LEGE no. 191 191 of 13 May 2003 (* updated *) on the offences of the shipping system ((applicable from 1 February 2014 *)
ISSUER
PARLIAMENT
------------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by LAW no. 187 187 of 24 October 2012 ; LAW no. 255 255 of 19 July 2013 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This Act provides for offences under the shipping regime as regulated by Government Ordinance no. 42/1997 on shipping, approved with amendments and additions by Law no. 412/2002 ,, as well as some special procedural provisions relating to these offences. + Chapter II Offences against the safety of civil navigation + Article 2 (1) The management of a ship by a person without a patent or without a corresponding capacity certificate constitutes a crime and is punishable by imprisonment from one year to 5 years. ... (2) With the punishment provided in par. (1) it is sanctioned the act of the master or other person who knowingly entrusts the management of the ship to a person without a patent or certificate of appropriate capacity or to whom the exercise of the right to drive was suspended. ... (3) With the punishment provided in par. (1) it is also sanctioned the act of the person who knowingly entrusts the management of the ship to a person suffering from a mental illness or is under the influence of psychoactive substances. ... ------------ Article 2 has been amended by section 2. 1 1 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 3 The navigation of a ship without a minimum safety crew is a criminal offence and is punishable by imprisonment from 6 months to 3 years. ------------ Article 3 has been amended by section 3. 2 2 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 4 (1) The exercise of duties under the influence of alcoholic beverages or other substances prohibited by the regulatory authority constitutes a crime and is punishable by a fine. ... (2) If the act provided in par. (1) is committed by the aircrew who directly ensure the safety of navigation, the sentence is imprisonment from 3 months to 2 years or fine. ... (3) It is considered under the influence of alcoholic beverages the person who has an alcoholic imbibation in the blood of up to 0.80 g/l pure alcohol in the blood. ... (4) Provisions of para. ((1)-(3) shall not apply to recreational craft. ... ------------ Article 4 has been amended by section 4. 3 3 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 5 (1) The management of a ship or the performance of duties by a person who has in his blood an alcoholic imbibation greater than 0,80 g/l pure alcohol in his blood or is under the influence of psychoactive substances constitutes a criminal offence and shall be punishes with imprisonment from 6 months to 3 years or with a fine. ... (2) If the act provided in par. ((1) is committed by the aircrew who directly ensure the safety of navigation, the sentence is imprisonment from one year to 5 years. ... ------------ Article 5 has been amended by section 6.6. 4 4 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 6 Refusal to submit or evade the persons referred to in art. 4 and 5 from the biological sampling necessary to establish the blood alcohol or the presence of a psychoactive substance is a crime and is punishable by imprisonment from one year to 5 years. ------------ Article 6 has been amended by section 6. 5 5 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 7 (1) Leaving without approval of the post or ship by a crew member or by the pilot, while performing the service, if this could have interrupted the navigation or endangers the safety of the ship, cargo or cargo. crew, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. ... (2) If the act provided in par. ((1) is committed by the commander or his replacement, the sentence is imprisonment from one year to 5 years. ... ------------ Article 7 has been amended by section 7. 6 6 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 8 (1) The right to sleep during the watch or watch service, if this could have interrupted the navigation or endangers the safety of the ship, cargo or crew, is punishable by imprisonment from 3 months to 2 years or with a fine. ... (2) If the act provided in par. (1) had as a result a navigation accident that caused particularly serious consequences, the punishment is imprisonment from 2 to 7 years and the prohibition of some rights. ... ------------ Article 8 has been amended by section 6.6. 7 7 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 9 Leaving the ship by the commander in case of danger, before having exercised his duties for the rescue of the ship and crew, shall be punished with imprisonment from 6 months to 3 years. ------------ Article 9 has been amended by section 6.6. 8 8 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 10 ((1) Fact by the master of a vessel not to fulfil his obligations for the assistance and rescue of ships and persons in danger on the water or, in the event of an approach, not to communicate to the other vessels the data necessary for the identification of the vessel itself, punishable by imprisonment from 6 months to 3 years. ... (2) If the facts provided in par. (1) were committed at fault, the punishment is imprisonment from 3 months to one year or fine. ... ------------ Article 10 has been amended by section 10. 9 9 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 11 Change of position, removal from operation, serious damage or destruction of a coastal or floating navigation signal, if this could have endangered the safety of navigation, constitutes a crime and is punishable by imprisonment from 2 2 at 7. ------------ Article 11 has been amended by section 1. 10 10 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 12 If the facts provided in art. 2-5 and 7-11 had as a result a navigation accident that caused particularly serious consequences, the punishment is imprisonment from 3 to 10 years and the prohibition of some rights. ------------ Article 12 has been amended by section 4.2. 11 11 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 13 Taking over without right the order or control of a ship is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. ------------ Article 13 has been amended by section 1. 12 12 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 14 (1) It constitutes a crime and is punishable by imprisonment from one year to 5 years committing one of the following facts: ... a) preventing the attributions of service duties of both aircrew, deck, machinery and telecommunications; ... b) communication of false information, if it has endangered the safety of navigation; ... c) falsification or destruction of logbooks or machines; ... d) destruction or damage of navigation equipment or disruption of their operation. ... (2) The destruction or damage of a ship or its cargo is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. ... ------------ Article 14 has been amended by section 4.2. 13 13 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 15 Placing on a ship of a device, object or a substance capable of destroying the ship or causing it or cargo damage likely to endanger the safety of navigation constitutes a crime and is punishable by imprisonment from 3 to 10 years and prohibition of some rights. ------------ Article 15 has been amended by section 6.6. 14 14 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 16 (1) The facts provided for in art. 13 13, art. 14 14 para. ((1) and art. 15, committed for the purpose of diverting the ship from its itinerary, constitutes crimes and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. ... ((2) The variation of a ship for the purpose provided in par. (1) is punishable by imprisonment from 5 to 12 years and the prohibition of some rights. ... ------------ Article 16 has been amended by section 4. 15 15 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 17 (1) Taking possession of a fixed platform or exercising control over it through violence or threat of violence constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. ... (2) With the punishment provided in par. (1) the destruction of a fixed platform or the cause of damage likely to endanger its security shall also be sanctioned. ... ------------ Article 17 has been amended by section 6.6. 16 16 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 18 (1) Placing on a fixed platform of a device or a substance capable of destroying the fixed platform or liable to endanger its safety constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. ... (2) Within the meaning of this law, the fixed platform designates an artificial island, an installation or a work permanently attached to the seabed or that of an inland water, in order to explore or exploit resources or for other purposes economic. ... ------------ Article 18 has been amended by section 6.6. 17 17 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 19 If the facts provided in art. 13-17 had as a result particularly serious consequences, the punishment is imprisonment from 7 to 15 years and the prohibition of some rights. ------------ Article 19 has been amended by section 6.6. 18 18 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 20 Attempt at the crimes provided in art. 13-18 is punishable. ------------ Article 20 has been amended by point 19 19 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 21 (1) The blocking of the navigable fairway, a berth or zone of the port basin and the non-execution of the port captain's order on unlocking measures constitute crimes and are punishable by imprisonment from one year to 5 years. ... (2) If the act had as a result the interruption of the navigation or the port activity or the endangerment of the safety of the navigation or the port, the punishment is imprisonment from 3 to 10 years and the prohibition of some rights. ... ------------ Article 21 has been amended by point 20 20 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 22 Transport of dangerous goods on board ships in national navigable waters without complying with the legal provisions on stacking, packaging, labelling, protective measures, if the safety of navigation is endangered, constitutes offence and is punishable by imprisonment from one year to 5 years. ------------ Article 22 has been amended by section 21 21 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter III Offences against order and discipline on board ships + Article 23 (1) The refusal to execute an order with regard to the duties of service concerning the safety of the ship and of navigation shall be punishable by imprisonment from 3 months to 2 years or with a fine. ... (2) When the act is committed by the master of the ship, the sentence is imprisonment from 6 months to 3 years. ... + Article 24 Striking or other violence or bodily injury, perpetrated by the lower on his superior by the superior on the inferor during times in connection with the exercise of his duties, is sanctioned with the punishment provided by the Code criminal for this offence, whose limits are increased by a third. ------------ Article 24 has been amended by section 4.2. 22 22 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 25 The act of the passenger not to be subject during the journey of an order given by the commander or assistant or another officer, to save the ship, is punishable by imprisonment from one month to 6 months or with a fine. + Article 26 (1) Criminal action for the offences referred to in art. 23 23 para. ((1) and art. 25 shall be set in motion upon referral to the master or owner or operator of the vessel, as the case may be. ... (2) Criminal action for the crime provided in art. 23 23 para. (2) shall be set in motion upon the notification of the owner or the operator of the vessel or of the competent bodies of the naval authority, as ... (3) Criminal action for the crime of hitting or other violence or personal injury provided in art. 24 is set in motion on the prior complaint of the injured person. ... ------------ Article 26 has been amended by section 6.6. 23 23 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter IV Other offences + Article 27 The use of the sailor card, the patent or the certificate of capacity belonging to another person shall be punished with imprisonment from 6 months to 3 years or with a fine. ------------ Article 27 has been amended by section 6.6. 24 24 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 28 (1) Arboration without right of the Romanian pavilion or the placing in operation or navigation of an unregistered ship constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. ... (2) With the punishment provided in par. (1) the flag of a country other than that inscribed in the act of nationality by a foreign or Romanian ship passing through the national navigable waters of Romania shall also be sanctioned. ... ------------ Article 28 has been amended by section 6.6. 25 25 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 29 The act of the commander or other crew member who, following the occurrence of a sailing accident, orders or makes the ship leave the scene, constitutes a crime and is punishable by imprisonment from one year to 5 years. ------------ Article 29 has been amended by section 6.6. 26 26 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 30 ((1) The use of the ship or cargo of the ship or its disposition, without right, in whole or in part, for itself or for another, by the commander or another member of the crew, shall be punishable by imprisonment from 2 to 7 years. ... (2) The attempt is punishable. ... ------------ Alin. ((2) of art. 30 30 has been introduced by section 27 27 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 31 Repealed. ------------ Article 31 has been repealed by point (a). 28 28 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 32 Repealed. ------------ Article 32 has been repealed by point (a) 28 28 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter V Special procedural provisions + Article 33 (1) In the case of crimes provided in art. 27-30, criminal investigation is carried out by persons designated under the conditions of art. 55 55 para. ((5) and (6) of the Code of Criminal Procedure. ... ---------- Alin. ((1) of art. 33 33 has been amended by section 1 1 of art. 63 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. ((2) Abrogat. ... ------------ Alin. ((2) of art. 33 33 has been repealed by section 6.6. 28 28 of art. 131 131 of Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 34 On-site research and reconstitution carried out on ships or on the premises of ports shall be carried out in the presence of the master of the port or its representative. + Article 35 Taking measures and conducting research on board a ship flying the flag of another state with which the Romanian state has concluded conventions are made in accordance with their provisions. + Article 36 The offences provided for by this law shall be adjudicated in the first ---------- Article 36 has been amended by section 6.6. 2 2 of art. 63 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 37 (1) The territorial area of the courts and the prosecutor's offices in addition to these is the following: ... a) Constanta Court and the Prosecutor's Office of the Constanța Court: Constanta and Tulcea counties, territorial sea, Danube up to marina 64 inclusive; ... b) The Galati Court and the Prosecutor's Office of the Galati Court: the other counties, the Danube at mile marina 64, upstream up to km 1.075. ... (2) When the offences provided for by this law are committed on a ship outside the Romanian waters, the competence lies with the Constanța Tribunal and the Prosecutor's Office of the Constanța Court, if the ship is maritime, and the Tribunal Galati and the Prosecutor's Office of the Galati Court, if the ship is fluvial. ... --------- Article 37 has been amended by section 6.6. 3 3 of art. 63 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Chapter VI Final provisions + Article 38 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article 39 The date of entry into force of this Law shall be repealed: Decree no. 443/1972 on civil navigation, published in the Official Bulletin, Part I, no. 132 of 23 November 1972; lit. a) from lit. A section 1 1 of art. 2 and lit. a) 1 1 of art. 3 3 of Decree no. 203/1974 for the establishment and organization of maritime and river sections at some courts and prosecutor's offices, published in the Official Bulletin, Part I, no. 131 131 of 31 October 1974. This law was adopted by the Senate at its meeting on March 24, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of April 15, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, May 13, 2003. No. 191. ----------------
