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Law No. 169 Of 10 April 2002 On Amending And Supplementing The Criminal Code, The Criminal Procedure Code And The Special Laws

Original Language Title:  LEGE nr. 169 din 10 aprilie 2002 privind modificarea şi completarea Codului penal, a Codului de procedura penală şi a unor legi speciale

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LEGE no. 169 169 of 10 April 2002 amending and supplementing the Criminal Code, the Code of Criminal Procedure and special laws
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 261 261 of 18 April 2002



The Romanian Parliament adopts this law + Article 1 Criminal Code of Romania, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 44, after paragraph 2, paragraph 2 is inserted with the following contents: " It is presumed that it is in self-defense, and the one who performs the act to reject the unrighteous penetration of a person through violence, cunning, burglary or other such means, in a dwelling, room, dependency or unfenced place. holding them. " 2. In Article 53, paragraph 1, letter c) shall read as follows: "c) fine from 1,000,000 lei to 500,000,000 lei." 3. In Article 63, paragraphs 2 and 3 shall read as follows: " Whenever the law provides that a crime is punishable only by a fine, without showing its limits, its special minimum is 1,500,000 lei, and the maximum of 100,000,000 lei. When the law provides for the punishment of the fine without showing its limits, alternately with the prison sentence of no more than one year, the special minimum of the fine is 3,000,000 lei and the special maximum of 150,000,000 lei, and when it provides for the punishment of the alternative fine with prison sentence of more than one year, the special minimum is 5,000,000 lei and the special maximum of 300,000,000 lei. " 4. In Article 76 (1), points e) and f) shall read as follows: " e) when the special minimum of the prison sentence is 3 months or higher, the sentence is reduced below this minimum, up to the general minimum, or a fine is applied that cannot be less than 2,500,000 lei, and when the special minimum is below 3 months, the apply a fine that cannot be less than 2,000,000 lei; f) when the punishment provided by the law is fine, it falls below its special minimum, and it can be reduced up to 1.500.000 lei if the special minimum is 5,000,000 lei or higher, or up to the general minimum, when the special minimum is below 5.000.000 5.000.000 lei. " 5. Article 182 shall read as follows: " Serious bodily injury Art. 182. -The act by which the bodily integrity or health was caused an injury that requires for healing medical care more than 60 days, is punishable by imprisonment from 2 to 7 years. If the act has produced any of the following consequences: the loss of a sense or organ, the cessation of their functioning, a permanent physical or mental infirmity, the sluggishness, the abortion, or the endangerment of the person's life, to 10 years. When the act was committed in order to produce the consequences provided in par. 1 and 2, the sentence is imprisonment from 3 to 12 years. The attempted deed provided in par. 3 is punishable. " 6. In Article 184, paragraphs 1 and 2 shall read as follows: " The deed provided in art. 180 180 para. 2 and 2 ^ 1, which caused an injury that requires for healing medical care greater than 10 days, as well as that provided in art. 181, committed at fault, are punishable by imprisonment from one month to 3 months or with a fine. If the act had any of the consequences provided in art. 182 182 para. 1 or 2, the sentence is imprisonment from 3 months to 2 years or fine. " 7. In Article 184, paragraph 4 shall be inserted after paragraph 4 with the following contents: " If the facts provided in par. 3 and 4 are committed by a person who is drunk, the sentence is imprisonment from one to 3 years, in the case of para. 3, and imprisonment from one to 5 years, in the case of para. 4 4. " 8. Article 189 shall read as follows: " Illegal lack of freedom Article 189. -An illegal person's lack of freedom is punishable by imprisonment from 3 to 10 years. If the act is committed by simulating official qualities, by kidnapping, by an armed person, by two or more persons together or if in exchange for release is required a material use or any other advantage, as well as in the case of which the victim is minor or is subject to suffering or health or life is endangered, the sentence is imprisonment from 7 to 15 years. With the prison sentence of 7 to 15 years, the deprivation of liberty of a person committed in order to oblige him to practice prostitution is also sanctioned. If for the release of the person it is required, in any way, that the state, a legal person, an intergovernmental international organization or a group of persons meet or fail to perform a certain act, the sentence is imprisonment from 7 to 18 18 years. If the facts provided in par. 1-4 are committed by a person who is part of an organized group, the punishment is imprisonment from 5 to 15 years, in the case of para. 1, imprisonment from 7 to 18 years, in the case of para. 2 and 3, imprisonment from 10 to 20 years, in the case of para. 4. If the act resulted in the death or suicide of the victim, the sentence is imprisonment from 15 to 25 years. The attempted facts provided in par. 1-4 is punishable. It constitutes the attempt and production or procurement of means, instruments or taking measures in order to commit the act provided in par. 4 4. " 9. In Article 192, paragraphs 1 and 2 shall read as follows: " 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, shall be punished with imprisonment from 6 months to 4 4 years. If the act is committed by an armed person, two or more persons together, during the night or by use of false qualities, the punishment is imprisonment from 3 to 10 years. " 10. In Article 211, paragraph 2 shall read as follows: " The Talharia committed in the following circumstances: a) by a masked person, disguised or transvestite; b) during the night; c) in a public place or in a means of transport, is punishable by imprisonment from 5 to 20 years. " 11. In Article 211, after paragraph 2, paragraph 2 is inserted with the following contents: " The sentence is imprisonment from 7 to 20 years, if the robbery was committed: a) two or more persons together; b) a person carrying a weapon, a narcotic or paralyzing substance; c) in a dwelling or in its dependencies; d) during a calamity; e) had any of the consequences shown in art. 182 182. " 12. Article 272 shall read as follows: " Withholding or destruction of documents Article 272. -The detention or destruction of a document issued by a prosecution body, by a court of law or by another organ of jurisdiction, or preventing in any way that a document intended for one of the above-mentioned organs reaches it, when such documents are necessary to solve a case, it is punishable by imprisonment from 6 months to 3 years. " 13. In Article 279, paragraphs 1 and 3 shall read as follows: " 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 punishable by imprisonment from 2 to 8 years. .............................................................. It is punishable by imprisonment from 3 to 10 years: a) possession, estrangement or port, without right, of concealed weapons or military weapons, as well as ammunition for such weapons; b) possession, estrangement or port, without right, of several weapons except those provided for in alit. a), as well as the panoply weapons, or the respective ammunition in large quantities. " 14. Article 279, after paragraph 3, the following paragraph 3 is inserted: " Port of arms, without right, in the place of state units or other units to which art refers. 145, at public meetings or in elections, it is punishable by imprisonment from 5 to 15 years. " 15. Article 310 shall read as follows: " Spread of diseases in animals or plants Art. 310. -Failure to comply with measures regarding the prevention or control of 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 at 3 months to 3 years or with a fine. " 16. Article 311 shall read as follows: " Infection of water Art. 311. -Infection by any means of water sources and networks, if it is harmful to the health of people, animals or plants, is punishable by imprisonment from 6 months to 4 years or a fine. " 17. Article 321 shall read as follows: " Ultrage against good morals and disorder of public order and tranquility Article 321. -The act of the person who, in public, performs acts or gestures, proferes words or expressions, or indulge in any other manifestations through which the good morals are prejudiced or public scandal occurs or disturbs, in another way, peace and quiet. public order, is punishable by imprisonment from one to five years. If by the act provided in par. 1 the silence and public order were seriously disturbed, the punishment is imprisonment from 2 to 7 years. " 18. Article 329 shall read as follows: "" Pimping Article 329. -The urge or facilitation of the practice of prostitution or the drawing of benefits from the practice of prostitution by a person is punishable by imprisonment from 2 to 7 years and prohibition of u nor rights. Recruiting a person for prostitution or human trafficking for this purpose, as well as coercion to prostitution are punishable by imprisonment from 3 to 10 years and the prohibition of some rights. If the act provided in par. 1 or 2 is committed to a minor or presents another serious character the punishment is imprisonment from 5 to 15 years and prohibition of some rights. Money, values or any other goods that served or were intended to serve, directly or indirectly, the commission of the crime provided in par. 1-3 and those that were acquired through its commission are confiscated, and if they are not found, the convict is obliged to pay their equivalent in money. The attempt is punishable. " + Article 2 The Code of Criminal Procedure of Romania, republished in the Official Gazette of Romania, Part I, no. 78 of 30 April 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 160 ^ 4, paragraphs 1 and 3 shall read as follows: " The provisional release on bail may be granted, upon request, when the bail set by the competent judicial body has been lodged. .............................................................. The provisional release on bail is not granted in the event of intentional offences for which the law provides for prison sentence of more than 12 years or when the defendant is a repeat offender, or from the existing data it follows that he will commit a another crime or will try to thwart the finding of truth by influencing witnesses or experts, altering or destroying material means of evidence or other such acts. " 2. In Article 160 ^ 5, paragraph 2 shall read as follows: "The amount of bail is at least 10,000,000 lei." 3. In Article 160 ^ 6, paragraph 1 shall read as follows: "The request for interim release may be made in the course of the prosecution or the judgment, by the defendant, his spouse or the next of kin." 4. Article 160 ^ 6, paragraph 2 shall be repealed. 5. In Article 209, paragraph 3 shall read as follows: " The prosecution is compulsorily carried out by the prosecutor in the case of the crimes provided in art. 155-173 155-173, art. 174-177 174-177, art. 179 179, art. 189 189 para. 3-5 3-5, art. 190 190, art. 191 191, art. 211 211 para. 4 4, art. 212 212, art. 236 236, art. 236 ^ 1, art. 238 238, art. 239 239, art. 239 ^ 1, art. 250 250, art. 252 252, art. 254 254, art. 255 255, art. 257 257, art. 265 265, art. 266 266, art. 267 267, art. 267 ^ 1, art. 268 268, art. 273-276 273-276, art. 279 ^ 1, art. 280 280, art. 280 ^ 1, art. 302 ^ 2, art. 317 317 and art. 356-361 of the Criminal Code, in the case of crimes shown in art. 26 26 section 2 lit. a), art. 27 27 section 1 lit. b)-d), art. 28 28 ^ 1 pt. 1 lit. b) and c), art. 28 28 ^ 2 pt. 1 lit. b) and art. 29 29 section 1 1 of this code, as well as in the case of crimes against labour protection. " + Article 3 Government Emergency Ordinance no. 25/1997 on the legal regime of adoption, published in the Official Gazette of Romania, Part I, no. 120 of 12 June 1997, approved with amendments by Law no. 87/1998 , published in the Official Gazette of Romania, Part I, no. 168 of 29 April 1998, as amended, shall be amended as follows: -Article 26 (1) shall read as follows: "" Art. 26. -(1) The right of the parent, guardian or legal protector of the child, who claims or receives, for himself or for another, money or other material used for the purpose of the adoption of the child, shall be punished with imprisonment from 2 to 7 years. " + Article 4 Law no. 143/2000 on combating illicit drug trafficking and use, published in the Official Gazette of Romania, Part I, no. 362 of 3 August 2000, shall be amended and supplemented as follows: 1. Article 5 shall read as follows: "" Art. 5. -The making available, with science, with any title, of a local, of a dwelling or of any other place set up, in which the public has access, for the illicit use of drugs or the toleration of illicit consumption in such places is punishable by imprisonment from 3 to 10 years and prohibition of some rights. " 2. Article 7 shall read as follows: "" Art. 7. -High risk drug administration to a person, outside legal conditions, is punishable by imprisonment from one to 5 years. " 3. Article 8 shall read as follows: "" Art. 8. -The supply, for consumption, of chemical inhalants toxic to a minor is punishable by imprisonment from 6 months to 3 years. " 4. in Article 14, after paragraph 1, paragraph 2 is inserted as follows: " (2) In the case of the aggravating circumstance provided in par. ((1) lit. c), regarding the commission of facts in an educational institution or in places where students, students and young people carry out educational, sports, social activities or near them, at the special maximum provided by law can be added an increase that cannot exceed 5 years, in the case of the prison, or the general maximum, in the case of the fine. " + Article 5 Law no. 61/1991 for sanctioning the acts of violation of certain norms of social coexistence, public order and tranquility, republished in the Official Gazette of Romania, Part I, no. 387 of 18 August 2000, shall be amended and supplemented as follows: 1. Article 1 shall be inserted after Article 1 with the following contents: "" Art. 1 1 ^ 1. -It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine, if the act does not constitute a more serious crime, the following facts: 1. the port, without right, in the places and circumstances in which the life or bodily integrity of the persons could be received or could disturb the public order and peace, the knife, the dagger, the string, the boxing, the castor or other such objects manufactured or made specifically for cutting, punching or punching, and the use in such places or circumstances of compressed-air or compressed-gas weapons, of articles made on the basis of pyrotechnic mixtures or of electric shock devices; 2. import or purchase from the country, for sale, of compressed-air or compressed-gas weapons that print the projectile a speed of more than 220 m/s, except those intended for use in training and competition to the Romanian Tir Federation, to sports clubs and associations with shooting stations affiliated to this federation, which can acquire, own and use weapons in this category, according to international sports standards; 3. non-insurance by responsible or patrons, through personal or specialized personnel, public order in public places, hotels, motels, campsites, clubs, hostels, discos and in other places of fun or leisure that you lead, as well as their refusal to provide support to the bodies in law for the restoration in the respective places of public order or for taking measures against persons who have violated the law; 4. preventing, in any form, the body from prosecution or maintaining public order to fulfill its service obligations regarding the legitimation or management of a person at the police headquarters or other state body, to take the measures necessary to maintain or restore public order. The port or use, without right, of objects from those provided in par. 1 1 section 2, in the place of public authorities, public institutions, institutions or other legal persons of public interest, at public meetings or in elections, shall be punished with imprisonment from 2 to 5 years. " 2. in Article 2, points 8, 9, 27 and 34 shall be repealed. 3. In Article 3, paragraphs 1 and 2 shall read as follows: " The contraventions provided in art. 2 2 shall be sanctioned as follows: a) with a fine from 400,000 lei to 20,000,000 lei, those provided for in item 3 3, 4, 13, 16, 19, 20, 24, 25, 33, 36 and 37; b) with a fine of 700,000 lei to 40,000,000 lei or with contravention imprisonment from 15 days to 3 months, those provided in section 1 1, 14, 18, 23, 26, 28 and 30; c) with a fine of 1,500,000 lei to 100,000,000 lei or with contravention imprisonment from one month to 6 months, those provided for in item 2 2, point 5-7 5-7, point 10-12 10-12, point 15 15, 17, 21, 22, 29, 31 and 35; d) with a fine of 5,000,000 lei to 150,000,000 lei or with contravention imprisonment from 3 to 6 months, the act provided for in item 32. In case of committing the contraventions provided in art. 2 2 section 7 7 and section 22 the measure shall also be ordered to suspend the activity of the public place for a period of 10 to 30 days. " 4. In Article 6, paragraph 1 shall read as follows: " The things that served to commit the contraventions provided in art. 2 2 section 4 4 and 5, if they are of the offender, as well as the things acquired by committing contraventions, if they are not returned to the injured person. " This law was adopted by the Senate at the meeting of March 13, 2002, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on March 19, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ----------------