions, to the provision of a work against his will or to a mandatory work, is punishable by imprisonment from 6 months to 3 years. + Article 192 Home invasion Penetration without right, in any way, in a dwelling, room, dependency or place surrounded by them, without the consent of the person who uses them, or the refusal to leave them at his request, is punishable by imprisonment from 3 months to 1 1 year or a fine. If the act is enjoyed by an armed person, by two or more people together, during the night, or by using false qualities, the punishment is imprisonment from 6 months to 3 years. For the act provided in par. 1, the criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 193 Threat The act of threatening a person with the enjoyment of a crime or a damaging act directed against her, her husband or a close relative, if she is likely to alarm her, is punishable by imprisonment from one month to 1 year or a fine, without the penalty imposed being able to exceed the sanction provided by law for the offence that formed the object of the threat. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 194 Blackmail Coercion of a person through violence or threat, to give, to do, not to do or to suffer something, if the act is committed to unjustly dobindi one use, for himself or for another, is punishable by imprisonment from 3 months to 2 years or a fine. When coercion consists in the threat of a real or imaginary fact, compromising for the threatened person, for her husband or for a close relative, the punishment is imprisonment from 6 months to 3 years. + Article 195 Violation of correspondence of correspondence The opening, without right, of a correspondence, addressed to another, or interception of a conversation or communications made by phone, telegraph or by other means of distance transmission, shall be punishable by imprisonment from one month to 1 year or with fine. With the same punishment is sanctioned the evading, destruction or retention of a correspondence, as well as the disclosure of the contents of a correspondence, even when it was sent open or was opened by mistake, or the disclosure of the content an intercepted conversation or communication, even if the perpetrator has become aware of it by mistake or by accident. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 196 Disclosure of professional secrecy Disclosure, without right, of some data, by the one to whom he was entrusted, or of which he became aware by virtue of the profession or office, if the act is of a nature to harm a person, is punishable by imprisonment from 3 months to 2 years or a fine. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Chapter 3 OFFENCES RELATING TO SEX LIFE + Article 197 Rape Sexual intercourse with a female person, by coercing her, or taking advantage of her impossibility to defend herself or to express her will, is punishable by imprisonment from 2 to 7 years. The sentence is imprisonment from 3 to 10 years, if: a) the victim had not turned 14 years old; b) the act was enjoyed by two or more persons together; c) the victim is in care, protection, education, security or in the treatment of the perpetrator; d) a serious injury to bodily integrity or health has been caused to the victim. The sentence is imprisonment from 7 to 15 years, if the act had as a result the death or suicide of the victim. Criminal action for the act provided in par. 1 is set in motion at the prior complaint of the injured person. The facts provided in par. 1 and 2 shall not be punished, if before the decision has remained final, the marriage between the author and the victim intervened, and in case of participation, if the marriage between the victim and any of the participants intervened. This cause of unpunishment produces effects to all participants. + Article 198 Sexual intercourse with a minor The sexual relationship with a female person who has not turned 14 is punishable by imprisonment from one to 5 years. With the same punishment is sanctioned the sexual relationship with a female person between 14-18 years, if the act is enjoyed by the tutor or curator, or by the supervisor, caretaker, attending physician, teacher or educator, using his quality. When the act provided in par. 1 was enjoyed in the circumstances provided in art. 197 197 para. 2 2 lit. c, or if the facts provided in par. 1 and 2 had the consequences provided in art. 197 letter d, the sentence is imprisonment from 3 to 10 years. If the act had as a result the death of the victim, the sentence is imprisonment from 7 to 15 years. Art. 197 197 para. the final applies also to the facts referred to in paragraph 1. 1-3. + Article 199 Seduction The act of the one who, through promises of marriage, determines a female person less than 18 years of age to have sexual intercourse with him, is punishable by imprisonment from one to 5 years. Reconciliation of the parties removes criminal liability. + Article 200 Sexual relations between people of the same sex Sexual relations between people of the same sex are punishable by imprisonment from one to 5 years. The act provided in par. 1, enjoyed on a minor, on a person in impossibility to defend himself, or to express his will, or by coercion, is punishable by imprisonment of 2 to 7 years. If the act provided in par. 2 has as a result serious injury to bodily integrity or health, the punishment is imprisonment from 3 to 10 years, and if it has as a result the death or suicide of the victim, the sentence is imprisonment from 7 to 15 years. Urging or grooming a person in order to practice the act provided in par. 1 is punishable by imprisonment from one to five years. + Article 201 Sexual perversion The enjoyment of the acts of sexual perversion that have produced public scandal is punishable by imprisonment from one to 5 years. Art. 200 200 para. 2 2-4 shall apply accordingly. It constitutes acts of sexual perversion any unnatural acts in relation to sex life, other than those provided in art. 200. + Article 202 Sexual corruption Obscene acts enjoyed on a minor or in the presence of a minor are punishable by imprisonment from 3 months to 2 years or with a fine. + Article 203 Incest The sexual relationship between relatives in direct line or between brothers and sisters is punishable by imprisonment from 2 to 7 years. + Article 204 Sanctioning the attempt The attempted crimes provided in art. 197-198 and 200-203 is punishable. + Chapter 4 CRIMES AGAINST DIGNITY + Article 205 Insult Touching the honor or reputation of a person through words, gestures or other means, or through exposure to mockery, is punishable by imprisonment from one month to 3 months or a fine. The same punishment applies if a person is assigned a defect, illness or infirmity that, even real if they were, should not be revealed. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 206 Calumnia Affirmation or imputation in public of a determined fact regarding a person, who, if true, would expose that person to a criminal, administrative or disciplinary sanction, or public contempt, is punishable by imprisonment from 3 months at 1 year or with a fine. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 207 Verity test The evidence of the verity of those asserted or imputed is admissible, if the affirmation or imputation was enjoyed for the defense of a legitimate interest. The act on which the verity test was made does not constitute the crime of insult or slander. + Title III CRIMES AGAINST PERSONAL OR PRIVATE PROPERTY + Article 208 Theft Taking a good mobile from the possession or detention of another, without his consent, in order to unfairly himself, is punishable by imprisonment from 3 months to 2 years. It is considered mobile goods and any energy that has an economic value, as well as the documents. The act constitutes theft even if the property belongs entirely or in part to the perpetrator, but at the time of enjoying that good it was in the possession or legitimate possession of another person. It also constitutes theft taking under the conditions of par. 1 of a vehicle, in order to use it unfairly. + Article 209 Qualified theft Theft enjoyed in the following circumstances: a) two or more persons together; b) a person having a weapon or a narcotic substance; c) in a public place; d) in any means of public transport; e) during the night; f) during a calamity; g) by burglary, escalation, or by the use without right of a true key or a false key, is punishable by imprisonment from one to 5 years. With the same punishment is sanctioned the theft of an act that serves to prove the civil status, for legitimation or identification. + Article 210 Punishing some thefts at the prior complaint The theft enjoyed between spouses or between close relatives, or by a minor in the paguba of the guardian or, or by the one who lives with the injured person or is hosted by him, is only aimed at the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 211 Tilharia Theft enjoyed by use of violence or threats, or by putting the victim unconscious or helplessness to defend himself, as well as theft followed by the use of such means for the preservation of stolen property or for removing the traces of the crime, or for the perpetrator to ensure his escape, is punishable by imprisonment from 2 to 7 years. If tilharia had any of the consequences shown in art. 181 or 182, the sentence is imprisonment from 3 to 10 years. The tilharia that had as a result the death of the victim is punishable by imprisonment from 7 to 15 years and the prohibition of some rights. + Article 212 Piracy Robbery by acts of violence enjoyed for personal purposes, by the crew or passengers of a ship against persons or goods found on that ship or against another ship, whether the vessels are on the high seas or in a place that is not subject to the jurisdiction of any state, is punishable by imprisonment from 2 to 7 years. If piracy had any of the consequences shown in art. 181 or 182, the sentence is imprisonment from 3 to 10 years. The piracy that resulted in the death of the victim is punishable by imprisonment from 7 to 15 years and the prohibition of some rights. The provisions of the preceding paragraphs shall apply accordingly and when the offence of piracy has been committed on an aircraft or between aircraft and vessels. + Article 213 Abuse of trust The appropriation of a movable property of another, held with any title, or the disposition of this good unjustly, or the refusal to return it, is punishable by imprisonment from 3 months to 2 years or with a fine. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 214 Fraudulent management The cause of damage to a person, in bad faith, on the occasion of the administration or preservation of its goods, by the one who has or must take care of the administration or preservation of those goods, is punishable by imprisonment from 3 months to 2 years. + Article 215 Deceit Misleading a person, by presenting with true a false deed or as a liar of a true deed, in order to obtain for himself or for another an unjust material use and if a damage was caused, it is punishable. with imprisonment from 3 months to 2 years. Deception enjoyed by using names or lying qualities or other fraudulent means, is punishable by imprisonment from one to 3 years. If the fraudulent means constitute a crime itself, the rules on the contest of crimes apply. Inducing or misleading a person, on the occasion of the conclusion or execution of a contract, enjoyed in such a way that without this error the one deceived would not have concluded or executed the contract under the stipulated conditions, shall be sanctioned with the sentence provided for in the preceding paragraphs after the distinctions there shown. + Article 216 The appropriation of the good found The act of not teaching within 10 days a good found to the authorities or the one who lost it, or to dispose of that good as his own, is punishable by imprisonment from one month to 3 months or with a fine. With the same punishment is sanctioned and unjustly appropriating a good mobile that belongs to another, ended up by error in the possession of the perpetrator. + Article 217 Destruction The destruction, degradation or non-use of a good belonging to another, or preventing the taking of conservation measures or saving such a good, as well as the removal of the measures taken, are punishable by imprisonment from a month at 1 year or with a fine. If the good has special artistic, scientific, historical, archival value or another social value, the punishment is imprisonment from 3 months to 3 years. With the punishment provided in par. 2 it is also sanctioned the destruction, degradation or non-use of a telegraphic cable, telephone or high voltage or an oil pipeline. If destruction, degradation or non-use is enjoyed by arson, explosion or by any other such means and if public danger results, the punishment is imprisonment from one to 5 years. The provisions referred to in paragraph 2, 3 and 4 apply even if the property belongs to the perpetrator. Criminal action for the act provided in par. 1 is set in motion at the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 218 Qualified destruction If the facts set out in the previous article had particularly serious consequences, the sentence is imprisonment from 5 to 15 years and the prohibition of some rights, and if they had as a result a disaster, the sentence is imprisonment from 10 to 20 years and prohibition of rights. The disaster consists in the destruction or degradation of public transport, goods or persons, or installations or works and which resulted in the death or serious injury of the bodily integrity or health of several persons. + Article 219 Culpable destruction Destruction, degradation or non-use, at fault, of a good, even if it belongs to the perpetrator, if the act is enjoyed by arson, explosion or by any other such means and if public danger results, se punish with imprisonment from one month to 1 year or with a fine. With the same punishment, the destruction or culpable degradation of a telegraphic, telephone or high voltage cable or an oil pipeline is sanctioned, if it had as a result the non-use of them. Destruction, degradation or bringing in a state of non-use, at fault, of a good, even if it belongs to the perpetrator, if it had particularly serious consequences, are punishable by imprisonment from one to 5 years, and if it had as a result a disaster, the sentence is imprisonment from 3 to 10 years. When the disaster or the particularly serious consequences occurred as a result of leaving the post, or the enjoyment of any other act by the management staff of a public transport, or by the personnel directly providing security of such transport, the sentence is imprisonment from 5 to 12 years. + Article 220 Possession disorder Occupation in whole or in part, without right, through violence or threat, or by the abolition or displacement of the signs of boundary, of a building in the possession of another, is punishable by imprisonment from one month to 1 year or with a fine. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 221 Concealing Receiving, equipping or transforming a good, or facilitating its valorization, knowing that the good comes from the enjoyment of a fact provided by the criminal law, if by this it was aimed to obtain for itself or for another a use material, are punishable by imprisonment from 3 months to 2 years, without the penalty imposed to be able to exceed the punishment provided by law for the crime from which the good concealed comes. The concealment enjoyed by the husband or a close relative is not punishable. + Article 222 Sanctioning the attempt The attempted crimes provided in art. 208-212, 215, 217 and 218 are punishable. + Title IV OFFENCES AGAINST PUBLIC PROPERTY + Article 223 Embezzlement The appropriation, use or trafficking by an official or another employee, in his interest or for another, of money, values or other goods from the public estate, which he manages or manages, shall be punished with imprisonment from 6 months to 5 years. and partial seizure of wealth. If the embezzlement had serious consequences, the sentence is imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth. If embezzlement had particularly serious consequences, the punishment is the death and total seizure of wealth, or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 224 Theft in damage to public property The theft enjoyed in the damage of the public estate is punishable by imprisonment from 6 months to 4 years. When the theft had serious consequences or is qualified, the sentence is imprisonment from 3 to 12 years, prohibition of some rights and partial confiscation of wealth. If the theft had particularly serious consequences, the punishment is the death and total seizure of wealth, or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 225 Tilharia in damage to the obstesc Tilharia savirsita in damage to the obstesc avut is punishable by imprisonment from 3 to 12 months, prohibition of some rights and partial confiscation of wealth. When tilharia had serious consequences or any of the consequences provided in art. 181 or 182, the sentence is imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth. If tilharia had as a result the death of the victim or other particularly serious consequences, the punishment is the death and total confiscation of wealth, or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 226 Piracy in the damage of the obstesc Piracy enjoyed in the damage of the obstesc wealth is sanctioned with the penalties provided in art. 225. + Article 227 Abuse of trust in the damage of the obstesc The abuse of trust enjoyed in the damage of the public estate is punishable by imprisonment from 6 months to 4 years. + Article 228 Fraudulent management in the damage of the obstesc Fraudulent management enjoyed in the damage of the public estate is punishable by imprisonment from 6 months to 5 years. + Article 229 Deceit in the damage of the obstesc The deception enjoyed in the damage of the public estate is punishable by imprisonment from 6 months to 5 years. Deception enjoyed under the conditions of art. 215 215 para. 2, or which had serious consequences is punishable by imprisonment from 3 to 12 years, prohibition of some rights and partial confiscation of wealth. If the deception had particularly serious consequences, the punishment is the death and total confiscation of wealth, or imprisonment from 15 to 20 years, the prohibition of some rights and the partial confiscation of wealth. + Article 230 Appropriation in the damage of the common good found The appropriation of a good found in the damage of a good found is punishable by imprisonment from 3 months to 2 years. + Article 231 Destruction in damage to the obstesc The destruction enjoyed in the damage of the public estate is punishable by imprisonment from 3 months to 3 years. Destruction enjoyed under the conditions of art. 217 217 para. 2-4 is punishable by imprisonment from 3 to 10 years, prohibition of some rights and partial confiscation of wealth. If the destruction had particularly serious consequences, the punishment is imprisonment from 10 to 15 years, prohibition of some rights and partial confiscation of wealth. When the destruction had as a result a disaster, the punishment is the death and total confiscation of wealth, or imprisonment from 15 to 20 years, the prohibition of some rights and the partial confiscation of wealth. + Article 232 Culpable destruction in the damage of the obstesc Culpable destruction in the damage of the obstesc avut, savirsita under the conditions of art. 219 219 para. 1 and 2, is punishable by imprisonment from one month to 2 years. When the destruction had particularly serious consequences, the punishment is imprisonment from 2 to 6 years and the prohibition of some rights. If the destruction had as a result a disaster, the punishment is imprisonment from 5 to 12 years and the prohibition of some rights. When the disaster or the particularly serious consequences occurred in the particularly serious conditions occurred under the conditions of art. 219 219 para. 4, the sentence is imprisonment from 10 to 15 years and the prohibition of some rights. + Article 233 Possession disorder in the damage of the obstesc The possession disorder enjoyed in the damage of the public estate is punishable by imprisonment from 3 months to 3 years. + Article 234 Concealment in the damage of the obstesc The concealment enjoyed in the damage of the public estate is punishable by imprisonment from 6 months to 5 years. Concealment enjoyed by the spouse or a close relative in the case of the crimes provided in art. 223 223 para. 3, 224 para. 3, 225 para. 3 and 229 para. 3 is punishable. The limits of the sentence provided in 1 are reduced by half, and in the case of other crimes, concealment is not punishable. + Article 235 Sanctioning the attempt The attempted crimes provided in art. 223-226, 229 and 231 are punishable. + Title V OFFENCES AGAINST THE AUTHORITIES + Article 236 Offence to some insignia Any manifestation expressing contempt for the insignia of the Socialist Republic of Romania is punishable by imprisonment from 6 months to 3 years. The manifestation by which contempt is expressed for the emblems or signs used by the authorities shall be punishable by imprisonment from 3 months to 1 year or with a fine. + Article 237 Defamation of a The defamation of a state or public organization, by any means, in public, is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 238 Offence to authority The achievement of the honor or the threat, in public, enjoyed against one of the persons provided in art. 160, in connection with its activity and likely to prejudice the authority, shall be punishable by imprisonment from 6 months to 3 years. Striking or any acts of violence enjoyed against one of the persons and under the conditions shown in the preceding paragraph shall be punishable by imprisonment from one to five years. + Article 239 Ultrajul Insult, slander or threat of direct enjoyment or by means of direct communication, against an official who performs a function involving the exercise of the state authority, in the exercise of his function or for acts fulfilled in the exercise of the function, is punishable by imprisonment from 3 months to 2 years or with a fine. Striking or any acts of violence, as well as bodily injury to the person provided for in the preceding paragraph, in the exercise of their duties or for acts performed in the performance of their duties, shall be punishable by imprisonment from 6 months to 5 years. + Article 240 Usurpation of official qualities The use without right of an official quality, accompanied or followed by the performance of any act related to that quality, is punishable by imprisonment from 6 months to 3 years. + Article 241 The unlawful port of decoration or distinguishing marks The wearing, without right, of decorations, of uniforms or of distinctive signs of a state organ, is punishable by imprisonment from one month to 3 months or with a fine. Wearing, without right, uniforms, degrees or military badges, is punishable by imprisonment from 3 months to 2 years or a fine. If the act provided for in the previous paragraph is enjoyed in time of war, the punishment is imprisonment from one to 5 years. + Article 242 Evading or destruction of documents Evading or destruction of a file, register, document or any other inscription that is in keeping or in possession of an organization from those provided in art. 145, is punishable by imprisonment from 3 months to 3 years. The culpable destruction of any of the documents provided in the previous paragraph, which presents an artistic, scientific, historical, archival or other social value, is punishable by imprisonment from one month to 1 year or with a fine. If the facts provided in par. 1 and 2 are enjoyed by an official or another employee in the exercise of their duties, the maximum penalties provided for in these paragraphs shall be increased by one year. The attempt of the crime provided in 1 is punishable. + Article 243 Breaking of seals The removal or destruction of a legally enforced seal is punishable by imprisonment from one month to 1 year or a fine. If the act was enjoyed by the custodian, the punishment is imprisonment from 3 months to 2 years or fine. + Article 244 Evading from seizure Evading a good that is legally seized is punishable by imprisonment from one month to 1 year or a fine. If the act was enjoyed by the custodian, the sentence is imprisonment from 3 months to 2 years or fine. + Article 245 Fraudulent border crossing Entry or exit from the country through fraudulent border crossing is punishable by imprisonment from 6 months to 3 years. The attempt at the fraudulent exit from the country is punishable. It is considered the attempt and the procurement of means or instruments or the taking of measures, if it results in an unbending manner that the perpetrator aims to cross the border fraudulently. + Title VI CRIMES AFFECTING THE ACTIVITY OF STATE ORGANIZATIONS, PUBLIC ORGANIZATIONS OR OTHER ACTIVITIES REGULATED BY LAW + Chapter 1 SERVICE OFFENCES OR IN CONNECTION WITH THE SERVICE + Article 246 Abuse of office against interests of persons The act of the official who in the exercise of his duties, with science, does not perform an act or defective him and thereby causes an injury to the legal interests of a person, is punishable by imprisonment from 3 months to 2 years or a fine. + Article 247 Abuse of office by restricting some rights The restriction by an official of the use or exercise of the rights of any citizen, or the creation for it of situations of inferiority on the basis of nationality, race, sex or religion, is punishable by imprisonment from 6 months to 5 years. + Article 248 Abuse of office against public interests The act of the official who in the exercise of his duties, with science, does not perform an act or performs it defective and thereby causes a significant disorder to the good gait of an organization from those provided in art. 145 or a damage to the obstesc, is punishable by imprisonment from 6 months to 5 years. The act provided in par. 1, if it had as a result a particularly serious disturbance of the activity of an organization from those provided in art. 145, or produced a damage the importance of the national economy, is punishable by imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth. + Article 249 Service negligence The culpable violation by an official of a duty of service, by not fulfilling it or by fulfilling it defective, if a disturbance was caused to the good gait of an organization from those provided in art. 145, or an injury the importance of the legal interests of a person, or a damage to the public property, is punishable by imprisonment from one month to 2 years or with a fine. The act provided in par. 1, if it had as a result a particularly serious disturbance of the activity of an organization from those provided in art. 145, or produced a damage the importance of the national economy, is punishable by imprisonment from 2 to 10 years. + Article 250 Abusive behaviour The use of offensive expressions towards a person, by an official in the performance of his duties shall be punishable by imprisonment from one month to one year. Strikes or other violence enjoyed under the same conditions are punishable by imprisonment from 3 months to 2 years. + Article 251 Disclosure of secrets regarding public interests Disclosure of the State Secretary, if it does not constitute the offence provided for in art. 169, as well as the disclosure of data or information that although it does not constitute state secrets, are not intended for advertising, if the act is likely to prejudice public interests, it is punishable by imprisonment from 6 months to 5 years. + Article 252 Negligence in the preservation of state secrecy Negligence that has as a result the destruction, alteration, loss or evading of a document constituting state secret, as well as negligence that gave an opportunity to another person to find such a secret, if the act is likely to prejudice the interests of the state, are punishable by imprisonment from 3 months to 3 years. + Article 253 Refusal of return to the country The deed of the Romanian citizen who, having a state commission abroad, does not return to the country at the end of the mission, is punishable by imprisonment from 6 months to 5 years and the prohibition of some rights. The act provided in par. 1, if it is enjoyed by a person having an assignment of public interest abroad, it is punishable by imprisonment from 3 months to 3 years. + Article 254 Taking bribes The act of the official who, directly or indirectly, claims or receives money or other benefits that are not due to him, or accepts the promise of such benefits or does not reject it, in order to fulfill, not fulfill, or to delay the performance of a act regarding his duties, or in order to do an act contrary to such duties, shall be punishable by imprisonment from 3 to 10 years and the prohibition of some rights. The money, values or any other goods that have been subject to bribery shall be confiscated, and if they are not found, the convict is obliged to pay their equivalent in money. + Article 255 Giving bribes The promise, offering or giving money or other benefits, in the ways and purposes shown in art. 254, are punishable by imprisonment from 6 months to 5 years. The act provided for in the preceding paragraph does not constitute a crime when the bribe was coerced by any means by the one who took bribes. The bribe is not punishable if he denounces the authority of the act before the prosecution body was notified for that offence. Art. 254 254 para. 2 apply accordingly, even if the offer was not followed by acceptance. Money, values or any other goods shall be returned to the person who gave them in the cases shown in paragraph. 2 2 and 3. + Article 256 Receipt of undue benefit The receipt by an official, directly or indirectly, of money or other benefits, after fulfilling an act by virtue of his office and which was obliged under it, is punishable by imprisonment from one month to 1 year or with a fine. Money, values or any other goods received are confiscated, and if they are not found, the convict is obliged to pay their equivalent in money. + Article 257 Influence peddling Receiving or claiming money or other benefits, or accepting promises, of gifts, directly or indirectly, for itself or for another, enjoyed by a person who has influence or let it be believed that he has influence over an official or another employee, in order to get him to do or not to do an act that falls into his duties, is punishable by imprisonment from one to 5 years. Art. 256 256 para. 2 2 shall apply accordingly. + Article 258 The facts enjoyed by other employees Art. 248 and 249 regarding officials also apply to other employees, if a damage to the national economy or the national economy has been caused. Also, the provisions of this chapter regarding officials shall apply to other employees, except in the cases provided in par. 1, however, the maximum penalty is reduced by a third. + Chapter 2 OFFENCES PREVENTING THE ACHIEVEMENT OF JUSTICE + Article 259 Calumnous denunciation False accusation made by denunciation or complaint, regarding the enjoyment of a crime by a certain person, is punishable by imprisonment from 6 months to 3 years. The production or ticking of false evidence, in support of an unfair accusation, is punishable by imprisonment from one to 5 years. If the person who has enjoyed the act declares before the setting in motion of the criminal action against the person against whom the denunciation or the complaint was made, or against which the evidence occurred, that the denunciation, the complaint or the evidence are false, punishment is reduced according to art. 76. + Article 260 False testimony The act of the witness who in a criminal, civil, disciplinary or other cause in which witnesses are heard, makes false statements, or does not say everything regarding the essential circumstances on which he was asked, is punishable by prison from one to five years. The act provided for in the preceding paragraph shall not be punishable if, in criminal cases before the arrest of the defendant occurs, or in all cases before a decision has been made or another solution has been given as a result of the testimony The witness withdraws his testimony. If the withdrawal of testimony intervened in criminal cases after the arrest of the defendant occurred or in all cases after a decision was made or after another solution was given as a result of false testimony the court would reduce the sentence. under art. 76. Provisions para. 1 1-3 shall also apply to the expert or the interpreter. + Article 261 Attempt to determine the lying testimony The attempt to cause a person by coercion or corruption to give false statements in a criminal, civil, disciplinary or other cause in which witnesses are heard, is punishable by imprisonment from 3 months to 2 years or a fine. The provisions of the preceding paragraph shall also apply where the act is enjoyed by an expert or an interpreter. + Article 262 Non-denunciation of offences The omission to immediately denounce the enjoyment of any of the crimes provided for in art. 174, 175, 176, 211, 212, 223-226, 229, 231 para. 2 2-4 and art. 276 276 para. 3, is punishable by imprisonment from 3 months to 3 years. The act provided in par. 1, enjoyed by the husband or a close relative, is not punishable. It is not punishable by the person who, before the prosecution for the unreported crime had begun, incunostipiates the competent authorities about that crime or which, even after the prosecution began or after the culprits were discovered, facilitated their arrest. + Article 263 Omission of judicial bodies The act of the official or other employee who is aware of the enjoyment of a crime in connection with the service in which he performs his tasks, omits the immediate referral of the prosecutor or the prosecution body according to the law of criminal procedure, is punishable by imprisonment from 3 months to 3 years. If the act is enjoyed by a person with a leading position in a socialist organization, or by a person with control powers, the sentence is imprisonment from 6 months to 5 years. + Article 264 Favoring the offender Aid given to a felon without a settlement established before or during the enjoyment of the crime, to make it difficult or thwarted to prosecute, trial or execute the sentence, or to provide the offender with the benefit or product crime, is punishable by imprisonment from 3 months to 3 years. If the act provided in par. 1 concerns a person who has enjoyed an offence against the public estate, the sentence is imprisonment from 6 months to 7 years. The punishment imposed on the favorator cannot be greater than the punishment provided by the law for the author. Favoring enjoyed by the spouse or a close relative in the case of crimes provided in art. 233 233 para. 3, 224 para. 3, 225 para. 3, 229 para. 3 and 231 para. 4 is punishable. The limits of the sentence provided in 2 are reduced by half, and in the case of other crimes the favoring is not punishable. + Article 265 Omission to collect judicial bodies The act of not bringing to the attention of judicial bodies of circumstances that, if known, would lead to the establishment of the innocence of a person sent to trial or wrongfully convicted or of the release of a person held in pre-trial detention unjustly, it is punishable by imprisonment from 3 months to 1 year. The act provided for in the preceding paragraph is not punishable if by bringing to the attention, the person who has this obligation would cause injury for her, for her husband or for a close relative. + Article 266 Unlawful arrest and abusive investigation Detention or unlawful arrest, or the submission of a person to the execution of a sentence, safety or educational measures, otherwise than that provided by the legal provisions, shall be punishable by imprisonment from 6 months to 3 years. The use of promises, threats or violence against a person under investigation, criminal investigation or trial, for obtaining statements, is punishable by imprisonment from one to 5 years. With the same punishment is sanctioned and the use of promises, threats or violence towards a witness, expert or interpreter. + Article 267 Subjecting to ill-treatment The submission to ill-treatment of a person in detention, holding or in the execution of a safety or educational measure, is punishable by imprisonment from one to 3 years. + Article 268 Unjust repression The act of setting in motion the criminal action, ordering the arrest, sending to trial or condemning a person, knowing that he is innocent, is punishable by imprisonment from 2 to 7 years. + Article 269 Escape The escape from the legal state of detention or possession is punishable by imprisonment from 6 months to 2 years. If the act is enjoyed by using violence, weapons or other instruments, or by two or more people together, the punishment is imprisonment from one to 5 years. The punishment imposed for the crime of escape is added to the sentence that is executed, without being able to exceed the general maximum of the prison. The attempt is punishable. + Article 270 Facilitating the escape The facilitation by any means of escape is punishable by imprisonment from one to 5 years, and if the act was enjoyed by a person who had the duty to guard the one who escaped, the punishment is imprisonment from 2 to 7 years. Facilitation of escape under the conditions of art. 269 269 para. 2 is punishable by imprisonment from 2 to 8 years, and if the act is enjoyed by a person who had the duty to guard the one who escaped, the sentence is imprisonment from 3 to 10 years. Facilitating the escape of a detained person, arrested or convicted of a crime for which the law provides for a sentence of more than 10 years, is punishable by imprisonment from 3 to 10 years, and if the act is enjoyed by a person who had the duty to guard the one who escaped, the sentence is imprisonment from 3 to 12 years. The facilitation of evadation enjoyed at fault, by a person who had the duty to guard the one who escaped, is punishable by imprisonment from 3 months to 2 years. Attempt at the facts provided in par. 1, 2 and 3 is punishable. + Article 271 Non-compliance with judgments Resisting the execution of a judicial decision by acts of violence or threat to the enforcement body shall be punishable by imprisonment from 6 months to 3 years. Preventing a person from using a home or part of a dwelling or building, held on the basis of a court decision, shall be punished with imprisonment from 3 months to 2 years. If the act provided in par. 2 is enjoyed by threat or violence, the punishment is imprisonment from 6 months to 3 years. Non-compliance with judicial decisions, by evading the execution of the safety measures provided for in art. 112 lit. c and d, is punishable by imprisonment from one month to 3 months or with a fine. + Article 272 Detention or destruction of documents Detention or destruction of a document issued by a prosecution body, by a court or by another jurisdiction body, or by preventing it in any way as a document intended for one of the above-mentioned organs to reach it, when such documents are necessary to solve a case, it is punishable by imprisonment from 3 months to 2 years. + Chapter 3 TRAFFIC SAFETY OFFENCES ON RAILWAYS + Article 273 Failure to perform service duties or their defective performance, at fault Failure to perform service duties or their malfunctioning, at fault, by railway employees, if it could have endangered the safety of the railways ' means of transport, is punishable by imprisonment. from 6 months to 3 years. When the deed provided in the previous paragraph had as a result a disorder in the activity of transport by rail or a railway accident, the sentence is imprisonment from 3 to 7 years, and in the case when a railway catastrophe occurred, the sentence is imprisonment from 5 to 15 years. + Article 274 Failure to comply with the science of service duties or their defective performance Failure to comply with the science of service duties or their faulty performance, by railway employees, if it could endanger the safety of the railways ' means of transport, is punishable by imprisonment. of one to five years. Whether the faulty performance or the failure to perform with the science shown in par. 1 had as a result a disorder in the activity of transport by rail or a railway accident, the punishment is imprisonment from 3 to 10 years, and in the case when a railway catastrophe occurred, the punishment is imprisonment from 10 to 15 years, prohibition of some rights and partial confiscation of wealth. + Article 275 Leaving the station and attending the service drunk Leaving the station, in any way and in any form, by the employees who directly ensure the safety of the traffic of the railways, if this could have endangered the safety of the traffic of the means of transport, punishable by imprisonment from 2 to 7 years. With the same punishment it is sanctioned the exercise of the duties of drunk service by the employees who directly ensure the safety of the movement of the means of transport of the railways. When by the facts provided in the preceding paragraphs there was a disturbance in the activity of transport by rail or a railway accident, the sentence is imprisonment from 5 to 15 years, and in the case when a railway catastrophe occurred, the sentence is imprisonment from 10 to 20 years, prohibition of some rights and partial confiscation of wealth. + Article 276 False destruction and signalling Destruction, degradation or non-use of the railway line or railway installations, or the settlement of obstacles on the railway line, if this could have endangered the safety of the means of transport of the horses Railroad, it is punishable by imprisonment from 3 to 12 years. With the same punishment is sanctioned the enjoyment of false signalling acts or the enjoyment of any other acts likely to mislead the railway staff during the execution of the service, if these facts could have exposed to a danger of accident or railway catastrophe. If the facts provided for in the preceding paragraphs had as a result a disturbance in the transport activity by rail or a railway accident, the sentence is imprisonment from 10 to 15 years, prohibition of some rights and confiscation partial of wealth, and if they have produced a railway catastrophe, the punishment is the death and total confiscation of wealth, or imprisonment from 15 to 20 years, prohibition of some rights and partial confiscation of wealth. The culpable enjoyment of the facts shown in par. 1, 2 and 3 shall be punished in the case of para. 1 and 2 with imprisonment from one to 5 years, and in the case of para. 3, with imprisonment from 3 to 7 years if there was a disorder in the activity of transport by rail or a railway accident, and imprisonment from 10 to 15 years if a railway catastrophe occurred. If any of the facts provided for in this article are enjoyed by an employee of the railways, at the maximum of the sentence provided for the act committed can be added an increase up to 2 years, without being able to exceed the general maximum of the sentence. Attempt at the facts provided in par. 1-3 is punishable. + Article 277 The accident and the railway disaster The railway accident consists in the destruction or degradation of the importance of the rolling stock or other railway installations in the course of the movement or manoeuvre of the means of transport of the railways. The railway disaster consists of derailing, overturning or collapsing a means of transport of the railways, or in producing another such result, as well as in the clash of two means of transport of railways or a means of transport. transport of railways with another vehicle, if there have been particularly serious consequences by the death or injury of the bodily integrity of some persons, or by the destruction or degradation of the means of transport of the railways, railway or goods entrusted for transport. + Article 278 Setting in motion of criminal action Criminal action for the facts provided in art. 273 273 para. 1, 274 para. 1 and 275 para. 1 and 2 shall be set in motion only upon referral to the competent bodies of the railways. + Chapter 4 OFFENCES RELATING TO THE REGIME ESTABLISHED FOR CERTAIN ACTIVITIES COVERED BY THE LAW + Article 279 Non-compliance with arms and ammunition Possession, port, manufacture, transport, as well as any operation on the movement of weapons and ammunition or the operation of arms repair shops, without right, shall be punished with imprisonment from 6 months to 5 years. With the same punishment is sanctioned the non-submission of the weapon or ammunition within the term fixed by law to the competent body, by the one who was rejected the request for the extension of the validity of the permit. It is punishable by imprisonment from 2 to 7 years: a) possession, estrangement or port, without right, of concealed weapons or military weapons, as well as ammunition for such weapons; b) the holding, estrangement or port, without right, of several weapons except as provided for in point a, as well as of the weapons of panoply, or of the respective ammunition in large quantities; c) the port of arms, without right, in the place of state or public organizations, at public meetings or in elections venues. + Article 280 Failure to comply with explosive or radioactive Manufacture, processing, possession, transport, use or any operation on the movement of explosive or radioactive material, without right, shall be punished with imprisonment from 6 months to 5 years. + Article 281 Exercising without the right of a profession Exercising without right a profession or any other activity for which the law requires authorization, or their exercise under conditions other than legal ones, if the special law provides that the enjoyment of such acts is sanctioned according to criminal law, is punishable by imprisonment from one month to 1 year or fine. + Title VII OFFENCES OF FORGERY + Chapter 1 COUNTERFEITING OF STAMPS OR OTHER VALUES + Article 282 Counterfeiting of coins or other values Counterfeiting of metallic currency, paper currency, public credit securities, cheques, securities of any kind for making payments, issued by the banking institution or other competent credit institutions, or the falsification of any other securities or Similar values, it is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. With the same punishment, the putting into circulation, in any way, of falsified values shown in the preceding paragraph, or their possession for circulation, shall be sanctioned. If the facts provided for in the preceding paragraphs could have caused an important damage to the financial system, the sentence is imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth, and if they caused an important damage financial system, the sentence is imprisonment from 10 to 20 years, prohibition of some rights and partial confiscation of wealth. The attempt is punishable. + Article 283 Falsification of stamps, marks or transport tickets Falsification of stamps, postage stamps, postal envelopes, postcards, tickets or travel or transport sheets, international response coupons, or the putting into circulation of such falsified values, is punishable by imprisonment from 6 months to 5 years. The attempt is punishable. + Article 284 Falsifying foreign values The provisions contained in this chapter shall also apply if the offence concerns coins or stamps of other states or other foreign values. + Article 285 Possession of instruments for the falsification of values Manufacture or possession of instruments or materials in order to serve to falsify the values or titles listed in art. 282-284 is punishable by imprisonment from 6 months to 5 years. + Chapter 2 FALSIFICATION OF AUTHENTICATION OR MARKING INSTRUMENTS + Article 286 Falsifying official Falsification of a seal, stamp or marking tool to which the organisations referred to in Article 2 are used. 145 is punishable by imprisonment from 6 months to 3 years. The attempt is punishable. + Article 287 Using false official tools Use of false tools shown in art. 286 is punishable by imprisonment from 3 months to 3 years. The use without right of a seal or stamp with the coat of arms of the country is punishable by imprisonment from 3 months to 2 years. + Chapter 3 FORGERIES IN DOCUMENTS + Article 288 False material in official documents The falsification of an official inscription by counterfeiting the writing or underwriting or by altering it in any way, likely to produce legal consequences, is punishable by imprisonment from 3 months to 3 years. The forgery provided in the previous paragraph, enjoyed by an official or another employee in the performance of his duties, shall be punished with imprisonment from 6 months to 5 years. Tickets, tickets or any other printed matter producing legal consequences are assimilated with official documents. The attempt is punishable. + Article 289 Intellectual forgery Falsification of an official document on the occasion of its preparation, by an official or other employee in the exercise of his duties, by attesting to facts or circumstances improper to the truth, or by omission with science to insert some data or circumstances, is punishable by imprisonment from 6 months to 5 years. The attempt is punishable. + Article 290 Forgery in documents under private signature Falsifying a document under private signature through any of the ways shown in art. 288, if the perpetrator uses the falsified document or entrusts it to another person for use, in order to produce a legal consequence, it is punishable by imprisonment from 3 months to 2 years. The attempt is punishable. + Article 291 The fake use The use of an official document or under private signature, knowing that it is false, in order to produce a legal consequence, is punishable by imprisonment from 3 months to 3 years when the registration is official, and with imprisonment from 3 months to 2 years or with fine when the registration is under private signature. + Article 292 False statements Improper declaration of the truth made to an organization from those provided in art. 145, in order to produce a legal consequence, for itself or for another, when according to the law or circumstances the statement made serves to produce that consequence, it is punishable by imprisonment from 3 months to 2 years. + Article 293 False identity Presentation under a false identity or assignment of such identity to another person, in order to mislead or maintain an organization from those provided in art. 145, in order to produce a legal consequence, for itself or for another, it is punishable by imprisonment from 3 months to 3 years. With the same punishment is sanctioned the entrustment of a document that serves to prove the civil status or for legitimation or identification, to be used without right. + Article 294 False by using the Red Cross emblem Use without right of the emblem or the name "Red Cross" or of an emblem or names assimilated to it, as well as the use of any sign or name that constitutes an imitation of any such emblem or names, if the act of caused material damage, is punishable by imprisonment from one month to 1 year. If the act is enjoyed in time of war, the punishment is imprisonment from one to 5 years. + Title VIII OFFENCES UNDER THE REGIME ESTABLISHED FOR CERTAIN ECONOMIC ACTIVITIES + Article 295 Specula Enjoying one of the following facts: a) the purchase for the purpose of reselling industrial or agricultural products which according to the legal provisions may not be the subject of particular trade; b) the purchase of industrial or agricultural products, for processing purposes in order to be resold, if what would result from the processing cannot, according to the legal provisions, be the subject of particular trade; c) the exercise of trade without authorization, as a occupation; d) the giving of money with interest as an occupation or with a higher interest than the legal one, as well as the reception of interest at the interest, is punishable by imprisonment from 6 months to 5 years. + Article 296 Deception in measurement Cheating by using an inexact measuring instrument, or by fraudulent use of an exact measuring instrument, is punishable by imprisonment from 3 months to 3 years. The attempt is punishable. + Article 297 Cheating on the quality of goods Falsification or substitution of goods or any other products, as well as the exposure to sale or sale of such goods, knowing that they are falsified or substituted are punishable by imprisonment from 6 months to 3 years. If goods or products have become, by falsification or substitution, harmful to health, the provisions of art. 313. The attempt is punishable. + Article 298 Disclosure of data or information that is not intended for advertising, by the one who knows them due to their duties, if the act is likely to cause damage to the public property, is punishable by prison from 2 to 7 years. If the act provided for in the previous paragraph is enjoyed by another person, whatever the way he came to know the data or information, the punishment is imprisonment from 6 months to 5 years. + Article 299 Counterfeiting of an invention Counterfeiting or use, without right, of the object of an invention is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 300 Putting in circulation counterfeit products The putting into circulation of products made as a result of counterfeiting or use, without right, of the object of an invention is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 301 Unfair competition Manufacture or entry into circulation of products bearing designations of origin or indications of false origin, as well as application on products put into circulation by false claims concerning patents of inventions, or the use of trade names or the names of trade or industrial organizations, in order to mislead the beneficiaries, shall be punished with imprisonment from one month to 2 years or with a fine. + Article 302 Failure to comply with import or export operations Carrying out, without authorization, any acts or acts that according to the legal provisions are considered import, export, or transit operations, shall be punished with imprisonment from 2 to 7 years and partial confiscation of wealth. + Title IX OFFENCES AFFECTING RELATIONS CONCERNING SOCIAL COEXISTENCE + Chapter 1 CRIMES AGAINST THE FAMILY + Article 303 Bigamy The conclusion of a new marriage by a married person is punishable by imprisonment from one to 5 years. The unmarried person who marries a person she knows married is punishable by imprisonment from 6 months to 3 years. The facts provided for in this Article shall not be sanctioned if the first or second marriage is declared void for any other reason than bigamy. + Article 304 Adultery The act of the married person to have sexual relations outside of marriage is punishable by imprisonment from one month to 6 months or a fine. The criminal action is set in motion to the prior complaint of the innocent husband. The innocent spouse may ask for any termination of the prosecution or criminal proceedings, and after the final stay of the decision, the termination of the execution of the sentence. The proof of adultery can be done only by the minutes of finding the flagrant crime or by letters emanating from the guilty spouse. The prosecution or the criminal trial also ceases in case of death of the husband who made the complaint, as well as in case of annulment of the marriage of the guilty husband The prosecution cannot begin if the act was committed after the exhortation or encouragement of the other spouse, or if the marital life was interrupted in fact and the spouses lived apart. Art. 27 27 are not applicable. + Article 305 Family abandonment The enjoyment 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 obligations provided by law; c) non-payment in bad faith, for 2 months, of the maintenance pension established by court, shall be punished, in the cases provided in lett. a and b with imprisonment from 3 months to 2 years, and in the case provided in letter c, with imprisonment from 6 months to 3 years. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. If the parties have not reconciled, but in the course of the judgment the defendant fulfils his obligations, the court, in the case when he determines the guilt pronounces against the defendant a conviction with conditional suspension of the execution of the sentence, even if met the conditions laid down in Article 81. Revocation of the conditional suspension shall take place only if, during the trial period, the convict relishes the crime of family abandonment again. + Article 306 The ill-treatment of the minor Putting in serious distress by measures or treatments of any kind, the physical, intellectual or moral development of the minor, by the parents or by any person to whom the minor has been entrusted for growth and education, is punishable by imprisonment from one to five years. + Article 307 Non-compliance with the measures The detention by a parent of his minor child, without the consent of the other parent or person to whom the minor was entrusted according to the law, if the child's growth and education were received, is punishable by imprisonment from a month at 3 months or with a fine. With the same punishment is sanctioned the act of the person who was entrusted the minor by judicial decision, to increase and educate, to repeatedly prevent any of the parents from having personal connections with the minor, under the conditions established by the parties or by the competent body. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Chapter 2 PUBLIC HEALTH OFFENCES + Article 308 Thwarting disease control Failure to comply with measures regarding the prevention or control of infectious diseases, if it had as a result the spread of such a disease, is punishable by imprisonment from one month to 2 years. + Article 309 Venereal contamination The transmission of a venereal disease through sexual intercourse, through sexual intercourse between persons of the same sex, or through acts of sexual perversion, by a person who knows that he suffers from such a disease, is punishable by imprisonment from 6 months to 3 years. + Article 310 Spreading disease in animals or plants Failure to comply with measures to prevent or combat infectious diseases in animals or plants or pests, if it had as a result the spread of such disease or pests, or other serious consequences, is punishable by imprisonment of one month to 1 year or a fine. + Article 311 Water infection Infection by any means of water sources or networks, if it is harmful to the health of people, animals or plants, is punishable by imprisonment from one month to 1 year or a fine. + Article 312 Traffic of narcotics Production, possession or operation of the movement of products or narcotic or toxic substances, cultivation for the processing of plants containing such substances, or the experimentation of toxic products or substances, all these without right, are punishable by imprisonment from 6 months to 5 years. With the same punishment is sanctioned the prescribing by the doctor, without the need, of drugs or narcotic substances, as well as the organization or forbearance of consumption of such products or substances, in certain places. + Article 313 Falsification of food or other products Preparation of food or falsified beverages, altered or prohibited for consumption, harmful to health, exposure to sale or sale of such food or beverages knowing that they are falsified or altered or prohibited for consumption, se I've been punishing you for six months for five years. With the same punishment, the falsification or substitution of other goods or products is sanctioned, if by falsification or substitution they have become harmful to health. Putting into public consumption of meat or meat products, from animal pruning had stolen veterinary control, if it had as a result the illness of a person, is punishable by imprisonment from one to 5 years. + Chapter 3 OFFENCES RELATING TO THE ASSISTANCE OF THOSE IN DISTRESS + Article 314 Endangering a person in the helplessness of caring for themselves Leaving, banishing or leaving without aid, in any way, a child or a person who has no power to care, by the one who has it under guard or care, endangering his life, health or bodily integrity, in imminent danger, are punishable by imprisonment from 3 months to 3 years. It is defended by the punishment the person who, after enjoying the act, willingly resumes his duties. + Article 315 Leaving without help The omission to give the necessary help or to notify the authority, by the one who has found a person whose life, health or bodily integrity is in distress and who is deprived of his ability to save himself, is punishable by imprisonment from a month to one year or fine. + Article 316 Leaving without help by omission of notice Failure to notify the authority by the one who finds an abandoned or lost person, who needs help, being endangered his life, health or bodily integrity, is punishable by imprisonment from one month to 6 months or a fine. + Chapter 4 OTHER OFFENCES AFFECTING RELATIONS CONCERNING SOCIAL COEXISTENCE + Article 317 Nationalist-falcon propaganda Nationalist-falcon propaganda, atiting hatred of race or national, if the act does not constitute the crime provided in art. 166, is punishable by imprisonment from 6 months to 5 years. + Article 318 Preventing freedom of worship Preventing or disturbing the freedom to exercise any religious cult, which is organized and operates according to the law, is punishable by imprisonment from one month to 6 months or a fine. With the same punishment is sanctioned the act of obliging a person, by coercion, to participate in the religious services of any cult, or to perform a religious act related to the exercise of a cult. + Article 319 Desecration of tombs Desecration by any means of a grave, a monument or a funeral home or a corpse, is punishable by imprisonment from 3 months to 3 years. + Article 320 Home use disorder The act repeatedly disturbs the use of the dwelling of the residents in a building, or by which the normal use of the home is prevented, is punishable by imprisonment from 3 months to 2 years or with a fine. The criminal action is set in motion to the prior complaint of the injured person. Reconciliation of the parties removes criminal liability. + Article 321 The ultrage against good morals and public nuisance The act of the person who, in public, savor acts or gestures, proferes words or expressions, or indulge in any other manifestations affecting good morals or public scandal occurs, is punishable by imprisonment from 3 months to 2 years. If by deed provided in par. 1 the public peace was seriously disturbed, the punishment is imprisonment from 6 months to 5 years. + Article 322 Brawl Participation in a brawl between several people is punishable by imprisonment from one month to 6 months or a fine. If in the course of the brawl a serious injury was caused to the bodily integrity or health of a person, the one who enjoyed this act is punishable for the crime savirsita, the maximum of which is reduced by one year. The other participants in the brawl shall be punished with the punishment provided in 1. In the case provided in par. 2, if it is not known which of the participants enjoyed the facts shown in that paragraph, it applies to all imprisonment from 6 months to 5 years for the act of injury to bodily integrity or health. If the death was caused, the sentence is imprisonment from 3 to 10 years. It is not punishable by the one who was caught in the brawl against his will, or who tried to separate others, to reject an attack or to defend another. + Article 323 Association for the enjoyment of crimes The act of associating or initiating the constitution of an association for the purpose of enjoying one or more crimes, other than those shown in art. 167, or the accession or support in any form of such association, shall be punished with imprisonment from 6 months to 5 years, without being able to exceed the punishment provided by law for the crime that enters for the purpose of association. If the act of association was followed by the enjoyment of a crime, it applies to those who have enjoyed the respective crime the punishment for that crime, in the contest with the punishment provided in par. 1. The persons referred to in paragraph shall not be punished. 1, which denounces the authorities the association before it was discovered and to have started the enjoyment of the crime that enters for the purpose of the association. + Article 324 Public instigation and condoning of crimes The act of urging the public by grai, written or by any other means, not to comply with the laws, or to enjoy acts constituting crimes, is punishable by imprisonment from 3 months to 3 years, without being able to exceed the punishment provided by law for the offence to the enjoyment of which he instigated. If the public instigation had as a result the enjoyment of the crime to which it was instigated, the punishment is the one provided by law for that crime. Public wearing of a uniform, emblems, badges or other such unauthorised distinctive signs, for the purposes shown in paragraph 1, is punishable by imprisonment from 3 months to 3 years. With the same punishment is sanctioned the public praise of those who have enjoyed crimes or crimes enjoyed by them. + Article 325 Spread of obscene materials The deed to sell or spread, as well as to make or hold in order to spread, objects, drawings, writings or other materials of an obscene character, is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 326 Cersetoria The act of the person who, having the ability to work, repeatedly appeals to the mercy of the public, asking for material help, is punishable by imprisonment from one month to 3 years. + Article 327 Vagrancy The act of the person who does not have a steadfast dwelling and no means of living and who, although he has the ability to work, does not ordinarily exercise an occupation or profession, or does not perform any other work for his maintenance, is punishable by imprisonment from one month to 3 years. + Article 328 Prostitution The act of the person who procure his means of existence or the main means of existence, practicing for this purpose sexual relations with different persons, is punishable by imprisonment from 3 months to 3 years. + Article 329 Pimping Urging or coercing into prostitution, or facilitating the practice of prostitution, or drawing benefits from the practice of prostitution by a person, as well as recruiting a person for prostitution, or human trafficking this year. purpose, are punishable by imprisonment from one to 5 years and prohibition of some rights. If the act provided in par. 1 is enjoyed against a minor or presents another serious character, the punishment is imprisonment from 3 to 10 years and the prohibition of some rights. The attempt is punishable. + Article 330 Organizing or allowing gambling for the public, without authorization, is punishable by imprisonment from 3 months to 2 years or with a fine. With the same punishment is sanctioned the organization or the usual indulgence of gambling, in a private house, in order to achieve material benefits. + Title X CRIMES AGAINST ROMANIA ' S DEFENSE CAPACITY + Chapter 1 CRIMES COMMITTED BY THE MILITARY + Section 1 Crimes against military order and discipline + Article 331 Unjustified absence The unjustified absence from the unit or service, which exceeded 24 hours but not more than 3 days, of the military, in term or focused, up to the rank of sergeant inclusive, is punishable by imprisonment from 3 months to 1 year. The punishment imposed on the military in the term is executed in a disciplinary military unit. In time of war, the unjustified absence of any military from unity or service, which exceeded 4 hours but not more than 24 hours, is punishable, with imprisonment from one to 5 years. + Article 332 Desertion The unjustified absence from the unit or service, which exceeds 3 days, to any military, is punishable by imprisonment from one to 7 years. In time of war, the unjustified absence of any military from unity or service, which has exceeded 24 hours, is punishable by imprisonment from 3 to 12 years. + Article 333 Calcation of the mark The ironing of the rules of the guard, guard, accompanying or security service, is punishable by imprisonment from 3 months to 1 year. With the same punishment is sanctioned and leaving the order or any other post by the military. The calming of the record by the sentry in service of guard or guard by the warehouses of weapons, ammunition or explosive materials, at the border or in other posts of a special military or state interest, or if the act could have been Serious consequences, it is punishable by imprisonment from one to 5 years. The above facts savirsite in time of war are punishable by imprisonment from 3 to 12 years. + Article 334 Insubordination The refusal to execute an order on duty of duty shall be punishable by imprisonment from 6 months to 2 years. If the act is enjoyed by an officer, a military foreman or petty officer, two or more soldiers together, or in front of the band gathered, or if the act has serious consequences, the punishment is imprisonment from one to 5 years. In time of war, the punishment for the act provided in par. 1 is imprisonment from 2 to 7 years, and for the act provided in par. 2, from 3 to 12 years old. + Article 335 Hitting or insulting the superior The striking of the superior by the lower or the boss by the subordinate is punishable by imprisonment from 3 months to 2 years. If the hit is found in the exercise of his duties, the sentence is imprisonment from one to 5 years. The insult of the superior by the lower or the boss by the subordinate is punishable by imprisonment from one month to 1 year. If the above facts are enjoyed in times of war, the maximum of penalties increases by 2 years. + Article 336 Hitting or insulting the inferior Hitting the inferiors or subordinate by the superior or chief is punishable by imprisonment from one month to 1 year. The insult of the inferiors or subordinate by the superior or chief is punishable by imprisonment from one month to 6 months. Provisions of paragraph 1 and 2 do not apply in time of war, if the facts were determined by a military necessity. + Article 337 Setting in motion of criminal action The criminal action for the offences in this section shall be set in motion only upon referral to the master. + Section 2 Crimes on the battlefield + Article 338 Surrender Surrender in the hands of the enemy by the commander of the military forces he commands, leaving in the hands of the enemy, destroying or bringing in a state of non-use by the commander of the means of combat or other means necessary for the conduct of the war, without it being determined by the fighting conditions, are punishable by the death and total confiscation of wealth, or with imprisonment from 15 to 20 years, the prohibition of some rights and the total confiscation of wealth. The attempt is punishable. + Article 339 Leaving the battle field Leaving the battlefield or refusing to act, enjoyed during the fight, or teaching in captivity, or enjoying other such facts of nature to serve the cause of the enemy, is punishable by the death and total seizure of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and total confiscation of wealth. The attempt is punishable. + Section 3 Aviation and military navy specific offences + Article 340 Unauthorised flight The flight with an aircraft belonging to the armed forces of the Romanian state, without prior authorization, as well as non-compliance with flight rules, if this endangers the security of flight in the airspace or aircraft, are punishable by imprisonment from 3 months to 2 years. If the act provided for in the previous paragraph caused serious consequences, the punishment is imprisonment from one to 5 years, and if it caused a disaster, the punishment is imprisonment from 5 to 15 years and the prohibition of some rights. + Article 341 Ship leaving Leaving a military ship in case of a shipwreck, by the commander, before having exercised his duties, as well as by any person belonging to the crew of the ship, without the order of the commander, shall be punished with imprisonment from 6 months to 5 years. The same act enjoyed in time of war is punishable by the death and total confiscation of wealth, or with imprisonment from 15 to 20 years, the prohibition of some rights and the total confiscation of wealth. + Article 342 Leaving command Leaving the order by the commander of a ship or a group of military ships, in situations that could have endangered the ship or military ships or their crew, is punishable by imprisonment from 2 to 7 years. If leaving the order was enjoyed during the fight, by the commander of a ship or a group of military ships, the punishment is the death and total seizure of wealth, or imprisonment from 15 to 20 years, the prohibition of some rights and total confiscation of wealth. + Article 343 Failure to take the necessary measures in naval operations The deed of the commander of a military ship or groups of military ships that without being stopped by any order, or without being prevented by the special mission he had, does not take the necessary measures to attack, to fight against the enemy, to help a the ship of the Romanian state or of an allied country pursued by the enemy or engaged in combat, or does not take the necessary measures to destroy an enemy convoy, or does not follow the enemy's warships or trade, shall be punished with death and confiscation total wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and total confiscation of Fortunes. + Article 344 Lowering the pavilion The descent of the pavilion during the fight, in order to serve the cause of the enemy, enjoyed by the commander of a military ship or a group of military ships, as well as by any other person craft, is punishable by death and total confiscation of wealth, or with imprisonment from 15 to 20 years, prohibition of some rights and total confiscation of wealth. + Article 345 Collision The act of the master of a military vessel or any person on board the ship, which caused, at fault, a collision or the putting on land of the ship, if the act resulted in serious damage to the ship or other serious consequences, shall be punishable by prison from 6 months to 3 years. If the act provided for in the preceding paragraph was savoured with intent, the sentence is imprisonment from 5 to 20 years, prohibition of some rights and partial confiscation of wealth. In time of war, the act provided in par. 2 is punishable by the death and total confiscation of wealth, or imprisonment from 15 to 20 years, the prohibition of some rights and the total confiscation of wealth. + Article 346 Sanctioning the attempt The attempted crimes provided in art. 340, 341, 342, 344 and 345 para. 2 and 3 is punishable. + Article 347 Aircraft offences Art. 341 341-346 shall also apply in respect of military aircraft. + Chapter 2 CRIMES COMMITTED BY THE MILITARY OR CIVILIANS + Article 348 Evading military service The act of the person who causes injury to bodily integrity or health, simulates an illness or infirmity, uses false documents or any other means, in order to evade military service, is punishable by imprisonment from 6 months to 5 years, and in time of war with imprisonment from 3 to 10 years. The criminal action is set in motion only when the commander is notified. + Article 349 Defeatism Spreading or publishing in time of war of rumors or false, exaggerated or tendentious information relative to the economic and political situation of the country, to the moral state of the population in connection with the declaration and the going of war, as well as the savor other such acts likely to weaken the moral resistance of the population, are punishable by imprisonment from 5 to 15 years and the prohibition of some rights. + Article 350 Robbing the fallen on the battlefield Looting on the battlefield of the dead or wounded by objects on them is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. With the same punishment is sanctioned the act shown in the previous paragraph, which, without being enjoyed on the battlefield, is the result of war operations. + Article 351 Using the Red Cross emblem during military operations The use, without right, in time of war and in connection with military operations, the emblem or the name of "Red Cross" or those assimilated to it, is punishable by imprisonment from 3 to 7 years. + Article 352 Evading military requisitions Unjustified refusal to make available to the armed forces the requisitioned legal goods, evading from the fulfillment of these obligations, or the non-declaration to the census of the goods subject to requisition, shall be punished with imprisonment from 3 months to 2 years. If the act is enjoyed in times of war, the punishment is imprisonment from 6 months to 5 years. + Chapter 3 CRIMES COMMITTED BY CIVILIANS + Article 353 Evading from recruitment Evading from recruitment in peacetime is punishable by imprisonment from one month to 3 months or a fine. Evading from recruitment in time of war is punishable by imprisonment from one to 5 years. + Article 354 Failure to submit to incorporation or concentration Failure to submit to incorporation or concentration within 3 days from the premises, and if the fixed presentation deadline is more than 3 days, failure to present at this term the one called by the military authority, shall be punished with imprisonment from One to five. With the same punishment is sanctioned the failure to present those incorporated or concentrated at the unit to which they were assigned. In time of mobilization or war, as well as in case of urgent call, expressly provided for in the order of call, the deadlines for presentation will be those specified in the order. In case of no-show, the sentence is imprisonment from 3 to 10 years. The time limits for the presentation set out in the preceding paragraphs shall be increased by 10 days where those called are abroad. + Article 355 Setting in motion of criminal action The criminal action for the offences provided for in this chapter shall be set in motion only upon referral to the commander. + Title XI CRIMES AGAINST PEACE AND MANKIND + Article 356 Propaganda for war Propaganda for war spreading tendentious or invented news, likely to serve atitaries to war, or any other manifestations in favor of unleashing a war, enjoyed through grai, writing, radio, television, cinema or through. other such means, are punishable by imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth. + Article 357 Genocide Enjoyment in order to destroy in whole or in part a collective or a national, ethnic, racial, or religious group, of any of the following facts; a) the killing of members of the collective or group; b) serious harm to the physical or mental integrity of the members of the collective or group; c) subjecting the collectivity or group to conditions of existence or treatment of nature to lead to physical destruction; d) taking measures aimed at preventing births in the field of collectivity or group; e) the forced transfer of children belonging to a community or group, in another community or in another group, is punishable by the death and total confiscation of wealth, or with imprisonment from 15 to 20 years, the prohibition of some rights and partial seizure of wealth. If the act is enjoyed in time of war, the punishment is death and total confiscation of wealth. The understanding in order to enjoy the crime of genocide is punishable by imprisonment from 5 to 15 years, the prohibition of some rights and the partial confiscation of wealth. + Article 358 Non-human treatments Submission to non-human treatments of the injured or sick, members of the civil health personnel or of the Red Cross or of the organizations assimilated to it, the shipwrecks, prisoners of war and in general of any other fallen person under the power of the opponent, or their submission to medical or scientific experiences that are not justified by a medical treatment in their interest, is punishable by imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of Fortunes. With the same punishment is sanctioned the enjoyment of the persons shown in the previous paragraph of any of the following facts: a) constraining to serve in the armed forces of the adversary; b) taking hostages; c) deportation; d) dislocation or deprivation of liberty without legal basis; e) conviction or execution without prior judgment carried out by a court legally constituted and to be tried in compliance with the fundamental judicial guarantees provided by law. Torture, mutilation or extermination of those provided in par. 1 is punishable by the death and total confiscation of wealth, or imprisonment from 15 to 20 years, the prohibition of some rights and the partial confiscation of wealth. If the facts provided for in this article are enjoyed in time of war, the punishment is the death and total confiscation of wealth. + Article 359 Destruction of some objectives and appropriation of goods Destruction in whole or in part; a) of buildings, of any other construction or of vessels serving hospitals; b) means of transport of any kind affected to a health or Red Cross service, or of organizations assimilated to it for the transport of injured, sick, sanitary materials or Red Cross materials or organizations assimilated to the c) of the deposits of sanitary materials, if all these bear the distinctive regulatory signs, shall be punished with imprisonment from 5 to 15 years, prohibition of some rights and partial confiscation of wealth. With the same punishment is sanctioned the appropriation in any form, unjustified by a military necessity and savirsied in large proportions, of means or materials intended for the aid or care of wounded or sick fallen under the power Opponent. It is also thus sanctioned the destruction in whole or in part, or the appropriation in any form, unjustified by any military necessity and saviour in large proportions, of any other goods. + Article 360 Destruction, looting or appropriation of cultural values Destruction in any form, without military necessity, of monuments or constructions that have an artistic, historical or archaeological value, of museums, large libraries, archives of historical or scientific value, works of art, manuscripts, books of value, scientific collections or important collections of books, archives, or reproductions of the above goods and generally of any cultural values of the peoples, shall be punishable by imprisonment from 5 to 15 years, prohibition of some rights and partial seizure of wealth. With the same punishment is sanctioned looting or appropriation in any form of any of the cultural values shown in this article, from the territories under military occupation. + Article 361 Sanctioning the attempt, concealment and favoring The attempted offences set out in this Title shall be punished. Concealment and favoring regarding the crimes in this title are punishable by imprisonment from 3 to 10 years. Concealment and favoring enjoyed by the spouse or a close relative in the case of the crimes provided in art. 357 and 358 para. 3 and 4 are punishable. The limits of the sentence provided in 2 are reduced by half, and in the case of other crimes, concealment and favoring are not punishable. FINAL PROVISIONS + Article 362 The provisions of the general part of this code also apply to the facts sanctioned by special laws, unless the law has so. + Article 363 This Code shall enter into force on 1 January 1969. This law was voted by the Grand National Assembly on June 21, 1968, with the unanimity of the votes of the 432 deputies present at the meeting. President of the Great National Assembly, STEFAN VOITEC Bucharest, June 21, 1968. No. 15. According to the provisions of art. 57 of the Constitution of the Socialist Republic Romania we sign this law. President of the State Council, NICOLAE CEAUSESCU Bucharest, June 21, 1968. -----