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Law No. 535 Of 25 November 2004 On Preventing And Combating Terrorism

Original Language Title:  LEGE nr. 535 din 25 noiembrie 2004 privind prevenirea şi combaterea terorismului

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LEGE no. 535 of 25 November 2004 (* updated *) on preventing and combating terrorism ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




---------------- The Romanian Parliament adopts this law + Chapter I General provisions General provisions + Article 1 Terrorism is a set of actions and/or threats that pose public danger and affect national security, with the following characteristics: a) are committed premeditated by terrorist entities, motivated by extremist conceptions and attitudes, hostile towards other entities, against which they act by violent and/or destructive ways; b) aim to achieve specific objectives of a political nature; c) concern human factors and/or material factors within public authorities and institutions, the civilian population or any other segment belonging to them; d) produce states with a strong psychological impact on the population, meant to draw attention to the goals pursued. + Article 2 The acts committed by terrorist entities are sanctioned according to the provisions of this law, if they meet one of the following conditions: a) are committed, as a rule, with violence and cause states of unrest, insecurity, fear, panic or terror among the population; b) serious attacks on specific and non-specific human factors, as well as on material factors; c) aim to achieve specific objectives, of a political nature, by determining the authorities of the state or an international organization to order, to give up or influence the making of decisions in favor of the terrorist entity. + Article 3 Acts of terrorism shall be of a transnational nature, if: a) are committed on the territory of at least two states; b) are committed on the territory of a state, but a part of their planning, preparation, management or control takes place on the territory of another state; c) are committed on the territory of a state, but involve a terrorist entity that carries out activities on the territory of another state; d) are committed on the territory of a state, but have substantial effects on the territory of another state. + Article 4 For the purposes of this law, the following terms and expressions have the following meanings: 1. terrorist entity-person, group, structured group or organization that: a) commit or participate in terrorist acts; b) prepares to commit terrorist acts; c) promote or encourage terrorism; d) support, in any form, terrorism; 2. terrorist-the person who committed a crime provided by this law or intends to prepare, commit, facilitate or instigate acts of terrorism; 3. structured group-a group that is not randomly formed for the immediate commission of a terrorist act, does not involve a constant number of members and does not require the establishment, in advance, of their role or of a hierarchical structure; 4. terrorist group-structured group of more than two persons, established for a certain period of time and acting in concert for the commission of terrorist acts; 5. terrorist organization-hierarchically constituted structure, with its own ideology of organization and action, having representation both at national and international level and which, for the realization of specific purposes, uses violent and/or destructive; 6. the management of a terrorist entity-the guidance, supervision, control or coordination of the activities of a structured group, a terrorist group or organization; 7. terrorist actions-preparation, planning, favoring, commission, management, coordination and control over the terrorist act, as well as any other activities carried out after its commission, if related to the terrorist act; 8. funds-goods of any kind, tangible or intangible, movable or immovable, acquired by any means and documents or legal instruments in any form, including electronic or numerical form, certifying a right of property or a interest on these goods, bank loans, traveller's cheques, bank cheques, warrants, shares, securities, bonds, special drawing rights and letters of credit, without this enumeration being limiting; ------------- Item 8 of art. 4 4 has been amended by section 1 1 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. 9. propaganda-spreading systematically or apologising to ideas, conceptions or doctrines, with the intention of convincing and attracting new followers; ------------- Item 9 of art. 4 4 has been amended by section 1 1 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. 10. specific human factors-persons included directly in the polygenic functional mechanisms of the target entities, respectively dignitaries, military, officials, as well as representatives of international organizations; 11. non-specific human factors-persons indirectly included in the political mechanisms of the target entities, in general the civilian population; 12. material factors-environmental factors, agricultural crops and livestock, food and other products of current consumption, objectives of strategic importance, military or with military utility, infrastructure facilities of social life, state and government facilities, transport, telecommunications and information systems, national symbols and values, as well as movable or immovable property of international organisations; 13. state and government facilities-permanent or temporary means of transport, used by representatives of a state, members of the government, legislative or judicial authority, officials, employees of a state or any other public authorities or an intergovernmental organisation, in relation to their official acts; 14. objectives of strategic importance-objectives of the armed forces or those of particular importance for the defense of the country, state activity, economy, culture and art, venues of diplomatic missions or of international organizations, such as and infrastructure facilities or public utility places; 15. place of public utility-that part of a building, land, street, waterway, commercial place, business, cultural-sports, historical, educational, religious, recreation, and any other place that is accessible to the public; 16. infrastructure facilities-public or private utility that provides or distributes services for the benefit of the population, such as: water and sewerage, energy, fuel, communications, banking services and medical services, telecommunications networks and information; 17. transport system-all facilities, means of transport and public or private instruments, used in or for public services, for the transport of persons or goods; 18. the terrorist crisis-the situation in fact created previously or following the commission of a terrorist attack, whereby: a) a number of economic, social, political or other activities are seriously interrupted or affected; b) human, specific and non-specific factors or important material factors are endangered; c) the safety of the population or of a community is exposed to major risks; d) it is necessary to act by defensive or offensive measures to eliminate the threats generated by the situation actually created; 19. profit of the terrorist entity-any good that represents, in part or in whole, directly or indirectly, a benefit obtained from the commission of terrorist acts or the conduct of activities related to terrorism; 20. anti-terrorist intervention-the entire defensive measures carried out prior to the occurrence of imminent terrorist attacks, used to reduce the vulnerability of human, specific and non-specific factors, and material factors; 21. counterterrorism intervention-all offensive measures carried out in order to capture or annihilate terrorists, release hostages and restore legal order, in case of carrying out a terrorist attack. + Chapter II Carrying out the activity of preventing and combating terrorism Carrying out the activity of preventing and combating terrorism + Section 1 National system for preventing and combating terrorism National system for preventing and combating terrorism + Article 5 Preventing and combating terrorism is carried out in accordance with the provisions of the international conventions on the repression of terrorism, to which Romania is a party, as well as in compliance with international regulations and domestic law relating to human rights. + Article 6 (1) At national level the activity of preventing and combating terrorism is organized and carried out in a unitary manner, according to the present law. (2) For this purpose, cooperation in the field is carried out as a National System for the Prevention and Control of Terrorism, hereinafter referred to as SNPCT, in which the following authorities and public institutions participate: a) the Romanian Intelligence Service, with the role of technical coordination; b) Ministry of Administration and Interior; c) Ministry of National Defence; d) Ministry of Foreign Affairs; e) Ministry of Economy and Trade; f) Ministry of Agriculture, Forestry and Rural Development; g) Ministry of Environment and Water Management; h) Ministry of Transport, Construction and Tourism; i) Ministry of Health; j) Ministry of Communications and Information Technology; k) Ministry of Public Finance; l) Ministry of European Integration; m) Ministry of Justice; n) Foreign Intelligence Service; o) Protection and Guard Service; p) Special Telecommunications Service; q) The prosecutor's office of the High Court of Cassation and Justice; r) National Bank of Romania; s) National Export Control Agency; t) National Office for Prevention and Control of Money Laundering; u) National Commission for the Control of Nuclear Activities. (3) In the structure of the Romanian Intelligence Service-as a national authority in the field-the Anti-Terrorist Operative Coordination Center, hereinafter referred to as CCOA, is established, through which the Romanian Intelligence Service ensures coordination SNPCT technique. + Article 7 In order to prevent and combat acts of terrorism and their assimilated acts, the authorities and public institutions of the SNPCT shall carry out specific activities, individually or in cooperation, in accordance with their duties and powers. legal and with the provisions of the General Protocol on the organization and functioning of the National System for the Prevention and Control of Terrorism, approved by the Supreme Council of Defense of the Country. + Article 8 Ministries and other authorities and public institutions with powers in the application of the provisions of this law have the obligation to refer the Romanian Intelligence Service to the natural and legal persons suspected of committing or favoring the any manner of acts of terrorism. + Article 9 Institutions and legal entities, other than those of the SNPCT component, as well as individuals, who have knowledge of data and indications of committing, favouring or financing acts of terrorism, have the following obligations: a) to immediately notify the competent authorities in the field; b) allow the access of the representatives of the competent authorities to the buildings as well as the data and information related to the acts of terrorism c) to provide the necessary support for the performance of duties on the line of preventing and combating terrorism, at + Article 10 Specific duties, according to art. 7, on the line of terrorism prevention consist of: a) informative-operational activities; b) activities against human resources supply flows of terrorist entities, carried out within and/or outside the national territory; c) activities against food flows with specific means of action, as well as with financial, logistical or informational resources of terrorist entities, carried out inside and/or outside the national territory; d) security, protection and other special forms of deterrence carried out by the forces of public authorities and institutions of the SNPCT component, in order to ensure the security of the main categories of human factors and of domestic objectives, or foreign from the national territory, as well as the main Romanian objectives abroad, potentially targeted by terrorist entities; e) activities to prepare intervention in civil emergencies, generated by terrorist actions, in order to limit and combat their effects; f) information and public relations activities; g) activities of international cooperation; h) training and professional development activities; i) activities aimed at continuous optimization of the legislative framework applicable to the categories of missions returning to SNPCT, including criminal and criminal proceedings. + Article 11 Specific duties, according to art. 7, on the counter-terrorism line consist of: a) identification activities and other activities carried out, according to the tasks of the authorities and public institutions components of SNPCT, in order to hold accountable, according to the law, persons who initiate, prepare, commit or favours acts of terrorism; b) anti-terrorist intervention, in the situation of imminent occurrence of a terrorist attack, and, respectively, counterterrorism intervention, when terrorist attacks have occurred or occurred; c) participation in counter-terrorism operations through international cooperation. + Article 12 (1) In the event of a terrorist attack, the Romanian Intelligence Service, through the specialized unit, performs the counterterrorism intervention, independently or in cooperation with other competent forces, on the entire territory of the country, on the objectives attacked or occupied of terrorists, in order to capture or annihilate them, to release hostages and restore legal order. (2) The counterterrorism intervention is executed with the approval of the Supreme Council of Defense of the Country and is carried out according to the methodology developed by the Romanian Intelligence Service, approved by decision of the Supreme Council of Defense of the Country. (3) The anti-terrorist intervention, in case of imminent occurrence of a terrorist attack, is carried out under the conditions of the methodology approved by the management of the Romanian Intelligence Service (4) At the request of the Romanian Intelligence Service, depending on the extent and nature of the terrorist action, forces with specific missions from the Ministry of Administration and Interior, the Ministry of National Defence and The Protection and Guard Service, as well as other structures in the national security and defense system. + Article 13 (1) For the performance of the duties provided for in 10 and 11, the authorities and public institutions of SNPCT shall designate representatives, at the level of secretaries of state or by state subsecretaries, who meet at the plenary session, at least once a year, in which the first deputy the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (2) The authorities and public institutions of SNPCT shall designate permanent experts, who shall constitute a working group that meets once every 6 months or whenever necessary. (3) On the occasion of the meetings provided in par. (2), the working group shall assess the fulfilment of the provisions of the General Protocol on the organization and functioning of the SNPCT and shall submit to the Supreme Council of Defense of the Country reports accordingly. + Article 14 (1) The CCOA is the organizational-functional structure that ensures the continuity and coherence of the functioning of the connecting system that articulates the components of the (2) The authorities and public institutions of the SNPCT will appoint a permanent representative to CCOA in order to ensure the exchange of data and information. (3) The structure and flocks of CCOA shall be approved by decision of the Supreme Council of National Defence. (4) Within 60 days from the entry into force of this Law, the Romanian Intelligence Service shall submit to the approval of the Supreme Council of National Defence the Regulation on the organization and functioning of the CCOA. + Article 15 The authorities and public institutions with responsibilities in SNPCT shall ensure the access of the CCOA representatives to their premises and the special objectives of their composition, to verify the information and/or to carry out specific activities of preventing and combating terrorism. + Article 16 They are exempted from the provisions of art. 15 Romanian Intelligence Service, Ministry of National Defence, Ministry of Administration and Interior, Foreign Intelligence Service, Protection and Guard Service and Special Telecommunications Service. + Article 17 CCOA has the following tasks: a) coordinate the activities carried out within SNPCT, through representatives appointed by the authorities and public institutions of the SNPCT; b) to operatively ensure the exchange of data and information between the authorities and public institutions components of the SNPCT on terrorist activities; c) integrate the data and information obtained, for the purpose of establishing and undertaking the necessary measures; d) monitor terrorist activities and inform the competent authorities and public institutions within SNPCT; e) in situations of terrorist crisis provide logistical and operational support for the operative operation of the National Anti-Terrorist Action Center, which is functionally integrated into the general crisis management mechanism and organized according to the law; f) transmit to the competent public authorities and institutions within SNPCT the data and information that is the subject of the enterprise of measures, according to the legal + Article 18 In the organizational structure of the authorities and public institutions components of SNPCT are established special compartments, with permanent operation, and are designated persons who provide structural and functional support for the deployment the coherence of the cooperation activities as well as the ongoing link with the CCOA. + Article 19 (1) The task regarding the periodic updating of the provisions of the General Protocol on organization and functioning of SNPCT lies with the members of SNPCT, depending on the changes registered in the field, as well as the Romanian Intelligence Service, as technical coordinator. (2) Any amendment to the General Protocol on the organization and functioning of the SNPCT shall be subject to the approval of the Supreme Council of National Defence. + Section 2 Measures to carry out activities for the purpose of collecting information Measures to carry out activities for the purpose of collecting information + Article 20 The threats to the national security of Romania regarding the crimes provided for in this law constitute the legal basis for state bodies with attributions in the field of national security to request the authorization of information-gathering activities, in accordance with the procedure laid down in Law no. 51/1991 on the national security of Romania, which shall apply accordingly. --------------- Article 20 has been amended by point 1 1 of art. 76, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 21 Repealed. --------------- Article 21 has been repealed by point (a) 2 2 of art. 76, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 22 Repealed. --------------- Article 22 was repealed by point (a). 2 2 of art. 76, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Chapter III Preventing the financing of terrorist acts Preventing the financing of terrorist acts + Section 1 Prohibited financial-banking operations Prohibited financial-banking operations + Article 23 (1) Financial-banking operations are prohibited between residents and non-residents, as well as between non-residents, consisting of current account or capital account operations, including foreign exchange operations, as defined by the foreign exchange regulations issued by the National Bank of Romania, made for or on account of natural or legal persons listed in the Annex to Government Emergency Ordinance no. 159/2001 to prevent and combat the use of the financial and banking system for the purpose of financing terrorist acts, approved by Law no. 466/2002 . ((2) The assets of persons listed in the Annex referred to in paragraph (1) are blocked, being prohibited any transfer, by any means, including banking. + Article 24 (1) Annex provided for in art. 23 23 para. (1) shall be completed and updated periodically by Government decision, based on the information received from the United Nations Security Council. ((2) Completing and updating the Annex provided for in art. 23 23 para. (1) shall be made, as far as possible, with data identifying natural and legal persons, such as nationality, nationality, date and place of birth, in the case of natural persons, and the seat, nationality and registration number, in the case of persons legal. (3) The identification data shall be requested by the United Nations Security Council by the Ministry of Foreign Affairs, at the request of the Ministry of Public Finance. + Article 25 The staff of financial-banking institutions has the obligation to refuse to carry out the operations provided for in 23 23 para. (1) and to immediately refer the Prosecutor's Office to the Court of Appeal. + Section 2 Financial-banking operations subject to authorization Financial-banking operations subject to authorization + Article 26 (1) Authorities and public institutions with responsibilities in the SNPCT, as well as the National Trade Register Office, the National Securities Commission and the Insurance Supervisory Commission are working together to prepare and update lists comprising natural and legal persons suspected of committing or financing acts of terrorism, other than those mentioned in the Annex provided for in art. 23 23 para. ((1), which shall be transmitted to CCOA. ((2) The lists also include the identification data provided for in art. 24 24 para. ((2). (3) If the lists do not include the identification data, the CCOA requests the necessary checks to obtain the necessary information, according to the competences of each institution. + Article 27 The resulting lists are transmitted by CCOA to the Ministry of Public Finance, which draws up a unique list based on the lists provided in art. 26 26 para. (1), which he submits for approval to the Government. + Article 28 Financial-banking operations provided for in art. 23 23 para. ((1), if carried out for or on behalf of the persons listed in the list provided for in art. 27, are subject to the prior authorization of the National Bank of Romania, the National Securities Commission and the Insurance Supervisory Commission, as the case may be. + Article 29 (1) The staff of financial-banking institutions shall be obliged to refer the management of the institution to which it is part of the request to carry out the financial-banking operation subject to authorization. (2) The financial and banking institutions in Romania shall immediately submit to the National Bank of Romania, the National Securities Commission or the Insurance Supervisory Commission the documentation on the financial-banking operation subject to authorization. + Article 30 (1) The National Bank of Romania, the National Securities Commission or the Insurance Supervisory Commission, within 5 days from the presentation of the documentation, shall issue the authorization of the operation provided for in art. 28 or, as the case may be, refuse to issue authorization and notify the Prosecutor's Office of the Court of Appeal, as well as the Romanian Intelligence Service. (2) The National Bank of Romania, the National Securities Commission and the Insurance Supervisory Commission shall issue, within 30 days from the date of entry into force of this Law, regulations regarding the documentation necessary for the operations Financial-banking subject to authorization. + Article 31 The National Bank of Romania, the National Securities Commission and the Insurance Supervisory Commission control the way of carrying out the supervised institutions of the provisions of this law and apply the legal sanctions provided for in their competence. + Chapter IV Offences and contraventions Offences and contraventions + Article 32 (1) It constitutes acts of terrorism and is sanctioned with the punishment provided by law for the crime committed, whose special limits are increased by one third, and with the prohibition of rights committed to one of the following facts that, by nature or by the context of their commission, may adversely affect a country or international organisation, when committed in order to intimidate its population or to compel a public authority or an international organisation to meet, fail or refrain from performing a certain act or to seriously destabilize or destroy the fundamental, constitutional, economic or social political structures of a state or international organization: a) manslaughter, homesickness or personal injury; b) threat or deprivation of liberty; c) destruction; d) communication of false information, which endangers the safety of the flight or navigation of a ship or aircraft; e) commission, by means of a device, a weapon or a substance, of an act of violence against a person in a civil airport, if the act has endangered safety and security at this airport, as well as the commission any act of physical or mental violence on a person on board a civilian aircraft in flight or flight training or its aircrew; f) destruction or serious damage, by means of a device, weapon or substance, installations of a civilian airport or aircraft in service or not in service, but located at an airport or causing damage that makes the aircraft unavailable flight times that are likely to endanger its flight safety, as well as the interruption of airport services, if the act compromises or is likely to compromise safety and security in that flight. airport; g) the destruction or damage of installations or air navigation services or the disruption of their operation, if the act has endangered the safety of the flight; h) placing on a civilian aircraft, by any means, a device or a substance capable/capable of destroying that aircraft or causing damage to it that make it unfit to fly or which are likely to jeopardise its safety in flight; i) taking over without right an aircraft, by any means, as well as exercising without right of control over it; j) taking possession of a ship or a fixed platform or exercising control over it, through violence or threat; k) committing violence on a person on board a ship or a fixed platform, if this act is likely to endanger the safety of the ship or the fixed platform; l) the destruction of a fixed platform or a ship or causing damage to the fixed platform or cargo of a ship, likely to jeopardise the safety of the ship's platform or navigation; m) placing on a ship or on a fixed platform, by any means, of a device or an apt/capable substance to destroy them or to cause the platform, the ship or its cargo damage that compromise or are likely to endanger safety the ship's navigation or navigation platform; n) the destruction or serious damage of the fixed platform or navigation facilities or services or the production of serious disturbances in operation, if one of these acts is likely to endanger the safety of the fixed platform or the navigation of a vessel; o) non-compliance with the regime of weapons and ammunition, the regime of nuclear materials and other radioactive materials, as well as non-compliance with the p) the bombing that endangers national security, the bombing against a collective and the acts of diversion; q) fraud committed by computer systems and means of electronic payment and crimes against the safety and integrity of computer systems and data; r) taking over the means of collective transport of passengers or goods without right. (2) For the offences referred to in par. (1) the penalty of fine may not be imposed. (3) It also constitutes acts of terrorism and is punishable by imprisonment from 7 to 15 years and the prohibition of some rights, the commission of the following facts, in one of the purposes provided in par. ((1): a) the production, acquisition, possession, transport, supply or transfer to other persons, directly or indirectly, of chemical or biological weapons, explosive devices of any kind, as well as research in the field or development of such weapons or devices; b) the introduction or spread in the atmosphere, on the ground, in the basement or in the water of products, substances, materials of any kind, microorganisms or toxins likely to endanger the health of humans or animals or the environment or for the purpose the challenge of fires, floods or explosions that have the effect of endangering human lives; c) disruption or interruption of water supply, electricity or any other fundamental natural resource, which have the effect of endangering human lives. ------------- Article 32 has been amended by section 4.2. 2 2 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 33 (1) It constitutes a crime and is punishable by imprisonment from 5 to 12 years and the prohibition of some rights committed, in one of the purposes provided in art. 32 32 para. ((1), of one of the following facts: a) procurement, possession, manufacture, manufacture, transport or supply of products or technologies with dual use or military products or explosive or flammable substances, for the purpose of destructive means, devices explosives of any kind, as well as chemical, biological, radiological or nuclear substances, likely to endanger the health of humans, animals or the environment; b) training or training of a person on the use or manufacture of firearms, ammunition, explosives, explosive devices of any kind, chemical, biological, radiological or nuclear weapons, including any equipment designed to be used in direct connection with the use of chemical, biological, radiological or nuclear substances. (2) It also constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of some rights committed to one of the following facts: a) facilitating the crossing of the border, hosting or facilitating access to the area of the targeted objectives of a person who participated or committed or is to participate or commit an offence provided in par. (1) or at art. 32 32 para. ((1) or (3); b) the collection or possession, for the purpose of transmission, or the making available of data and information about objectives targeted by a terrorist entity; c) falsification of official documents for the purpose of facilitating the commission of one of the offences provided by this law; d) the blackmail committed for the purpose of committing an act of terrorism; e) participation in training or preparation for the use of destructive means, toxic or dangerous substances, firearms, explosive devices of any kind, munitions, explosives, chemical, biological, radiological or nuclear, for the purpose of committing an act of terrorism; f) qualified theft committed in order to commit the crimes provided in art. 32 32 para. ((1) and (3) and in par. (1) and (2) of this Article. ------------- Article 33 has been amended by section 6.6. 3 3 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 33 ^ 1 It is a crime to recruit a person for the commission of one of the facts provided in art. 32 32 para. ((1) and (3) and art. 33 and is punishable by imprisonment from 5 to 12 years. ------------- Art. 33 ^ 1 was introduced by item 4 4 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 33 ^ 2 (1) The right to urge the public, verbally, in writing or by any other means, to commit crimes provided by this law shall be punished with imprisonment from 6 months to 3 years or with a fine, without being able to exceed the punishment provided by law for the offence to which it was instigated. (2) If the act provided in par. (1) is committed by a public official, the sentence is imprisonment from one year to 5 years and the prohibition of the exercise of certain rights, without being able to exceed the punishment provided by law for the crime to which it was instigated. (3) If the public instigation had as a result the commission of the crime to which it was instigated, the punishment is the one provided by law for that crime. (4) The promotion of a message through propaganda committed by any means, in public, with the intention to instigate the commission of one of the crimes listed in art. 32 32 para. ((1) and (3) and art. 33 33 para. ((1) and para. ((2) lit. e), whether or not the message directly supports terrorism or whether or not those crimes have been committed, is punishable by imprisonment from 6 months to 3 years. " ------------- Art. 33 ^ 2 was introduced by item 4 4 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 34 (1) The attempt of the facts provided in art. 32, 33 and 33 ^ 1 is punishable. (2) It is considered to be attempted and to produce or procure the means or instruments, as well as to take measures to commit these crimes. ------------- Article 34 has been amended by section 4. 5 5 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 35 ((1) The right to associate or to initiate the formation of an association for the purpose of committing acts of terrorism or joining or supporting, in any form, such association shall be punishable by imprisonment from 5 to 12 years and the prohibition of certain rights, without being able to exceed the maximum of the sentence provided by law for the crime that enters for the purpose of association. (2) The right to conduct a terrorist entity shall be punishable by imprisonment from 7 to 15 years and the prohibition of rights. ------------- Article 35 has been amended by section 6.6. 6 6 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 36 (1) It constitutes a crime of financing terrorism to collect or make available, directly or indirectly, funds, auctioned or illicit, knowing that they are to be used, in whole or in part, for the commission of acts of terrorism or for the support of a terrorist entity and is punishable by imprisonment from 5 to 12 years and the prohibition of some rights. (2) The commission of a crime for the purpose of obtaining funds, knowing that they are to be used, in whole or in part, for the commission of terrorist acts or for the support of a terrorist entity, is punishable by the punishment provided by law for that crime, the maximum of which is increased by 3 years. (3) If the funds obtained under par. (2) have been made available to the terrorist entity, the rules on the contest of offences apply. (4) Attempted to the facts provided by par. ((1) shall be punished. ------------- Article 36 has been amended by section 6.6. 7 7 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 37 ((1) Threat by any means of a natural, legal person or a community with the use of firearms, nuclear weapons, chemical, biological, nuclear installations or devices generating ionizing radiation, with the challenge of a nuclear explosions or a nuclear accident or the spread or use of products, substances, microorganisms, toxins or materials, of any kind, likely to endanger the health of humans or animals or the environment or to cause particularly serious consequences, committed for the purpose provided in art. 32 32 para. (1), constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) If the threat provided in par. (1) was addressed to a state or an international organization, the act is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. ------------- Article 37 has been amended by section 6.6. 8 8 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 38 Alarming, by any means and without a good reason, of a natural or legal person or of a community, of specialized bodies to intervene in case of danger, of bodies with attributions in the field of national security or of maintaining public order, with regard to the use of firearms, nuclear, chemical, biological, radiological weapons or the spread or use of products, substances, microorganisms, toxins or materials, of any kind, likely to endanger the life, bodily integrity or health of humans or animals or the environment, or to cause particularly serious consequences, is punishable by imprisonment from 3 months to 2 years or a fine. ------------- Article 38 has been amended by section 6.6. 9 9 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 39 Repealed. ------------- Article 39 has been repealed by point (a) 10 10 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 40 (1) The jurisdiction in the first instance of terrorism offences belongs to the appellate court. ((2) Abrogat. --------------- Alin. ((2) of art. 40 40 has been repealed by section 6.6. 3 3 of art. 76, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 41 Repealed. --------------- Article 41 was repealed by point (a). 3 3 of art. 76, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 42 (1) It constitutes contraventions and is sanctioned with a fine of 50,000,000 lei to 100,000,000 lei the following facts: a) non-compliance with the obligations provided 25 and 29 by staff of financial-banking institutions; b) non-compliance with the obligations provided 30 30 para. (1) by the National Bank of Romania, the National Securities Commission or the Insurance Supervisory Commission; c) non-compliance with the obligation provided 41 by operators or postal service providers, respectively by electronic communications networks. (2) The contravention sanctions may also be applied to legal entities. (3) The finding of contraventions and the application of sanctions provided in par. (1) shall be made by the personnel empowered for this purpose by the National Bank of Romania, the National Securities Commission, the Insurance Supervisory Commission, as well as by the Ministry of Administration and Interior, as the case may be. + Article 43 The provisions of the general rules relating to the legal regime of contraventions shall apply accordingly. + Article 44 (1) Against foreign nationals or stateless persons about whom there are strong data or indications that they intend to carry out acts of terrorism or favoring terrorism, the declaration measure shall be ordered as an undesirable person for Romania or by interruption of the right of residence in the country, if against them was not ordered the measure not to allow the exit from the country, according to the law on the regime of foreigners in Romania. (2) Provisions of para. (1) shall also apply to asylum seekers, refugees and victims of armed conflicts whose status and regime are governed by special laws. + Chapter V Final provisions Final provisions + Article 45 The necessary financial funds CCOA shall ensure from the state budget, through the budget of the Romanian Intelligence Service, and for the compartments with attributions in preventing and combating terrorism within the public authorities and institutions components of SNPCT, shall be ensured through the budgets of the respective public authorities and institutions + Article 46 On the date of entry into force of this Law, Government Emergency Ordinance no. 141/2001 for the sanctioning of acts of terrorism and acts of violation of public order, published in the Official Gazette of Romania, Part I, no. 691 691 of 31 October 2001, approved with amendments by Law no. 472/2002 , Government Emergency Ordinance no. 159/2001 to prevent and combat the use of the financial and banking system for the purpose of financing terrorist acts, except in the Annex thereto, published in the Official Gazette of Romania, Part I, no. 802 802 of 14 December 2001, approved by Law no. 466/2002 , as well as any other provisions contrary to this law shall be repealed. + Article 47 Repealed. ------------- Article 47 was repealed by point (a). 10 10 of art. 159, Title II of LEGE no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 25, 2004. No. 535. ____________