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Law No. 187 Of 24 October 2012 For Implementing Law No. Penal Code 286/2009

Original Language Title:  LEGE nr. 187 din 24 octombrie 2012 pentru punerea în aplicare a Legii nr. 286/2009 privind Codul penal

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LEGE no. 187 187 of 24 October 2012 (* updated *) for the implementation of Law no. 286/2009 on Criminal Code ((updated on 13 June 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Title I Provisions on the application of criminal law in time + Chapter I Regulatory area + Article 1 This Law contains the provisions on the implementation of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, hereinafter referred to as the Criminal Code, having as main object the agreement of the existing criminal legislation with its provisions, as well as the establishment of rules for the settlement conflict of laws resulting from the entry into force of the Criminal Code. + Article 2 In the present law, the Criminal Code of 1969 is understood Law no. 15/1968 on the Criminal Code of Romania, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, with subsequent amendments and completions. + Chapter II General provisions on the application of criminal law in time + Article 3 (1) Provisions art. 4 of the Criminal Code on the criminal law of decriminalization are also applicable in situations where a determined deed, committed under the empire of the old law, no longer constitutes a crime according to the new law due to the modification of the constituent elements of the crime, including the form of guilt, required by the new law for the existence of the crime. (2) Provisions art. 4 of the Criminal Code does not apply if the act is criminalized by the new law or by another law in force, even under another name. + Article 4 The punishment imposed for a crime by a decision that remained final under the empire of the Criminal Code of 1969, which does not exceed the special maximum provided by the Criminal Code, cannot be reduced following the entry into force of this law. + Article 5 (1) When a criminal rule refers to another determined norm, from which it borrows one or more elements, the modification of the complete norm also attracts the modification of the incomplete norm. (2) In the event of the abrogation of the complete norm, the incomplete rule will keep the elements taken from it, including the limits of punishment, in the form existing at the date of repeal, unless the law has otherwise. + Article 6 The decadations, prohibitions and incapacities arising from convictions handed down on the basis of the old law produce their effects until the rehabilitation of law or the disposition of judicial rehabilitation, insofar as the deed for which it was pronounced the conviction is also provided by the new criminal law and if the falls, prohibitions and incapacities are provided by law. + Article 7 Whenever a rule in force refers to one or more crimes provided by the Criminal Code of 1969 or a special law amended by the provisions of this law, the reference shall be deemed made to the offence or offences provided by the new law, having the same constituent elements. + Article 8 Art. 4 shall also apply accordingly to the penalties imposed by judgments that have remained final before the entry into force of this law, for acts criminalized by the normative acts provided for in Title II. + Chapter III Provisions on the application and enforcement of criminal + Article 9 (1) The prison sentences applied under the provisions of the Criminal Code of 1969 for crimes committed during the minority will not be taken into account when establishing the state of relapse according to the provisions of the Criminal Code. ((2) The crimes committed during the minority, for which punishments were imposed under the provisions of the Criminal Code of 1969, do not constitute impediments to the disposition of the waiver of punishment, postponement of the application of the sentence or suspension the execution of the sentence under supervision for an offence committed after the final conviction. + Article 10 The sanctioning treatment of the plurality of offences applies according to the new law when at least one of the offences in the plurality structure was committed under new law, even if for the other offences the punishment was established according to old law, more favorable. + Article 11 Art. 62 of the Criminal Code on the fine accompanying the prison sentence does not apply to crimes committed before its entry into force and will not be considered for the determination of the more favorable criminal law. + Article 12 (1) In the case of succession of criminal laws intervening until the final stay of the sentencing decision, the accessory and complementary penalties shall be applied according to the law that was identified as more favorable law in relation to the crime committed. (2) The complementary punishment provided for in art. 55 lit. c) of the Criminal Code does not apply to crimes committed before its entry into force. + Article 13 (1) In the case of fines definitively established under the empire of the Criminal Code of 1969, the mandatory application of the more favorable criminal law is made by comparing the fine applied with the amount resulting from the provisions of art. 61 61 para. (2) and (4) of the Criminal Code, by using a reference amount for a day-fine in the amount of 150 lei. (2) Provisions of para. (1) shall also apply accordingly to the definitive fines established for legal persons, in this case the reference amount for a day-fine, used for the application of the provisions of art. 137 137 para. (2) and (4) of the Criminal Code, being 2,000 lei. + Article 14 (1) The replacement of the sentence of the fine with the prison sentence shall be as follows: a) if the fine was definitively applied before the entry into force of the Criminal Code, the replacement is based on art. 63 ^ 1 of the Criminal Code of 1969, without the duration of the prison sentence being able to exceed the maximum daily-fine determined according to art. 61 61 para. (4) of the Criminal Code for the act that drew condemnation; b) if the fine was imposed after the date of entry into force of the Criminal Code for crimes committed before this date, the replacement will be made according to the provisions of the law under which the fine was imposed. (2) Provisions art. 64 of the Criminal Code does not apply to crimes committed prior to its entry into force, even if the fine was imposed on the basis of art. 61 of the Criminal Code. + Article 15 (1) The measure of conditional suspension of the execution of the sentence imposed under the Criminal Code of 1969 shall be maintained after the entry into force of the Criminal Code (2) The regime of conditional suspension of execution of the sentence provided in par. (1), including in terms of revocation or cancellation thereof, is the one provided for by the Criminal Code of 1969. + Article 16 (1) The measure of suspension under supervision of the execution of the sentence imposed under the Criminal Code of 1969 shall be maintained after the entry into force of the Criminal Code, until the end of the trial period established by the sentencing decision. (2) In order to determine the more favorable criminal law regarding the suspension of the execution of the sentence under art. 5 of the Criminal Code, the court will consider the scope of obligations imposed on the convict and the effects of the suspension according to successive laws, with priority over the duration of the trial or supervision + Chapter IV Special provisions on the sanctioning regime applicable to + Article 17 In application of the provisions relating to the more favourable criminal law intervening in the course of the trial, a sentence of suspension of execution, applicable according to the Criminal Code of 1969, is considered more favourable than an educational freedom provided by the Criminal Code. + Article 18 (1) The educational measure of supervised freedom handed down under the Criminal Code of 1969 is executed according to its provisions. (2) If the measure referred to in par. (1) it is revoked after the entry into force of the Criminal Code from another case than the commission of a crime, supervised freedom is replaced by admission to an educational center for a period of one year. (3) In case of revocation of supervised freedom due to the commission of a new crime, the court will order, taking into account the seriousness of the crime committed, an educational educational measure provided for by the Criminal Code. + Article 19 (1) The educational measure of admission to a re-education center ordered under the Criminal Code of 1969 is replaced by the educational measure of admission to an educational center for a duration equal to the time left from the moment of final stay of the decision through which the measure of admission to the reeducation center has been taken and up to the majority of the one in question, but not more than 3 years. (2) The period executed from the educational measure of admission to the re-education center, as well as the duration of detention and preventive arrest shall be considered as a part executed during the educational measure of admission to the educational center. (3) If, according to the Criminal Code of 1969, it was ordered to extend the duration of the educational measure of admission to a re-education center, the measure will be executed in an educational center. + Article 20 The penalty of the enforceable fine, imposed for crimes committed during the minority under the Criminal Code of 1969 and not executed in whole or in part until the entry into force of the Criminal Code, is replaced by the educational measure of the end of the week, also taking into account the part that was executed from the fine. + Article 21 (1) The punishment of the enforceable prison, applied under the Criminal Code of 1969 for crimes committed during the minority, is replaced by the educational measure of admission to a detention center for a period equal to the duration of the prison sentence. (2) The prison sentence exceeding 20 years, applied for crimes committed during the minority, will be replaced by admission to a detention center for a period of 15 years. (3) In the case of plurality of crimes, the replacement provided in par. ((1) and (2) shall be made with regard to the resultant punishment. (4) The part executed from the prison sentence, as well as the duration of detention and preventive arrest shall be considered as part of the duration of the educational measure of admission to the detention center. + Article 22 (1) The measure of suspension of execution of penalties imposed under the Criminal Code of 1969 for crimes committed during the minority shall be maintained after the entry into force of the Criminal Code. (2) If the suspension of the execution of a prison sentence provided in par. (1) it is revoked from causes other than the commission of a new crime, the prison sentence is replaced by the educational measure of admission to an educational center for a period equal to the duration of the suspended sentence, but not more than 3 years. (3) In the situation referred to in par. (2), the sentence of the fine the execution of which has been suspended is replaced by the educational measure of the record at weekends for a duration of 6 weeks. (4) If within the trial period of the suspension of the execution of a sentence for crimes committed during the minority the convict has again committed a crime, the court revokes the suspension and replaces the punishment according to par. ((2) or (3), after which: a) if the new offence was committed during the minority, it is also established for this an educational measure, and then the heaviest educational measure is applied; b) if the new offence was committed after increased, a resultant penalty established according to art. 129 129 para. (2) of the Criminal Code. + Title II Provisions on modification and completion of certain normative acts comprising criminal provisions + Article 23 Law no. 59/1934 on the cheque, published in the Official Gazette of Romania, Part I, no. 100 of 1 May 1934, as amended and supplemented, shall be amended as follows: 1. Article 84 shall read as follows: "" Art. 84. -It constitutes a crime and is punishable by imprisonment from 6 months to one year or with a fine, if the act does not constitute a more serious crime, the commission of one of the following facts: 1. issuance of a check without having authorization of the carriage; 2. issuance of a cheque without having to be drawn sufficiently available or the arrangement at all times in part of the availability had before the passing of the deadlines fixed for the presentation; 3. issuance of a check with the false date or missing one of the following essential elements: a) name of cheque; b) the amount of money to be paid; c) the name of the carriage d) date of issue of the cheque e) the signature provided in art. 11 11; 4. issuance of a check in violation of art. 6 6 para. 3 3. " 2. Article 85 shall read as follows: "" Art. 85. -Issuance without right of circular cheques constitutes contravention and is sanctioned with a fine of 30,000 lei per 100,000 lei. Finding and sanctioning the contravention provided in par. 1 are made by police bodies. Contravention provided in par. 1 1 the provisions applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " + Article 24 Law no. 22/1969 on the hiring of managers, the establishment of guarantees and liability in relation to the management of the goods of economic agents, public authorities or institutions, published in the Official Bulletin no. 132 of 18 November 1969, as amended, shall be amended as follows: 1. In Article 1, paragraph 1 shall read as follows: "" Art. 1. -Manager, within the meaning of this law, is that employee of a legal person provided in art. 176 of the Criminal Code that has as main duties the receipt, preservation and issuance of goods in the administration, use or possession, even temporarily, of it. " 2. Article 4 shall read as follows: "" Art. 4. -It cannot be managed the one convicted of committing any of the following crimes: a) intentional crimes against heritage; b) corruption and service offences; c) offences of forgery; d) the offences provided by Law no. 31/1990 on companies, republished, with subsequent amendments and completions; e) the offences provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished; f) the offences provided by Law no. 241/2005 to prevent and combat tax evasion, as amended; g) the offences provided by this law. He cannot be employed or passed as manager against whom the criminal action was set in motion for the commission of any of the crimes provided in par. 1. Setting in motion the criminal action for one of the offences provided in par. 1 1 attracts suspension of the quality of the manager. " 3. Article 35 shall read as follows: "" Art. 35. -The creation of pluses in management by fraudulent means is a crime and is punishable by imprisonment from 6 months to 2 years or with a fine. If the fraudulent means constitute a crime itself, the rules on the contest of crimes shall apply. " 4. Article 37 shall read as follows: "" Art. 37. -Alienation of movable property constituted warranty according to art. 10, without the prior consent of the legal person provided in art. 176 of the Criminal Code, constitutes a crime and is punishable by imprisonment from one month to one year or fine. " 5. Annex shall be repealed. + Article 25 Article 11 of Decree no. 588/1973 on the valorization of mine flowers that do not contain native gold, republished in the Official Bulletin no. 195 of 8 December 1973, as amended, shall be repealed. + Article 26 Article 6 of Decree no. 340/1981 on the regime of radio transmitters, published in the Official Bulletin no. 92 of 27 November 1981, is amended and shall read as follows: "" Art. 6. -The possession, construction, installation, experimentation or use, without right, of radioelectric transmitters, as well as the modification, without right, of their working characteristics constitutes a crime and is punishable by imprisonment from one month to a year or a fine. " + Article 27 Decree-Law no. 15/1990 on the pursuit, trial and punishment of certain crimes of speculation, published in the Official Gazette of Romania, Part I, no. 7 7 of 12 January 1990, shall be repealed. + Article 28 Decree-Law no. 24/1990 on the sanctioning of abusive housing in the state housing stock, published in the Official Gazette of Romania, Part I, no. 10 10 of 15 January 1990, shall be repealed. + Article 29 Decree-Law no. 41/1990 on the provision of a climate of order and legality, published in the Official Gazette of Romania, Part I, no. 16 16 of 27 January 1990, shall be repealed. + Article 30 Law no. 12/1990 * *) on the protection of the population against illicit commercial activities, republished in the Official Gazette of Romania, Part I, no. 291 of 5 May 2009, is amended as follows: Note
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* *) Law no. 12/1990 was republished in the OFFICIAL GAZETTE no. 121 121 of 18 February 2014.
---------- 1. The title of the law will read: " LEGE on the protection of the population against illicit production, trade or service activities ' 2. Article 1 shall read as follows: "" Art. 1. -The following acts represent activities of production, trade or supply of illicit services and constitute contraventions, if they were not committed under such conditions as to be considered, according to the criminal law, crimes: a) performing production, trade or service activities, as the case may be, without fulfilling the conditions established by law; b) the ambulance sale of any goods in places other than those authorized by mayors, county councils or prefectures; c) the conditioning of the sale of some goods or the provision of services for the purchase of other goods or the provision of services; d) the exposure for sale or sale of goods or any other products without specifying the term of validity or with the expired term of validity; e) performing production, trade or service activities, as the case may be, with goods whose provenance is not proven, under the law. The documents of origin will accompany the goods, regardless of where they are, during transport, storage or marketing. The documents of origin shall be understood, as the case may be, the tax invoice, the invoice, the accompanying notice of the goods, the customs documents, the external invoice or any other documents established by law; f) non-declaration by economic operators to the tax authorities, before the application, of the commercial and commission additions; g) the omission of the preparation and display, in the establishment, at the places of sale or service, by the economic operators of prices and tariffs, of the quality category of the products or services or, where applicable, of the price list and tariffs; h) non-exposure to the sale of existing goods, preferential sale, unjustified refusal of sale thereof or of the provision of services covered by the activity of the economic operator; i) accumulation of goods from the internal market in order to create a deficit on the market and their subsequent resale or suppression of fair competition; j) overcoming by any economic operator the maximum additions established by Government decisions, at the formation of retail prices; k) falsification or substitution of goods or any other products, as well as exposure for sale or sale of such goods, knowing that they are falsified or substituted. " 3. Article 2 shall read as follows: "" Art. 2. -(1) Contraventions provided in art. 1 committed by individuals is sanctioned with a fine of 500 lei to 5,000 lei, and if they are committed by legal entities, with a fine of 2,000 lei to 20,000 lei. (2) The finding of contraventions and the application of sanctions shall be made by officials from the specialized apparatus of the mayor, the bodies of the Financial Guard, the financial control bodies and the personnel of the Romanian Police, the Romanian Gendarmerie and Romanian Border Police. (3) Contraventions provided in art. 1 lit. b)-d), g), h) and k) are also found and sanctioned by the inspectors of the National Authority for Consumer Protection. ((4) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes. " 4. Article 3 shall be repealed. 5. Article 4 shall read as follows: "" Art. 4 The goods that served or were intended to serve in the commission of any of the facts provided for in art. 1, if they are of the offender, as well as the amounts of money and the goods acquired by committing the contravention shall be confiscated. " 6. Article 5 shall be repealed. 7. Article 6 shall read as follows: "" Art. 6. -Contraventions provided for in art. 1 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " + Article 31 Article 48 ^ 1 of Law no. 17/1990 * *) on the legal regime of inland maritime waters, territorial sea, contiguous area and exclusive economic zone of Romania, republished in the Official Gazette of Romania, Part I, no. 765 of 21 October 2002, with subsequent amendments and completions, shall be amended and shall read as follows: Note
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* *) Law no. 17/1990 was republished in the OFFICIAL GAZETTE no. 252 252 of 8 April 2014.
---------- "" Art. 48 48 ^ 1. -(1) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine the discharge of polluting substances from a ship in: a) inland sea waters or port aquariums, in which the Marpol 73/78 Convention applies; b) territorial sea; c) the exclusive economic zone or equivalent area established in accordance with international law; d) the high seas. (2) The breastfeed provided in par. (1), committed at fault, shall be punished with imprisonment from one month to one year or fine. (3) The fit provided in par. ((1) which has caused a significant deterioration in the quality of the waters or significant damage to marine life is punishable by imprisonment from one year to 5 years. (4) The fit provided in par. (3), committed at fault, shall be punished with imprisonment from 6 months to 3 years or with a fine. " + Article 32 Article 48 of Law no. 26/1990 on the trade register, republished in the Official Gazette of Romania, Part I, no. 49 of 4 February 1998, as amended and supplemented, shall be repealed. + Article 33 Law no. 31/1990 on companies, republished in the Official Gazette of Romania, Part I, no. 1.066 of 17 November 2004, as amended and supplemented, shall be amended as follows: 1. In Article 6, paragraph 2 shall read as follows: " (2) The persons who, according to the law, are incapable or who have been convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, crimes of forgery in documents, evasion, cannot be founders. tax, offences provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, or for the crimes provided by this law. " 2. Article 271 shall read as follows: "" Art. 271. -It is punishable by imprisonment from 6 months to 3 years or with a fine the founder, administrator, general manager, director, member of the supervisory board or directorate or legal representative of the company who: a) presents, in bad faith, in the prospectuses, reports and communications addressed to the public, untrue data on the formation of the company or on the economic or legal conditions of it or hide, in bad faith, in whole or in part, such data; b) presents, in bad faith, to shareholders/associates a inaccurate financial situation or with inaccurate data on the economic or legal conditions of the company, in order to hide its real situation; c) refuse to make available to experts, in cases and under the conditions provided in art. 26 26 and 38, the necessary documents or prevent them, in bad faith, from carrying out the duties received. " 3. Article 272 shall read as follows: "" Art. 272. -(1) It is punishable by imprisonment from 6 months to 3 years or with a fine the founder, administrator, general manager, director, member of the supervisory board or directorate or legal representative of the company who: a) acquires, in the account of the company, shares of other companies, at a price that it knows clearly superior to their actual value, or sells, on account of the company, shares that it holds, at prices that it is aware of lower their actual value, for the purpose of obtaining, for himself or for other persons, a use in the damage of society; b) uses, in bad faith, goods or credit enjoyed by the company, for a purpose contrary to its interests or for its own benefit or to favor another company in which it has direct or indirect interests; c) borrow, in any form, directly or through an interposed person, from the company he manages, from a company controlled by this or from a company that controls the company he manages, the amount borrowed being superior to the limit provided in art. 144 ^ 4 para. ((3) lit. a), or makes one of these companies grant him any guarantee for his own debts; d) violate the provisions of art 183. (2) It is not a criminal offence provided in par. ((1) lit. b), if it was committed by the administrator, the director, the member of the directorate or the legal representative of the company in treasury operations between the company and other companies controlled by it or controlling it, directly or indirectly. (3) It is not a criminal offence provided in par. ((1) lit. c), if it is committed by a commercial company that has the status of founder, and the loan is made from one of the controlled companies or who control it, directly or indirectly. " 4. Article 272 ^ 1 shall read as follows: "" Art. 272 272 ^ 1. -It is punishable by imprisonment from one year to 5 years the founder, administrator, general manager, director, member of the supervisory board or directorate or legal representative of the company who: a) spread false news or use other fraudulent means that have the effect of increasing or decreasing the value of the shares or bonds of the company or other securities belonging to him, for the purpose of obtaining, for himself or for other persons, a use in the damage of society; b) collect or pay dividends, in any form, from fictitious profits or that could not be distributed, in the absence of the annual financial situation or contrary to those resulting from it. " 5. Article 273 shall read as follows: "" Art. 273. -It is punishable by imprisonment from 3 months to 2 years or by fine the administrator, the general manager, the director, the member of the supervisory board or the directorate or the legal representative of the company who: a) issue shares of less than their legal value or at a price lower than the nominal value or issue new shares in exchange for cash contributions, before the previous shares have been paid in full; b) is used, in general meetings, by unsubscribed or undistributed shares to shareholders; c) grants loans or advances on the shares of the company or constitutes guarantees under conditions other than those provided by law; d) hand over to the holder the shares before the term or hand over shares released in whole or in part, apart from the cases established by law, or issue bearer shares without being paid in full; e) does not comply with the legal provisions regarding the cancellation of unpaid shares; f) issue bonds without complying with legal provisions or actions without including the mentions required by law. " 6. Article 274 shall read as follows: "" Art. 274. -It is punishable by imprisonment from one month to one year or by fine the administrator, the general manager, the director, the member of the supervisory board or the directorate or the legal representative of the company who: a) meets the decisions of the general meeting regarding the change of the form of the company, the merger or its division or the reduction of the share capital, before the expiry of the deadlines provided by law; b) meets the decisions of the general meeting relating to the reduction of the share capital, without the members being executed for carrying out the varsamant due or without having been exempted, by the decision of the general assembly, of payment Subsequent payments; c) meets the decisions of the general meeting regarding the change of the form of the company, merger, division, dissolution, reorganization or reduction of the share capital, without informing the judicial body or in violation of the prohibition established by it, in the event that the prosecution has begun to prosecute. " 7. Article 275 shall read as follows: "" Art. 275. -(1) It is punishable by imprisonment from one month to one year or by fine the administrator, the general manager, the director, the member of the supervisory board or the directorate who: a) violates, even through persons interposed or by simulated acts, the provisions of art. 144 144 ^ 3; b) does not convene the general meeting in the cases provided by law or violates the provisions of 193 193 para. ((2); c) commence operations on behalf of a limited liability company before the full payment of the share capital has been made; d) issue negotiable securities representing shares of a limited liability company; e) acquires shares of the company in its account in cases prohibited by law. (2) With the punishment provided in par. (1) is also punishable by the associate who violates the provisions of art. 127 127 or art. 193 193 para. ((2). ' 8. Article 277 shall read as follows: "" Art. 277. -(1) It is punishable by imprisonment from 3 months to a year or with a fine the person who accepted or kept the charge of censor, contrary to the provisions of art. 161 161 para. (2), or the person who accepted the assignment of expert, in violation of the provisions of art. 39. (2) The decisions taken by the general meetings on the basis of a report of a censor or expert, appointed in violation of the provisions of art. 161 161 para. ((2) and art. 39 39, cannot be cancelled due to the violation of the provisions contained in those articles. (3) With the punishment provided in par. (1) the founder, administrator, director, executive director or censor who exercises his functions or tasks in violation of the provisions of this law relating to incompatibility shall also be punished. " 9. In Article 278, paragraph 2 shall read as follows: " (2) It is punishable by imprisonment from one month to one year or by fine the liquidator who makes payments to associates in violation of the provisions of art. 256 256. " 10. Article 279 shall read as follows: "" Art. 279. -(1) It is punishable by imprisonment from 3 months to 2 years or with a fine the shareholder or bondholder who: a) pass its shares or bonds on behalf of other persons, in order to form a majority in the general meeting, to the detriment of other shareholders or bondholders; b) vote in general meetings, in the situation referred to in lett. a), as owner of shares or bonds that in reality do not belong to him; c) in exchange for an undue material use, it undertakes to vote in a certain sense in the general assembly or not to take part in the vote. (2) The determination of a shareholder or a bondholder that, in exchange for an undue material use, to vote in a certain sense in the general meetings or not to take part in the vote shall be punishable by imprisonment from 6 months to 3 years or with fine. " 11. Article 280 shall be repealed. 12. Article 280 ^ 1 shall read as follows: "" Art. 280 280 ^ 1. -Fictitious transmission of social parts or shares held in a commercial company, for the purpose of committing a crime or evading criminal prosecution or for the purpose of making it difficult, shall be punishable by imprisonment from one year years. " 13. Article 280 ^ 2 shall be repealed. 14. Article 280 ^ 3 shall read as follows: "" Art. 280 280 ^ 3. -The use, with science, of the acts of a radiated society, in order to produce legal consequences, constitutes a crime and is punishable by imprisonment from 3 months to 3 years or with a fine. " 15. Article 281 shall read as follows: "" Art. 281. -The facts provided for in this Title, if, according to the Criminal Code or special laws, constitute more serious crimes, shall be sanctioned with the penalties provided for by them. " + Article 34 Article 5 of Law no. 11/1991 on combating unfair competition, published in the Official Gazette of Romania, Part I, no. 24 of January 30, 1991, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 5. -It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine: a) the use of a company, emblem or packaging likely to cause confusion with those used legitimately by another trader; b) the commercial use of the results of experiments or other confidential information in relation to them, transmitted to the competent authorities for the purpose of obtaining marketing authorisations for pharmaceutical products or chemical products intended for agriculture, containing new chemical compounds; c) the disclosure, acquisition or use of trade secret by third parties, as a result of a commercial or industrial espionage action, if the interests or activity of a legal person are affected by it; d) disclosure or use of trade secrets by persons empowered by legitimate holders of these secrets in order to represent them before public authorities or public institutions, if its interests are affected by this activity of a legal person; e) the use by a person of those provided in art. 175 175 para. (1) of the Criminal Code of commercial secrets from which he became aware in the exercise of his duties, if the interests or activity of a legal person are affected by this; f) production in any way, import, export, storage, offering for sale or sale of goods or services bearing false mentions of patents, patents for plant varieties, trademarks, geographical indications, drawings or industrial models, topographies of semiconductor products, other types of intellectual property, such as the external appearance of the company, the design of the windows or the clothing of the staff, the advertising means and the like, the origin and the characteristics of the goods, and the name of the manufacturer or the trader, in order to mislead the other traders and the beneficiaries. By false mentions of the origin of goods, within the meaning of paragraph 1 lit. f), it is understood any indications of a nature to make it believe that the goods were produced in a certain locality, in a certain territory or in a certain state. False mention shall not be made of the origin of the goods the name of a product whose name has become generic and indicates in trade only its nature, unless the name is accompanied by a mention which might make it believe that it has that origin. " + Article 35 Articles 107, 110, 110 ^ 1 (a) and 110 ^ 2 (a) Law of Land Fund no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998, as amended and supplemented, shall be repealed. + Article 36 Law no. 50/1991 on the authorization of the execution of construction works, republished in the Official Gazette of Romania, Part I, no. 933 of 13 October 2004, as amended and supplemented, shall be amended as follows: 1. Article 24 shall read as follows: "" Art. 24. -They constitute crimes and are punishable by imprisonment from 3 months to one year or with a fine the following facts: a) execution without authorization to build or abolish or with non-compliance with its provisions of the works provided in art. 3 3 para. ((1) lit. b), c), e) and g), with the exceptions provided by law; b) continuation of the execution of works after the disposition of their stop by the competent control bodies, according to the law; c) preparation or signing of technical documentation-D.T. necessary for the authorization of the execution of construction works, as well as of technical projects and execution documentation, for specialties other than those certified by diploma university, under the conditions provided in art. 9 9. " 2. Article 25 shall be repealed. 3. In Article 26 (1), points a) and b) shall read as follows: " a) the execution or abolition, total or partial, without authorization of the works provided for in art. 3 3, except those mentioned in lett. b), c), e) and g), by the investor and the executor; b) execution or abolition, with non-compliance with the provisions of the authorization and of the technical project, of the works provided 3 3, except those referred to in lett. b), c), e) and g), as well as the continuation of the execution of authorized works without the request of a new building permit in the situations provided for in 7 7 para. ((15), by the investor and the executor; " + Article 37 Law no. 51/1991 *) on the national security of Romania, published in the Official Gazette of Romania, Part I, no. 163 of 7 August 1991, shall be amended as follows: Note
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* *) Law no. 51/1991 was republished in the OFFICIAL GAZETTE no. 190 190 of 18 March 2014.
---------- 1. Article 19 shall be repealed. 2. Article 21 shall read as follows: "" Art. 21. -Information on the particular life, honor or reputation of persons, known incidentally in obtaining the data necessary for national security, cannot be made public. Disclosure or use, without right, by the employees of the data services provided in par. 1 constitutes a crime and is punishable by imprisonment from 2 to 7 years. The attempt is punishable. " 3. Article 22 shall be repealed. + Article 38 Paragraph 1 of Article 29 of Law no. 60/1991 * *) on the organization and conduct of public meetings, republished in the Official Gazette of Romania, Part I, no. 888 888 of 29 September 2004, shall be repealed. Note
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* *) Law no. 60/1991 was republished in the OFFICIAL GAZETTE no. 186 186 of 14 March 2014.
---------- + Article 39 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. 77 of 31 January 2011, shall be amended and supplemented as follows: Note
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* *) Law no. 61/1991 was republished in the OFFICIAL GAZETTE no. 96 96 of 7 February 2014.
---------- 1. Article 2 shall be repealed. 2. in Article 3, after paragraph 34, two new points, paragraphs 35) and 36 shall be inserted, with the following contents: " 35) non-insurance by the responsible or patrons, by personal or specialized personnel, of public order in public places, hotels, motels, campsites, clubs, hostels, discos and in other places of entertainment or leisure that they 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; 36) preventing, in any form, the bodies responsible for maintaining public order to fulfill their service obligations regarding the legitimation or management of a person at the police headquarters or other state body or to take the measures necessary to maintain or restore public order. " 3. In Article 4 (1), after letter e) a new letter, letter f) is inserted, with the following contents: " f) with a fine of 3,000 lei to 6,000 lei, the facts provided in section 35 35) and 36). ' + Article 40 Law no. 64/1991 *) on patents, republished in the Official Gazette of Romania, Part I, no. 541 of 8 August 2007, as amended, shall be amended as follows: Note
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* *) Law no. 64/1991 was republished in the OFFICIAL GAZETTE no. 613 613 of 19 August 2014.
---------- 1. Article 58 shall read as follows: "" Art. 58. -(1) Insuering without right, in any way, the quality of inventor constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. ((2) Impacation shall remove criminal liability. " 2. In Article 59, paragraphs 1 and 2 shall read as follows: "" Art. 59. -(1) Violation of provisions of art. 32 32 para. (2) constitutes the crime of counterfeiting and is punishable by imprisonment from 3 months to 2 years or with a fine. ((2) Impacation shall remove criminal liability. " 3. In Article 62, paragraph 1 shall read as follows: "" Art. 62. -(1) The divorce by the OSIM staff as well as by persons carrying out work in relation to the inventions of the data contained in the patent applications until their publication constitutes a criminal offence and is punishable by imprisonment from 3 months at 3 years or with a fine. " + Article 41 Article 43 of Accounting Law no. 82/1991 , republished in the Official Gazette of Romania, Part I, no. 454 of 18 June 2008, as amended and supplemented, shall be repealed. + Article 42 Law no. 82/1992 on state reserves, republished in the Official Gazette of Romania, Part I, no. 354 of 11 December 1997, as amended and supplemented, shall be amended as follows: 1. Article 9 shall be repealed. 2. In Article 10, paragraph 1 shall read as follows: "" Art. 10. -Economic operators referred to in art. 4 are obliged to complete, within 30 days from the date of the finding of the decrease, the quantities of products the state reserve. " + Article 43 Article 26 of Law no. 84/1992 on the regime of free zones, published in the Official Gazette of Romania, Part I, no. 182 of 30 July 1992, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 26. -The introduction in the free zones of goods or goods whose import is Romanian on the territory of Romania constitutes a crime and is punishable by imprisonment from one year to 5 years, if the act does not constitute a more serious crime. The introduction of goods in free zones to become waste in these areas constitutes a crime and is punishable by imprisonment from one year to 5 years, if the act does not constitute a more serious crime. The attempted crimes provided in par. 1 1 and 2 is punishable. " + Article 44 Article 64 of Law no. 94/1992 * *) on the organization and functioning of the Court of Accounts, republished in the Official Gazette of Romania, Part I, no. 282 of 29 April 2009, as amended, shall be amended and shall read as follows: Note
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* *) Law no. 94/1992 was republished in the OFFICIAL GAZETTE no. 238 238 of 3 April 2014.
---------- "" Art. 64. -(1) The non-recovery of damages, as a result of non-disposition and non-prosecution of the entity's management of the measures transmitted by the Court of Accounts, constitutes a crime and is punishable by imprisonment from 3 months to one year or with a fine. (2) If the act provided in par. (1) was committed at fault, the punishment is fine. " + Article 45 Law no. 129/1992 * *) on the protection of drawings and models, republished in the Official Gazette of Romania, Part I, no. 876 of 20 December 2007, as amended, shall be amended as follows: Note
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* *) Law no. 129/1992 was republished in the OFFICIAL GAZETTE no. 242 242 of 4 April 2014.
---------- 1. Article 50 shall read as follows: "" Art. 50. -(1) Insuering without right, in any way, the quality of author of the drawing or the model constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. ((2) Impacation shall remove criminal liability. " 2. Article 52 shall read as follows: "" Art. 52. -(1) The commission without right of any act provided for in art. 30, after the date of registration of the design, constitutes the crime of counterfeiting and is punishable by imprisonment from 3 months to 2 years or with a fine. ((2) Impacation shall remove criminal liability. " + Article 46 Article 15 ^ 2 of Law no. 82/1993 on the establishment of the Biosphere Reserve "Danube Delta", published in the Official Gazette of Romania, Part I, no. 283 of 7 December 1993, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 15 15 ^ 2. -violation of the prohibition provided in art. 15 ^ 1 constitutes a crime and is sanctioned with a fine and a prohibition of the right to fish for a period of between one year and 3 years. " + Article 47 Paragraph 1 of Article 43 of the Government Ordinance no. 65/1994 on the organization of the activity of accounting expertise and authorized accountants, republished in the Official Gazette of Romania, Part I, no. 13 of 8 January 2008, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 43. -(1) The exercise of any attributions specific to the quality of accounting or accounting expert authorized by unauthorized persons constitutes a crime and is punishable according to the criminal law. " + Article 48 Law no. 10/1995 on quality in construction, published in the Official Gazette of Romania, Part I, no. 12 of 24 January 1995, as amended, shall be amended as follows: 1. Article 31 shall read as follows: "" Art. 31. -Design, verification, expertise, realization of a construction or execution of its modifications without compliance with technical regulations on stability and resistance, if in this way life or integrity is endangered body of one or more persons, constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of some rights. The act provided in par. 1, if it produced one or more of the following consequences: loss of life, serious injury to the bodily integrity or health of one or more persons, total or partial destruction of the construction, destruction or the degradation of important installations or machinery or other particularly serious consequences, constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. If the facts provided in par. 1 were committed at fault, the special limits of penalties are reduced by half. " 2. Article 32 shall be repealed. + Article 49 Law no. 15/1995 on the approval of the maximum volume of wood mass to be harvested in 1995, published in the Official Gazette of Romania, Part I, no. 41 41 of 27 February 1995, shall be repealed. + Article 50 Article 38 of Law no. 16/1995 * *) on the protection of topographies of semiconductor products, republished in the Official Gazette of Romania, Part I, no. 824 of 6 October 2006, as amended, shall be amended and shall read as follows: Note
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* *) Law no. 16/1995 was republished in the OFFICIAL GAZETTE no. 211 211 of 25 March 2014.
---------- "" Art. 38. -(1) Commercial exploitation or production without right of a protected topography or a semiconductor product in which a protected topography or a circuit element incorporating such a semiconductor product is incorporated, in the extent to which this element continues to contain a topography, if the act was committed after the date of publication of the registration of topography in the National Register of topographies, constitutes the crime of counterfeiting and is punishable by imprisonment from 3 months to 2 years or a fine. ((2) Impacation shall remove criminal liability. " + Article 51 Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished in the Official Gazette of Romania, Part I, no. 98 of 7 February 2011, as amended, shall be amended as follows: 1. Article 14 (d) shall be repealed. 2. Article 39 shall read as follows: "" Art. 39. -(1) In the exercise of the profession, lawyers are protected by law, without being able to be assimilated to civil servants, except in situations where they attest to the identity of the parties, the content or the date of an act (2) The lawyer is obliged to respect the solemnity of the hearing, not to use words or expressions of a nature to prejudice the authority, the dignity and the honor of the court, the prosecutor, the other lawyers and the parties or their representatives in the process. (3) The lawyer shall not be criminally liable for oral or written submissions, in the appropriate form and in compliance with the provisions of par. ((2), before the courts, the prosecution bodies or other administrative bodies of jurisdiction, nor if they are in connection with the consultations offered to the litigants or with the wording of the defence in that case, if they are made with compliance with professional deontology norms. (4) Failure by the lawyer of the provisions of par. ((2) and (3) constitute serious disciplinary misconduct. Disciplinary liability does not exclude criminal or civil liability. " 3. In Article 60, paragraph 6 shall read as follows: "(6) The non-right use of the names" Barou "," National Union of Bars of Romania "," U.N.B.R. " or the "Union of Lawyers of Romania" or of the names specific to the forms of exercising the profession of lawyer, as well as the use of the specific marks of the profession or the wearing of the lawyer's robe under conditions other than those provided by the present law constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. " + Article 52 Article 37 of Law no. 126/1995 *) on the regime of explosive materials, republished in the Official Gazette of Romania, Part I, no. 660 of 15 September 2011, is amended and will read as follows: Note
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* *) Law no. 126/1995 was republished in the OFFICIAL GAZETTE no. 177 177 of 12 March 2014.
---------- "" Art. 37. -It constitutes a crime and is punishable by imprisonment from 3 months to one year or with a fine: a) any operations with pyrotechnic articles carried out without right; b) the marketing of pyrotechnic articles of categories 1 and P1 to persons who have not reached the age of 18 years; c) marketing to the general public pyrotechnic articles intended to be used by pyrotechnicians. " + Article 53 Article 65 of Law of cadastre and real estate advertising no. 7/1996 *), republished in the Official Gazette of Romania, Part I, no. 201 of March 3, 2006, with subsequent amendments and completions, shall be amended and shall read as follows: Note
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* *) Law no. 7/1996 was republished in the OFFICIAL GAZETTE no. 83 83 of 7 February 2013.
---------- "" Art. 65. -(1) The finding of contraventions and the application of sanctions shall be carried out by the National Agency, by its powers. (2) The contraventions provided for in this Law are applicable to their provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (3) Modification of materializations of property limits, establishment or relocation of boundary signs and landmarks marking the area limits of railway, roads, channels, airports, ports, waterways, boundary delimitations cadastral, forestry, geological and mining, without right, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine, if the act does not constitute a more serious crime. " + Article 54 Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of 26 March 1996, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 139 ^ 2, after letter e) a new letter, letter f) is inserted, with the following contents: "f) public communication, without the authorization or consent of the holder of the rights recognized by this law, of the works or of the products bearing the related rights." 2. Article 139 ^ 4 is amended and shall read as follows: "" Art. 139 139 ^ 4. -(1) It constitutes a contravention, if it does not represent a crime, and is sanctioned with a fine of 10,000 lei to 50,000 lei and the confiscation of pirate-pirate or pirate-pirate devices for access control of legal persons or persons authorized to allow access to the premises, equipment, means of transport, goods or services, in order to commit by another person of a contravention provided by this law. (2) With the fine provided in par. (1) it is also sanctioned the act of economic operators who violate the obligation provided in art. 145 145 para. ((3). (3) For the repetition of the commission of the facts provided in (1) and (2), which resulted in the commission of the crimes provided for in art. 139 ^ 6 within one year, the finding body may also apply the complementary sanction of suspension of the activity or of one of the activities of the legal person for a duration of up to 6 months. " 3. Article 139 ^ 6 is amended and shall read as follows: "" Art. 139 139 ^ 6. -(1) It constitutes crimes and is punishable by imprisonment from 6 months to 3 years or with a fine the following facts: a) the realization, for the purpose of distribution, of pirate-goods; b) the placing of the pirate-goods under a definitive customs import or export procedure, under a customs duty suspension or in free zones; c) any other way of introducing the pirate-goods to the internal market. (2) With the punishment provided in par. (1) it is sanctioned and offered, the distribution, possession or storage or transport of pirate goods, for the purpose of distribution. (3) If the facts provided in par. (1) and (2) are committed for commercial purposes, they shall be punished with imprisonment from 2 to 7 years. (4) With the punishment provided in par. (3) is also punishable by renting or offering for rent-pirate. ((5) The promotion of pirate-goods by using public notices or electronic means of communication, by exposing or presenting to the public the lists or catalogues of products or by any other such means offence and is punishable by imprisonment from 3 months to 2 years or a fine. (6) For the purposes of this law, the pirate-goods shall mean all copies, regardless of the support, including the covers, made without the consent of the rightholder or the legal person authorized by him and who are executed, directly or indirectly, in whole or in part, from a copyrighted product or related rights or from their packaging or covers. (7) For the purposes of this law, commercial purpose means the pursuit of obtaining, directly or indirectly, an economic or material advantage. (8) The commercial purpose is presumed if the pirate-ship is identified at the premises, at the working points, in their annexes or in the means of transport used by the economic operators who are in the activity of reproduction, distribution, the rental, storage or transport of copyright or related rights. '; 4. Article 139 ^ 7 shall be repealed. 5. Article 139 ^ 8 is amended and shall read as follows: "" Art. 139 139 ^ 8. -It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine making available to the public, including through the Internet or other computer networks, without right, works or rights-bearing products. . Related or rights-related rights of database manufacturers or their children, regardless of the support, so that the public can access them at any place or at any time chosen individually. " 6. Article 139 ^ 9 is amended and shall read as follows: "" Art. 139 139 ^ 9. -It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine reproduction unauthorized on computer program calculation systems in any of the following ways: installation, storage, running or execution, Internal network display or transmission. '; 7. Article 140 is amended and shall read as follows: "" Art. 140. -(1) It constitutes crimes and is punishable by imprisonment from one month to one year or by fine the following acts committed without the authorization or consent of the holder of the rights recognized by this law: a) the reproduction of works or related products; b) the distribution, rental or importation into the internal market of works or of the products bearing the related rights, other than the pirate-goods; c) the broadcasting of works or related products; d) cable retransmission of works or related rights-bearing products; e) the realization of derivative works; f) the fixing, for commercial purposes, of interpretations or artistic executions or of broadcasting or television programmes; g) violation of art. 134. (2) By products bearing the related rights, it is understood the artistic interpretations or executions fixed, the phonograms, the videograms and their own programmes or programme services of the broadcasting and television organisations. " 8. Article 141 is amended and shall read as follows: "" Art. 141. -(1) It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine the act of the person who appropriates, without right, in whole or in part, the work of another author and presents it as an intellectual creation of its own. ((2) Impacation shall remove criminal liability. " 9. Article 141 ^ 1 is amended and shall read as follows: "" Art. 141 141 ^ 1. -(1) The production, import, distribution, possession, installation, maintenance or replacement, in any way, of access control devices, either original or pirate, used for the program services with conditional access, constitute offence and is punishable by imprisonment of 6 months to 3 years or a fine. (2) The fit of the person who is connected without right or who refreshments without right another person to services of programs with conditional access constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. ((3) The use of public notices or electronic means of communication for the purpose of promoting the control-pirate devices for access to the services of programmes with conditional access, as well as the exposure or presentation to the public in any way, without right, of the information necessary to make devices of any kind, capable of ensuring unauthorized access to the services of specified programs, with conditional access, or intended for unauthorized access in any way to such services, constitutes crimes and is punishable by imprisonment from one month to one year or fine. (4) The sale or rental of access control pirate devices shall be punishable by imprisonment from one year to 5 years. (5) For the purposes of this law, by means of access control-pirate provision means any device whose manufacture has not been authorized by the holder of the rights recognized by this law in relation to a particular program service television with conditional access, made to facilitate access to that service. " 10. In Article 143, paragraph 2 shall be amended and shall read as follows: " (2) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or by fine the act of the person who, without right, removes, for commercial purposes, from works or other protected products or changes on them any information in the form the electronic system of copyright or related rights applicable. '; 11. In Article 143 ^ 1, paragraph 3 is amended and shall read as follows: " (3) If the persons who committed crimes under this law have repaired, until the end of the judicial investigation before the first instance, the damage caused to the rightholder, the special limits of the sentence shall be reduced Half. " + Article 55 National Archives Law no. 16/1996 * *), published in the Official Gazette of Romania, Part I, no. 71 of 9 April 1996, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 16/1996 was republished in the OFFICIAL GAZETTE no. 293 293 of 22 April 2014.
---------- 1. Article 27 shall be repealed. 2. Article 28 shall read as follows: "" Art. 28. -Removing over the border, without right, of documents that are part of the National Archival Fund of Romania constitutes a crime and is punishable by imprisonment from one year to 5 years or with a fine. Alienation, without right, of the documents provided in par. 1 to foreign natural or legal persons constitutes a crime and is punishable by imprisonment from 2 to 7 years. The attempt is punishable. " + Article 56 Competition law no. 21/1996 *), republished in the Official Gazette of Romania, Part I, no. 742 of 16 August 2005, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 21/1996 was republished in the OFFICIAL GAZETTE no. 240 240 of 3 April 2014.
---------- 1. In Article 17 (3 ^ 1), letter h) shall read as follows: " h) is not incapable or has not been convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, offences of forgery in documents, tax evasion, offences provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, or for the crimes provided by this law or other crimes committed with intent, for which the law provides for a prison sentence of 3 years or more. " 2. In Article 17 (8), letter f) shall read as follows: "f) by revocation, for the serious violation of this law or for conviction, by final court decision, for the commission of a crime." 3. Article 60 shall read as follows: "" Art. 60. --(1) The fit of any person exercising the position of administrator, legal representative or who exercises in any other way management positions in an enterprise to conceive or organize, with intent, any of the practices prohibited according to Art. 5 5 para. (1) and which are not exempted according to the provisions of art. 5 5 para. (2) constitutes a crime and is punishable by imprisonment from 6 months to 5 years or with a fine and prohibition of some rights. (2) It is not punishable the person who, before the prosecution is started, denounces the prosecution bodies his participation in the commission of the crime provided in par. (1), thus allowing the identification and criminal liability of the other participants. (3) The person who committed the crime provided by par. (1), and during the criminal investigation denounces and facilitates the identification and criminal liability of other persons who committed this crime benefit from the reduction in half of the limits of the sentence provided by law. (4) Provisions of para. ((1) and (2) shall not apply to the practice prohibited by art. 5 5 para. ((1) lit. f), when it is carried out by agreement between the participants in a public auction to distort the price of adjudication, in which case the regulations specific to this field apply. (5) The court orders the display or publication of the final judgment of conviction. " 4. Article 62 shall be repealed. + Article 57 Law no. 31/1996 on the state monopoly regime, published in the Official Gazette of Romania, Part I, no. 96 of 13 May 1996, as amended and supplemented, shall be amended as follows: 1. Article 7 shall read as follows: "" Art. 7. -No licence is granted to persons who have been convicted of corruption offences, embezzlement, deception, tax evasion, money laundering, offences relating to non-compliance with the regime of weapons, ammunition, nuclear materials and explosive materials, crimes related to drug trafficking or precursors, crimes against national security or terrorism offences, as well as to persons convicted of committing the crime provided in art. 13 13 para. 1 1. " 2. Article 13 shall read as follows: "" Art. 13. -Unlicensed conduct of any of the activities reserved for the state monopoly, provided in art. 2 lit. a)-d) and g), constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. Unlicensed conduct of any of the activities referred to in art. 2 lit. e), f) and h) constitute contravention and are sanctioned with a fine of between 5,000 lei and 30,000 lei. Goods and values that have served or resulting from the commission of the contraventions provided in par. 2 seizes. " + Article 58 Article 10 of Law no. 33/1996 on the reinstatement in some economic rights of the inhabitants of the Apuseni Mountains, published in the Official Gazette of Romania, Part I, no. 105 of 23 May 1996, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 10. -The provisions of this law do not benefit the person who was sanctioned for committing a crime or contraventions provided by Law no. 46/2008 -Forest Code, with subsequent amendments and completions, in the period from the last 12 months prior to the submission of the application for wood material. " + Article 59 Law no. 34/1996 on the approval of the maximum volume of wood mass to be harvested in 1996, published in the Official Gazette of Romania, Part I, no. 105 105 of 23 May 1996, shall be repealed. + Article 60 Water Law no. 107/1996 , published in the Official Gazette of Romania, Part I, no. 244 of 8 October 1996, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 87, after paragraph 64, two new points, points 65) and 66 shall be inserted, with the following contents: " 65) restricting the use of drinking water for the public for the benefit of other activities or exceeding the amount of water allocated, if it has a systematic character or has caused a disturbance in the activity of a social protection unit or caused shortcomings in the water supply to the population; 66) continued activity after the loss of rights obtained under the law. " 2. Article 88 (1), letter a) shall be amended and shall read as follows: " a) with a fine of 75,000 lei to 80,000 lei, for legal entities, and with a fine from 25,000 lei to 30,000 lei, for individuals, the facts provided in art. 87 87 section 5 5), 6), 9), 11) -18), 21) -23), 28), 30), 34), 35), 52), 54), 56) and 58) -66); ' 3. Article 92 is amended and shall read as follows: "" Art. 92. -(1) Evacuation, disposal or injection into surface and groundwater, inland sea waters or territorial waters of waste water, waste, residues or products of any kind, containing substances, bacteria or microbes in quantity or concentration that can change the characteristics of water, endangering the life, health and bodily integrity of persons, animal life, environment, agricultural or industrial production or fish stock, constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) With the punishment provided in par. (1) the following facts are also sanctioned: a) pollution, in any way, of water resources, if it has a systematic character and causes damage to downstream water users; b) storage in the major riverbed of nuclear fuel or waste resulting from its use; c) endangering the contour embankments of the reservoirs through the holdings of mineral aggregates in the major bed or terraces. (3) Storage or use of chemical fertilizers, pesticides or other dangerous toxic substances in water protection areas is a criminal offence and is punishable by imprisonment from 3 months to 2 years or a fine. (4) If the facts provided in par. ((1) and (2) were committed at fault, the special limits of penalties shall be reduced by half. (5) Attempted to the crimes provided in par. ((1)-(3) shall be punished. " 4. Article 93 is amended and shall read as follows: "" Art. 93. -(1) Execution, modification or extension of works, construction or installation on waters or related to the waters, without legal notice or without notification of such work, as well as the commissioning of units without the concurrent operation of sewerage networks, stations and wastewater treatment facilities, according to the water management authorization, constitutes a crime and is punishable by imprisonment from one month to one year or with a fine. (2) With the punishment provided in par. (1) the following facts are also sanctioned: a) the use of water resources for different purposes, without the authorization to manage the waters or without notifying the activity; b) the operation or maintenance of works built on water or in connection with the waters, the operation of the melting activity of the teium, hemp, flax and other textile plants, the tanning of the skins and the extraction of mineral aggregates, without authorization water management; c) exploitation of mineral aggregates in areas of sanitary protection of water sources, in areas of protection of beds, banks, hydrotechnical constructions, hydrometric constructions and installations or automatic measuring facilities water quality; d) the use of minor bleeds without the authorization of water management, as well as the beach and the sea shore for purposes other than bathing or walking. (3) If the facts provided in par. ((1) and (2) were committed at fault, the special limits of penalties shall be reduced by half. " 5. Article 94 shall be repealed. 6. Article 95 is amended and shall read as follows: "" Art. 95. -(1) Maneuing by unauthorized persons of stem, barbecues, vanes, barriers or other constructions or hydrotechnical installations, the movement of vehicles on the canopy of dikes and dams not arranged for this purpose, cutting to laughter of the forest curtains for the protection of embankments and reservoirs, the blocking of the bottom gaps of the dams 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) it is sanctioned to carry out excavations, pits or ditches in dams, embankments or in the areas of protection of these works, as well as the extraction of land or other materials from the defense works, without the opinion of water management or with non-compliance (3) If the facts provided in par. ((1) and (2) were committed at fault, the special limits of penalties shall be reduced by half. (4) Attempted to the crimes provided in par. ((1) and (2) shall be punishable. " + Article 61 Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities, republished in the Official Gazette of Romania, Part I, no. 552 of 27 June 2006, as amended and supplemented, shall be amended as follows: 1. In Article 44 (1), letter b) shall read as follows: " b) with imprisonment from 2 to 7 years and the prohibition of some rights, for the unauthorized performance of some activities provided for in: art. 2 lit. a) regarding the commissioning, test operation, operation, modification, decommissioning, import and export of nuclear installations; art. 2 lit. c), if radiological installations, nuclear or radioactive materials, radioactive waste and radiation generators present a particular nuclear or radiological risk; art. 2 lit. e) and f) and art. 28 28 para. (2), if nuclear or radioactive materials, radioactive waste and radiation generators present a particular nuclear or radiological risk. " 2. Article 45 shall read as follows: "" Art. 45. -(1) The removal from operation, in whole or in part, of the surveillance and control equipment installed under the conditions of art. 31 31 para. ((1) lit. b) and para. (2), without having reasons arising from nuclear safety or radiation protection requirements, if the act does not constitute a more serious crime, it is punishable by imprisonment from 3 months to 2 years or a fine. (2) If the act provided in par. (1) is committed at fault, the sentence is imprisonment from one month to one year or fine. (3) The prevention by any means of the access of the representatives of the Commission to any place in which the activities subject to control are carried out constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of some rights. (4) The prevention, without right, in the event of a nuclear accident, of the penetration of intervention personnel in the perimeter of the areas where nuclear activities are carried out constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. ((5) The penetration without right, in any way, in a space, room or area delimited and marked in which the nuclear activities referred to in art. 2 lit. a)-f), without the consent of the person who uses them, or the refusal to leave them at their request constitutes a crime and is punishable by imprisonment from one year to 5 years. " 3. Article 46 shall read as follows: "" Art. 46. -(1) The development, manufacture, possession, import, export, transit or detonation of nuclear weapons or of any nuclear explosive devices shall be punishable by imprisonment from 10 to 25 years and the prohibition of some rights. (2) The attempt is punishable. " 4. Article 47 shall be repealed. 5. Article 52 shall read as follows: "" Art. 52. -Nuclear and radiological installations, their components, nuclear fuel, radioactive products, including radioactive waste, explosive nuclear devices or their components, which have been subject to confiscation under the conditions of provided by the Criminal Code, must be kept in a safe place, under the seal of public authorities, in compliance with the requirements of nuclear safety until the disposition of legal measures on them. " + Article 62 Article 49 of Government Ordinance no. 39/1996 on the establishment and functioning of the Deposit Guarantee Fund in the banking system, republished in the Official Gazette of Romania, Part I, no. 587 of 19 August 2010, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 49. -(1) Failure to comply with art. 4 4 para. ((1), regarding the obligation to notify the incapacity for reimbursement, or of art. 20 20 para. (1), regarding the obligation to transmit information to the Fund, 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) was committed at fault, the sentence is imprisonment from 3 months to 2 years or fine. " + Article 63 Law no. 56/1997 for the application of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction, republished in the Official Gazette of Romania, Part I, no. 116 of 10 February 2004, shall be amended as follows: 1. In Article 53 (1), letter c) shall read as follows: " c) non-transmission of declarations according to the provisions of this law, with a fine of 50,000 lei per 100,000 lei; 2. Article 55 shall read as follows: "" Art. 55. -(1) The right to use chemical weapons constitutes a crime and is punishable by imprisonment from 5 to 12 years and the prohibition of some rights. (2) The attempt is punishable. " 3. Article 56 shall read as follows: "" Art. 56. -(1) The development, production, acquisition, possession or transfer, directly or indirectly, of chemical weapons 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) it is sanctioned to evade toxic chemicals or precursors for their use for the purposes of chemical weapons. (3) The attempt is punishable. " 4. Article 57 shall be repealed. 5. Article 58 shall read as follows: "" Art. 58. -(1) Production of chemicals listed in list no. 1, in quantities above the limits or under conditions other than those provided for in art. 16-19, as well as the import, export, possession or use thereof, without compliance with the provisions of 16 16 para. ((1) and of art. 23, constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) Import and export of chemicals registered in the lists no. 2 and 3, in violation of art. 24, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. (3) The refusal to allow access to the members of the Agency's control corps, together with the Organization's inspection teams, to the objectives and installations covered by this Law, to prevent them, in any way, to exercise the legal powers, as well as the concealment of some relevant data and information relating to them constitute a criminal offence and are punishable by imprisonment from one year to 5 years and the prohibition of rights. (4) The attempt is punishable. " 6. Article 60 shall be repealed. + Article 64 Article 35 of Law no. 132/1997 *) on requisitions of goods and services in the public interest, published in the Official Gazette of Romania, Part I, no. 161 of 18 July 1997, with subsequent amendments and completions, shall be amended and shall read as follows: Note
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* *) Law no. 132/1997 was republished in the OFFICIAL GAZETTE no. 261 261 of 10 April 2014.
---------- "" Art. 35. -(1) The facts provided for in art. 34 34 para. ((1) lit. a), committed during the curfew, emergency, mobilization or war, constitute crimes and are punishable by imprisonment from one month to one year or with a fine. ((2) The facts provided for in art. 34 34 para. ((1) lit. b), committed during the state of emergency, constitute crimes and are punishable by imprisonment from 3 months to 2 years or with a fine. " + Article 65 Government Ordinance no. 29/1997 on the Civil Code, republished in the Official Gazette of Romania, Part I, no. 45 of 26 January 2001, as amended and supplemented, shall be amended as follows: 1. Article 98 shall read as follows: "" Art. 98. -(1) Violation by civil aviation personnel of service duties or their failure, if the act is likely to endanger the safety of the flight, shall be punishable by imprisonment from one year to 5 years. (2) The culpable commission of the act provided in par. (1) constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. " 2. In Article 99, paragraph 2 shall read as follows: " (2) Leaving without approval of the post by any member of the driving crew or by the personnel directly providing the information, directing and controlling the air traffic, if the act is likely to endanger the safety of the flight, the punishes with imprisonment from 2 to 7 years and the prohibition of some rights. " 3. Article 101 shall read as follows: "" Art. 101. -(1) The performance of the service by civil aviation personnel under the influence of alcoholic beverages or other substances prohibited by the regulatory authority constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. (2) The performance of the service having an alcoholic imbibation of more than 0,80 g/l pure alcohol in the blood by civil aviation personnel shall be punishable by imprisonment from one year to 5 years and the prohibition of some rights. (3) If the facts provided in par. ((1) and (2) are committed by the aircrew, the special limits of the sentence shall be increased by half. (4) The refusal to submit or evade the persons referred to in par. ((1)-(3) to be subject to the collection of biological samples necessary for the determination of the concentration of alcohol or the presence of substances prohibited by the regulatory authority constitutes a criminal offence and is punishable by imprisonment from one year years. " 4. Article 102 shall read as follows: "" Art. 102. -(1) The piloting of an aircraft by a person who does not possess the certification documents provided by the regulations in force for the piloting of the respective aircraft is punishable by imprisonment from one year to 5 years or with a fine. (2) If by the act provided in par. (1) the safety of other flights, public health or environmental protection has been endangered, the sentence is imprisonment from 2 to 7 years. " 5. Article 103 shall read as follows: "" Art. 103. -(1) They shall be punished with imprisonment from 3 months to one year or with a fine the following facts: a) the operation of an aircraft without possession of a certificate of registration or identification and a certificate or certificate of airworthiness or equivalent documents; b) non-compliant inscription with the registration or identification certificate or the suppression of the inscription marks. (2) They shall be punished with imprisonment from 6 months to 3 years or with a fine the following facts: a) non-compliance with the restrictions imposed by the specific regulations regarding the areas subject to aeronautical services or through the opinions issued by the Ministry of Transport and Infrastructure by the natural and legal persons provided in art. 78, if the act is likely to endanger the safety of the flight; b) carrying out public air transport operations without the possession of the air transport licence and/or the operator certificate provided for in art. 50 50 para. ((1), if the act is likely to endanger the safety of the flight. (3) The fit provided in par. ((1) lit. a), committed after the refusal of the issuance of the registration certificate or the certificate of airworthiness, shall be punished with imprisonment from one year to 3 years. " 6. Article 106 shall read as follows: "" Art. 106. -The communication of false information, which endangers the safety of the flight, is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. " 7. Article 107 shall read as follows: "" Art. 107. -(1) The 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, shall be punishable by imprisonment from 6 months to 3 years or with a fine. (2) The commission of any act of physical or mental violence on a person on board a civilian aircraft in flight or in flight training shall be punished with imprisonment from one year to 5 years and the prohibition of some rights. (3) If the act provided in par. (2) was committed on the aircrew, the sentence is imprisonment from 2 to 7 years and the prohibition of some rights. " 8. Article 108 shall read as follows: "" Art. 108. -(1) Destruction or serious damage, by means of a device, weapon or substance, installations of a civil airport or aircraft not in service, but located at an airport, as well as the interruption of the services of airport, if the act compromises or is likely to compromise safety and security at this airport, shall be punishable by imprisonment from 2 to 7 years. (2) 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, is punishable by imprisonment from 5 to 12 years and the prohibition of some rights. (3) With the punishment provided in par. (2) the destruction of an aircraft in service or the cause of damage that make it unavailable to fly or that are likely to endanger its safety in flight shall also be sanctioned. ((4) Placing on a civilian aircraft, by any means, a device or substance capable of destroying that aircraft or causing damage to it which makes it unfit to fly or which are likely to jeopardise its safety in flight, punishes with imprisonment from 7 to 18 years and the prohibition of some rights. " 9. Article 109 shall read as follows: "" Art. 109-The non-right takeover of an aircraft, by any means, as well as the non-right exercise of control over the aircraft shall be punishable by imprisonment from 7 to 18 years and the prohibition of some rights. " 10. Article 110 shall read as follows: "" Art. 110. -If the facts provided in art. 98, 99, 103 and 106 had as a result the death of one or more people, the punishment is imprisonment from 15 to 25 years or detention for life and the prohibition of some rights. " + Article 66 Article 90 of Law no. 84/1998 * *) on trademarks and geographical indications, republished in the Official Gazette of Romania, Part I, no. 350 of 27 May 2010, as amended, is amended and shall read as follows: Note
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* *) Law no. 84/1998 was republished in the OFFICIAL GAZETTE no. 337 337 of 8 May 2014.
---------- "" Art. 90. -(1) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine commission, without right, of the following facts: a) counterfeiting of a trademark; b) the entry into service of a product bearing a mark identical or similar to a trade mark registered for identical or similar products; c) the placing in circulation of products bearing geographical indications indicating or suggesting that the product concerned is originating in a geographical region other than the true place of origin. (2) The counterfeiting of a trade mark means the realization or use without the consent of the holder by third parties, in the commercial activity, of a sign: a) identical to the trade mark or services identical to those for which the trade mark was registered; b) which, given the identity or similarity with a mark or given the identity or similarity of the products or services to which the sign with the products or services for which the mark was registered is applied, would produce in the perception the public a risk of confusion, including the risk of association of the mark with the sign; c) identical or similar to the brand for products or services different from those for which the brand is registered, when it has acquired a reputation in Romania and if by using the sign without good reasons it could take advantage of the character distinctive or the reputation of the mark or the use of the sign would cause the proprietor of the mark (3) By putting into circulation it is understood to offer the products or the marketing or their possession for this purpose or, as the case may be, offering or providing services under this sign, as well as the import, export or transit of products under this sign. ((4) The facts provided in par. ((1) do not constitute crimes if they were committed before the date of publication of the mark. (5) In the case of the crime referred to in ((1) lit. a), the reconciliation removes criminal liability. " + Article 67 Paragraph 3 of Article 23 of the Law no. 129/1998 * *) on the establishment, organization and functioning of the Romanian Social Development Fund, republished in the Official Gazette of Romania, Part I, no. 483 of 8 June 2005, as amended, shall be repealed. Note
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* *) Law no. 129/1998 was republished in the OFFICIAL GAZETTE no. 109 109 of 13 February 2014.
---------- + Article 68 Article 20 (2) to (4) of Article 20 Law no. 160/1998 * *) for the organization and exercise of the veterinary profession, republished in the Official Gazette of Romania, Part I, no. 433 of 23 May 2005, as amended, shall be repealed. Note
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* *) Law no. 160/1998 was republished in the OFFICIAL GAZETTE no. 209 209 of 24 March 2014.
---------- + Article 69 Law no. 255/1998 *) on the protection of new plant varieties, republished in the Official Gazette of Romania, Part I, no. 926 of 28 December 2011, as amended, shall be amended as follows: Note
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* *) Law no. 255/1998 was republished in the OFFICIAL GAZETTE no. 230 230 of 1 April 2014.
---------- 1. Article 22 (3) shall be repealed. 2. Article 43 shall read as follows: "" ARTICLE 43 Counterfeiting offences (1) It constitutes a crime of counterfeiting and is punishable by imprisonment from 3 months to 2 years or with a fine performing without the authorization of the patent holder for the variety of any act provided for in art. 30 30 para. ((1). (2) With the punishment provided in par. (1) the following facts are sanctioned: a) the use for the propagation material, produced and sold, of a name other than that recorded; b) the use of the registered name of a new variety for the propagation material, produced and sold, which does not belong to this variety; c) the award, for the propagation material produced and sold, of a name which is very close to that of the protected variety, so that it may cause confusion; d) the sale of propagation material with the false mention that it belongs to the variety for which the patent was granted for the variety, thus misleading the buyer. " + Article 70 Article 43 of Government Emergency Ordinance no. 12/1998 on the transport on the Romanian railways and the reorganization of the National Society of Romanian Railways, republished in the Official Gazette of Romania, Part I, no. 834 of 9 September 2004, as amended and supplemented, shall be repealed. + Article 71 Law no. 115/1999 on ministerial responsibility, republished in the Official Gazette of Romania, Part I, no. 200 of 23 March 2007, as amended, shall be amended as follows: 1. In Article 8 (1), the introductory part shall read as follows: "" Art. 8. -(1) It constitutes crimes and shall be punished with imprisonment from one year to 5 years the following acts committed by the members of the Government in the exercise of their office: ". 2. In Article 8 (2), the introductory part shall read as follows: "(2) It also constitutes crimes and is punishable by imprisonment from 3 months to 2 years or with a fine the following acts committed by a member of the Government:". 3. In Article 9, paragraph 2 shall read as follows: " (2) In the cases provided for in art. 7 7 para. ((1) and in art. 8, in addition to the main punishment, the complementary punishment of the prohibition of the right to occupy a position of public dignity or a public leadership position for a period of one year to 5 years will also be applied. " + Article 72 In Article 54 of Law no. 188/1999 on the Statute of civil servants, republished in the Official Gazette of Romania, Part I, no. 365 of May 29, 2007, with subsequent amendments and completions, letter h) is amended and shall read as follows: " h) was not convicted of committing a crime against humanity, against the state or against authority, corruption and service offences, crimes that prevent the execution of justice, crimes of forgery or a crime committed with intent that would render it incompatible with the exercise of public office; " + Article 73 Articles 8 to 12 of Law no. 189/1999 on the exercise of the legislative initiative by citizens, republished in the Official Gazette of Romania, Part I, no. 516 516 of 8 June 2004, shall be repealed. + Article 74 Article 30 of Government Emergency Ordinance no. 158/1999 on the control regime of exports, imports and other operations with military products, published in the Official Gazette of Romania, Part I, no. 519 of 26 October 1999, approved with amendments and additions by Law no. 595/2004 , as amended and supplemented, shall be repealed. + Article 75 Law no. 3/2000 on the organization and conduct of the referendum, published in the Official Gazette of Romania, Part I, no 84 of 24 February 2000, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 43 ^ 1, paragraph (5) is amended and shall read as follows: " (5) The Central Electoral Bureau will submit the copies of the permanent electoral lists, namely the electoral tables used in the polling stations to the Permanent Electoral Authority, which will verify them in order to detect any votes multiple, within 60 days of the date of the referendum. If the Permanent Electoral Authority finds the existence of persons who have exercised their vote several times, will refer the criminal prosecution bodies to the application of the provisions of art. 387 387 of the Criminal Code. " 2. The title of Chapter V is amended and shall read as follows: "" CHAPTER V Contraventions " 3. In Article 49, after letter e) a new letter, letter f) is inserted, with the following contents: "f) printing without right, for use on the day of the referendum, of ballots." 4. Article 50 is amended and shall read as follows: "" Art. 50. -The contraventions provided in art. 49 lit. a)-d) is sanctioned with a fine of 500 lei per 1,000 lei, and those provided in lett. e) and f), with a fine of 1,000 to 5,000 lei. " 5. Article 51 (1), point a) shall be amended and shall read as follows: " a) the officers and police officers, for the acts referred to in lett. a)-c) and f); " 6. Article 51 (4) shall be amended and shall read as follows: " (4) The minutes of finding the contraventions provided in art. 49 lit. a)-c) and f) will be submitted to the court in whose territorial area the contravention was committed, which will apply the sanction. " 7. Articles 52 to 58 shall be repealed. 8. Article 59 is amended and shall read as follows: "" Art. 59. -The goods intended, used or resulting from the commission of the contraventions provided in art. 49 lit. f) it is confiscated. " + Article 76 Article 7 of the Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly People, republished in the Official Gazette of Romania, Part I, no. 304 of May 8, 2009, with subsequent amendments and completions, letter c) will read as follows: "c) have not suffered convictions for offences committed with intent;" + Article 77 Law no. 29/2000 * *) on the national system of decorations of Romania, published in the Official Gazette of Romania, Part I, no. 146 of 7 April 2000, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 29/2000 was republished in the OFFICIAL GAZETTE no. 118 118 of 18 February 2014.
---------- 1. Article 83 shall read as follows: "" Art. 83. -(1) It constitutes contraventions and is sanctioned with a fine of 500 lei to 5,000 lei the following facts: a) making without right the insignia of decorations; b) the port without right of the marks of the decorations. (2) Finding and sanctioning the contraventions provided in par. (1) shall be made by the police bodies. (3) Contraventions provided in par. (1) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " 2. Article 84 shall be repealed. + Article 78 Paragraph 8 of Article 39 of the Law no. 32/2000 on insurance and insurance supervision activity, published in the Official Gazette of Romania, Part I, no. 148 of 10 April 2000, with subsequent amendments and completions, shall be amended and shall read as follows: " (8) Conduct of insurance activity in or in Romania without authorization of the Insurance Supervisory Commission or activity without registration in the Register of insurers, reinsurers and intermediaries in insurance and/or in reinsurance constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine. " + Article 79 Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 219 of 18 May 2000, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 5 is amended and shall read as follows: "" Art. 5. -(1) In the meaning of this law, there are crimes of corruption referred to in art. 289-292 of the Criminal Code, including when they are committed by the persons referred to in art. 308 of the Criminal Code. (2) In the meaning of this law, there are crimes assimilated to corruption crimes referred to in art. 10-13. (3) The provisions of this Law are also applicable to crimes against the financial interests of the European Union provided for in 18 ^ 1-18 ^ 5, by sanctioning which the protection of funds and resources of the European Union is ensured. " 2. Article 6 is amended and shall read as follows: "" Art. 6. -The crimes of bribery, provided for in art. 289 of the Criminal Code, bribery, provided in art. 290 of the Criminal Code, influence peddling, provided in art. 291 of the Criminal Code, and purchase of influence, provided in art. 292 of the Criminal Code, are punishable according to the provisions of those laws. Art. 308 of the Criminal Code shall apply accordingly. " 3. Article 6 ^ 1 shall be repealed. 4. Article 7 is amended and shall read as follows: "" Art. 7. -The facts of bribery or influence peddling committed by a person who: a) exercise a function of public dignity; b) is a judge or prosecutor; c) is a criminal investigation body or has powers of finding or sanctioning contraventions; d) is one of the persons referred to in art. 293 293 of the Criminal Code is sanctioned with the punishment provided for in art. 289 or 291 of the Criminal Code, whose limits are increased by a third. " 5. Articles 8, 8 ^ 1, 8 ^ 2 and 9 are repealed. 6. Article 10 is amended and shall read as follows: "" Art. 10. -They constitute crimes and are punishable by imprisonment from 3 to 10 years and the prohibition of some rights the following facts, if they are committed for the purpose of obtaining for themselves or for another money, goods or other undue benefits: a) the establishment, with intent, of a diminished value, compared to the actual commercial value, of the goods belonging to economic operators to which the state or an authority of the local public administration is a shareholder, committed within the privatization action enforcement, reorganization or judicial liquidation or on the occasion of a commercial operation, or of goods belonging to the public authority or public institutions, within the framework of an action for their sale or enforcement, committed by those who have powers of management, administration, management, forced execution, reorganization or judicial liquidation; b) the granting of subsidies in violation of the law or non-prosecution, according to the law, of compliance with the destination c) the use of subsidies for purposes other than those for which they have been granted, as well as the use for other purposes of loans guaranteed from public funds or to be reimbursed from public funds. " 7. Article 11 is amended and shall read as follows: "" Art. 11. --(1) The right of the person who, having the task of supervising, controlling, reorganizing or liquidating a private economic operator, performs for him any assignment, intermediates or facilitates the performance of commercial or financial operations or participate with capital in such an economic operator, if the act is such as to bring directly or indirectly an undue use, constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of some rights. (2) If the act provided in par. (1) was committed within a period of 5 years after the termination of the commission, the sentence is imprisonment from 6 months to 3 years or fine. " 8. Article 13 ^ 1 is amended and shall read as follows: "" Art. 13 13 ^ 1. -In the case of the blackmail offence, provided by art. 207 of the Criminal Code, in which a person is involved among those provided in art. 1, the special limits of the sentence shall be increased by one third. " 9. Article 13 ^ 2 is amended and shall read as follows: "" Art. 13 13 ^ 2. -In the case of crimes of abuse of office or of usurpation of office, if the civil servant has obtained for himself or for another an undue use, the special limits of the sentence shall be increased by one third. " 10 articles 14, 17 and 18 shall be repealed. 11. In Chapter III "Offences", the title of section 4 ^ 1 is amended and shall read as follows: " SECTION 4 ^ 1-a Offences against the European Union's financial interests " 12. Article 18 ^ 1 is amended and shall read as follows: "" Art. 18 18 ^ 1. --(1) The use or presentation in bad faith of false, inaccurate or incomplete documents or statements, if the act results in unjustly obtaining funds from the general budget of the European Union or from the budgets administered her name, is punishable by imprisonment from 2 to 7 years and prohibition of some rights. (2) With the punishment provided in par. (1) the omission to provide, with science, the data required according to the law for obtaining funds from the general budget of the European Union or from the budgets administered by it on its behalf, if the act results in obtaining unfair of these funds. (3) If the facts provided in par. ((1) and (2) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. " 13. Article 18 ^ 2 is amended and shall read as follows: "" Art. 18 18 ^ 2. -(1) The change, without complying with the legal provisions, of the destination of the funds obtained from the general budget of the European Union or from the budgets administered by it or on its behalf is punishable by imprisonment from one year to 5 years and the prohibition some rights. ((2) The change, without complying with the legal provisions, of the destination of a legal use obtained, if the act results in the illegal reduction of resources from the general budget of the European Union or from the budgets administered by this or on its behalf, shall be sanctions with the punishment provided in par. ((1). (3) If the facts provided in par. ((1) and (2) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. " 14. Article 18 ^ 3 is amended and shall read as follows: "" Art. 18 18 ^ 3. --(1) The use or presentation in bad faith of false, inaccurate or incomplete documents or statements, which results in the illegal diminution of resources to be transferred to the general budget of the European Union or to the budgets administered this time on her behalf, it is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. (2) With the punishment provided in par. (1) the failure to provide, with science, the data required according to the law is sanctioned, if the act results in the illegal diminution of resources to be transferred to the general budget of the European Union or to the budgets administered her name. (3) If the facts provided in par. ((1) and (2) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. " 15. Article 18 ^ 5 is amended and shall read as follows: "" Art. 18 18 ^ 5. -Breach of fault by the director, administrator or person with powers of decision or control within an economic operator of a duty of service, by not fulfilling it or fulfilling it defective, if the act of had as a result the commission by a person subordinated to him and who acted on behalf of that economic operator of one of the offences provided for in art. 18 ^ 1-18 ^ 3 or the commission of a corruption or money laundering crime in connection with European Union funds, is punishable by imprisonment from 6 months to 3 years or a fine. " 16. Article 19 shall be repealed. 17. Article 25 (4) shall be amended and shall read as follows: " (4) Failure to fulfill in bad faith the obligations provided in art. 23 and 24 constitutes a crime and is punishable by imprisonment from 6 months to 5 years, if the act does not constitute a more serious crime. " 18. in Article 25, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) If the act provided in par. (4) was committed at fault, the sentence is imprisonment from 3 months to 2 years or fine. " + Article 80 Article 35 of Law no. 139/2000 *) on meteorology activity, republished in the Official Gazette of Romania, Part I, no. 148 of 1 March 2007, as amended, shall be amended and shall read as follows: Note
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* *) Law no. 139/2000 was republished in the OFFICIAL GAZETTE no. 167 167 of 7 March 2014.
---------- "" Art. 35. -Failure to comply with art. 19 and 20 constitute a crime and shall be punished with imprisonment from one month to one year or fine. " + Article 81 Law no. 143/2000 * *) on the prevention and control of illicit drug trafficking and consumption, published in the Official Gazette of Romania, Part I, no. 362 of 3 August 2000, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 143/2000 was republished in the OFFICIAL GAZETTE no. 163 163 of 6 March 2014.
---------- 1. Article 2 shall read as follows: "" Art. 2. -(1) Growing, producing, manufacturing, experimenting, extracting, preparing, transforming, offering, putting on sale, selling, distributing, delivering with any title, sending, shipping, procuring, buying, holding or other operations on the movement of risk drugs, without right, are punishable by imprisonment from 2 to 7 years and the prohibition of some rights. (2) If the facts provided in par. (1) have as their object high-risk drugs, the punishment is imprisonment from 5 to 12 years and the prohibition of some rights. " 2. Article 3 shall read as follows: "" Art. 3. -(1) The introduction or removal from the country, as well as the import or export of risk drugs, without right, are punishable by imprisonment from 3 to 10 years and the prohibition of some rights. (2) If the facts provided in par. (1) concern high-risk drugs, the sentence is imprisonment from 7 to 15 years and the prohibition of some rights. " 3. Article 4 shall read as follows: "" Art. 4. -(1) Cultivation, production, manufacture, experimentation, extraction, preparation, transformation, purchase or possession of risk drugs for own consumption, without right, shall be punished with imprisonment from 3 months to 2 years or with a fine. (2) If the facts provided in par. (1) concern high-risk drugs, the sentence is imprisonment from 6 months to 3 years. " 4. Article 5 shall read as follows: "" Art. 5. -Providing, with science, with any title, a dwelling or a local or any other place set up, in which the public has access, for illicit drug use or the toleration of illicit consumption in such places is punishable by imprisonment from 2 to 7 years and prohibition of some rights. " 5. Article 6 shall read as follows: "" Art. 6. -(1) Prescribing high-risk drugs, with intent, by the doctor, without it being medically necessary, is punishable by imprisonment from one year to 5 years and the prohibition of some rights. (2) With the punishment provided in par. (1) shall be sanctioned and released with high risk drug intent, based on a prescription medical prescription under the conditions provided in par. ((1) or a falsified medical prescription. (3) Obtaining high-risk drugs by using a prescription medical prescription under the conditions provided in par. (1) or a falsified medical prescription shall be punishable by imprisonment from one year to 3 years. " 6. 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 2 years. " 7. Article 10 shall read as follows: "" Art. 10. -Financing the acts provided in art. 2-5 is sanctioned with the penalties provided by law for these facts, their special limits increasing by one third. " 8. Article 11 shall read as follows: "" Art. 11. -The urge to illicit use of high-risk drugs, by any means, is punishable by imprisonment from 6 months to 3 years. " 9. In Article 13, paragraph 1 shall read as follows: "" Art. 13. -(1) Attempted to the crimes provided in art. 2 2, art. 3 3, art. 4 4 para. ((2), art. 6 6 para. ((2)-(3), art. 7 7 and art. 10 is punishable. " 10. Article 15 shall read as follows: "" Art. 15. -The person who committed one of the crimes referred to in art. 2 2-8 and art. 10 and which, before the prosecution was started, denounces the authorities its participation in the commission of the crime, thus contributing to the identification and criminal liability of the author or other participants. " 11. Article 19 ^ 1 shall read as follows: "" Art. 19 19 ^ 1. -(1) In case of committing the crimes provided in art. 4, the prosecutor orders, within 24 hours from the start of the prosecution, the consumer's assessment by the drug prevention, evaluation and counseling center, in order to include him in the integrated circuit of assistance of persons Drug users. ((2) According to the conclusions of the evaluation report prepared by the prevention, evaluation and drug counseling center, within 5 days from its receipt, the prosecutor has, with the consent of the consumer, its inclusion in the integrated program assistance of drug users. " 12. Article 19 ^ 2 shall read as follows: "" Art. 19 19 ^ 2. -(1) If, until the judgment, the defendant referred to in art. 19 ^ 1 complies with the protocol of the integrated program for the assistance of drug users, the court may order the waiver of the sentence or the postponement of the application of the sentence, even if the conditions provided for in art. 80, respectively art. 83 of the Criminal Code. (2) Non-compliance, during the term of supervision, of the integrated program for the assistance of drug users shall properly attract the application of the provisions of art. 88 88 para. ((1) of the Criminal Code. " + Article 82 Article 10 of Law no. 144/2000 *) on the granting of facilities to persons residing in rural localities located in mountain areas, published in the Official Gazette of Romania, Part I, no. 362 of 3 August 2000, as amended, is amended and shall read as follows: Note
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* *) Law no. 144/2000 was republished in the OFFICIAL GAZETTE no. 111 111 of 13 February 2014.
---------- "" Art. 10. -The provisions of this law do not benefit the person who was sanctioned for committing a crime or contraventions provided by Law no. 46/2008 -Forest Code, with subsequent amendments and completions, in the last 12 months prior to the application for wood material. " + Article 83 Law no. 182/2000 * *) on the protection of the national mobile cultural heritage, republished in the Official Gazette of Romania, Part I, no. 828 of 9 December 2008, as amended and supplemented, shall be amended and supplemented as follows: Note
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* *) Law no. 182/2000 was republished in the OFFICIAL GAZETTE no. 259 259 of 9 April 2014.
---------- 1. Article 83 is amended and shall read as follows: "" Art. 83. -Execution for commercial purposes of children, casts, post-ume circulation or facsimile on movable cultural goods classified, without the written consent of the holder of the right of administration or of the owner, according to art. 27 27 para. ((1) or (2), as the case may be, constitute a crime and shall be punished with imprisonment from 3 months to 2 years or with a fine. " 2. Article 84 is amended and shall read as follows: "" Art. 84. -The execution of falsehoods of mobile cultural goods classified, for commercial purposes or if they have been exposed in public, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. " 3. Article 85 shall be repealed. 4. Article 86 is amended and shall read as follows: "" Art. 86. -Degradation, bringing in a state of non-use or destruction, at fault, of a ranked mobile cultural good constitutes a crime and is punishable by imprisonment from one month to one year or with a fine. " 5. Article 87 is amended and shall read as follows: "" Art. 87. -(1) The conduct of illegal export operations shall be punishable by imprisonment from 6 months to 3 years or a fine. (2) If the act provided in par. (1) had as a result the loss of a ranked mobile cultural good, the punishment is imprisonment from one year to 5 years. (3) The attempt is punishable. " 6. Article 88 is amended and shall read as follows: "" Art. 88. -(1) The non-right conduct of any definitive export operations with the object of classified movable cultural goods constitutes a crime and is punishable by imprisonment from one year to 5 years. (2) The attempt is punishable. " 7. Article 89 is amended and shall read as follows: "" Art. 89. -(1) The introduction into the territory of the Romanian state, as well as the holding, marketing, organization of exhibitions or any operation on the movement of mobile cultural goods or from the dismantling of immovable cultural goods, which are of the cultural heritage of a foreign state, according to the legal provisions of that state, and which have been illegally exported, shall be punished with imprisonment from 6 months to 3 years or with a fine. (2) The goods referred to in par. (1) shall be preserved and shall be transmitted to specialized institutions, in order to preserve and return the state from whose cultural heritage they belong. (3) The attempt is punishable. " 8. Articles 90 to 92 shall be repealed. 9. Article 93 is amended and shall read as follows: "" Art. 93. -Execution by individuals, without accreditation and certificate of free practice, having knowledge of the necessity of their possession, of conservation or restoration works of movable cultural goods classified as such constitute offence and is punishable by imprisonment from one month to one year or fine. " 10. Article 94 is amended and shall read as follows: "" Art. 94. -The operation without authorization issued under the conditions of the present law of laboratories or workshops carrying out restoration and preservation of movable cultural assets classified constitutes a crime and is punishable by imprisonment from one month to a year or a fine. " 11. After Article 95 a new article is inserted, Article 95 ^ 1, with the following contents: "" Art. 95 95 ^ 1. -The goods provided in art. 83 83, art. 87 87 para. ((1) and art. 88 88 para. (1) shall be confiscated and transmitted in administration to specialized public institutions, with the opinion of the National Commission of Museums and Collections. " + Article 84 Paragraph 2 of Article 38 and paragraph 6 of Article 56 of the Law no. 188/2000 on bailiffs, republished in the Official Gazette of Romania, Part I, no. 738 of 20 October 2011, as amended, shall be repealed. + Article 85 Government Emergency Ordinance no. 59/2000 on the Status of Forest Staff, published in the Official Gazette of Romania, Part I, no. 238 238 of 30 May 2000, approved with amendments and additions by Law no. 427/2001 ,, is amended as follows: 1 articles 41 to 43 and 45 shall be repealed. 2. In Article 48, paragraph 5 shall read as follows: " (5) The person sanctioned with disciplinary dissolution of the individual employment contract loses the status of member of the Forest Corps and the right to exercise his profession of forestry within the structures provided in art. 2 2. " + Article 86 Article 17 of Government Emergency Ordinance no. 190/2000 on the regime of precious metals and precious stones in Romania, republished in the Official Gazette of Romania, Part I, no. 77 of January 29, 2004, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 17. -(1) The falsification in any way of title marks, of own warranty marks or of certification marks constitutes a crime and is punishable by imprisonment from 6 months to 3 years. ((2) The use of title marks, of own warranty marks or of false certification marks or the use of unregistered trademarks is a crime and is punishable by imprisonment from 3 months to 2 years. ((. Goods which have affixed a false or forged mark shall be confiscated. ' + Article 87 Government Emergency Ordinance no. 244/2000 on the safety of dams, republished in the Official Gazette of Romania, Part I, no. 96 of 4 February 2002, shall be amended as follows: 1. In Article 21, letter g) shall read as follows: " g) failure to declare their dams and their characteristics; ' 2. Article 23 shall read as follows: "" Art. 23. -(1) It constitutes crimes and is punishable by imprisonment from 6 months to 3 years or with a fine the following facts: a) the execution of dams without the agreement of safe operation of the dam, likely to endanger the population or the environment; b) the operation of the dams without safe operation, endangering the population or the environment; c) failure to perform the measures established by expertise endorsed by the B-B, endangering the safety of the construction, population or environment; d) damage or destruction of the measuring and control equipment mounted in the dams, as well as the use of a non-calibrated appearance. (2) If the offences referred to in par. (1) are committed at fault, the special limits of the sentence shall be reduced by half. " 3. Article 24 shall be repealed. + Article 88 Government Ordinance no. 43/2000 on the protection of archaeological heritage and the declaration of archaeological sites as areas of national interest, republished in the Official Gazette of Romania, Part I, no. 951 of 24 November 2006, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 5, after paragraph 17, a new paragraph (18) is inserted, with the following contents: "" (18) The issuance of an answer on the request for the issuance of an archaeological discharge certificate must be carried out no later than 12 months after the expiry of the deadline provided for in par. ((8). ' 2. Article 25 is amended and shall read as follows: "" Art. 25. -Carrying out any works that may affect archaeological sites, in the absence of the certificate of unloading of archaeological pregnancy, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. " 3. Article 26 is amended and shall read as follows: "" Art. 26. -Access with metal detectors or their use in areas with archaeological heritage, without the prior authorization provided in art. 5 5 para. ((13), constitutes a crime and is punishable by imprisonment from 6 months to 3 years. " 4. Article 27 is amended and shall read as follows: "" Art. 27. -(1) The sale or offering for sale of metal detectors without the authorization provided for in art. 5 5 para. (10) constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine. (2) Detectors offered for sale under the conditions of par. ((1) shall be confiscated. " 5. In Article 28 (1), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) non-settlement within the period provided for in art. 5 5 para. (18) of the application for the issuance of the certificate of discharge, if it was not committed under such conditions as to constitute, according to the criminal law, a crime, with a fine of 2,500 lei to 10,000 lei; " 6. in Article 29, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The contraventia provided in art. 28 28 para. ((1) lit. c ^ 1) is found, and the sanction is applied by the specialists of the devolved public services of the Ministry of Culture and National Heritage, by the powers of the Ministry of Culture and National Heritage, by the police bodies, by to the mayor, respectively the general mayor of Bucharest, or the president of the county council, as well as their powers. " 7. Article 31 shall be repealed. 8. Article 32 is amended and shall read as follows: "" Art. 32. -(1) The failure to announce archaeological discoveries occasioned by the construction or abolition works is a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. (2) The breastfeed provided in par. (1), committed at fault, shall be punished with imprisonment from one month to one year or with a fine. " + Article 89 Articles 36 and 37 of Law no. 10/2001 on the legal regime of some buildings improperly taken over between March 6, 1945 and December 22, 1989, republished in the Official Gazette of Romania, Part I, no. 798 of 2 September 2005, as amended and supplemented, shall be repealed. + Article 90 Article 16 of Law no. 184/2001 * *) on the organization and exercise of the profession of architect, republished in the Official Gazette of Romania, Part I, no. 771 of 23 August 2004, is amended and shall read as follows: Note
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* *) Law no. 184/2001 was republished in the OFFICIAL GAZETTE no. 470 470 of 26 June 2014.
---------- "" Art. 16. -The exercise of the right of signature without fulfilling the conditions provided by this law constitutes a crime and is punishable by criminal law. " + Article 91 Paragraph 3 of Article 20 of the Law no. 257/2001 * *) on the mode of action against aircraft using unauthorized airspace of Romania, republished in the Official Gazette of Romania, Part I, no. 684 684 of 29 July 2005, shall be repealed. Note
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* *) Law no. 257/2001 was republished in the OFFICIAL GAZETTE no. 213 213 of 25 March 2014.
---------- + Article 92 Article 54 of Law no. 422/2001 on the protection of historical monuments, republished in the Official Gazette of Romania, Part I, no. 938 of 20 November 2006, as amended, shall be repealed. + Article 93 Law no. 455/2001 on electronic signature, published in the Official Gazette of Romania, Part I, no. 429 of 31 July 2001, shall be amended as follows: Note
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* *) Law no. 455/2001 was republished in the OFFICIAL GAZETTE no. 316 316 of 30 April 2014.
---------- 1. Article 15 shall read as follows: "" Art. 15. -(1) Individuals who provide, according to the law, in their own name, certification services, as well as the employee personnel of the certification service provider, natural or legal person, are obliged to keep the information secret entrusted in their professional activity, with the exception of those in respect of which the holder of the certificate accepts to be published or communicated to third parties. (2) The obligation provided in par. ((1) incumba and personnel of the regulatory and supervisory authority specialized in the field, as well as persons empowered by it. (3) Violation of the obligation provided in par. ((1) and (2) constitute a crime and shall be punished with imprisonment from 3 months to 2 years or with a fine. " 2. In Article 16, paragraph 3 shall read as follows: "(3) When using a pseudonym, the true identity of the holder may not be disclosed by the certification service provider except with the consent of the holder or at the request of a competent public authority." + Article 94 Law no. 678/2001 on the prevention and control of human trafficking, published in the Official Gazette of Romania, Part I, no. 783 of 11 December 2001, as amended and supplemented, shall be amended as follows: 1. Article 2 shall read as follows: "" Art. 2. -In the present law, the terms and expressions below have the following meaning: a) by human trafficking means the facts provided in art. 210 and 211 of the Criminal Code; b) by the exploitation of a person means the activities provided in art. 182 of the Criminal Code; c) through the victim of human trafficking is understood the natural person, passive subject of the facts provided in art. 210, 211, 264 and 374 of the Criminal Code or of the attempt at one of these facts, whether or not they participate in the criminal trial as an injured person. " 2 articles 12, 13, 14 ^ 1 and 15 to 19 shall be repealed. 3. Article 20 shall read as follows: "" Art. 20. -(1) The person subject to trafficking in persons, who has committed, as a result of his exploitation, the crime of fraudulent crossing of the border of a state or donation of organs, tissues or cells of human origin shall not be punished for these crimes. (2) The person subject to trafficking in persons who committed one of the contraventions provided in art. 3 3 section 3 3 and 6 shall not be sanctioned. " + Article 95 Article 10 of Government Emergency Ordinance no. 41/2001 on the granting for low-income families of differentiated tariffs on water supply and sewerage services provided by the Autonomous Regia of the Jiu Valley Water, for the Project on water supply and environmental protection in the Valley Jiului, published in the Official Gazette of Romania, Part I, no. 145 of 23 March 2001, approved with amendments by Law no. 526/2001 ,, is repealed. + Article 96 Article 42 of Government Emergency Ordinance no. 97/2001 on the regulation of food production, circulation and marketing, republished in the Official Gazette of Romania, Part I, no. 168 of 5 March 2008, shall be repealed. + Article 97 Articles 70, 71, 73 and 74 of Government Emergency Ordinance no. 105/2001 on the state border of Romania, published in the Official Gazette of Romania, Part I, no. 352 352 of 30 June 2001, approved with amendments by Law no. 243/2002 , as amended and supplemented, shall be repealed. + Article 98 Government Emergency Ordinance no. 112/2001 on the sanctioning of acts committed outside the territory of the country by Romanian citizens or persons without citizenship domiciled in Romania, published in the Official Gazette of Romania, Part I, no. 549 of 3 September 2001, approved with amendments by Law no. 252/2002 ,, is repealed. + Article 99 Government Ordinance no. 71/2001 on the organization and exercise of fiscal consulting activity, published in the Official Gazette of Romania, Part I, no. 538 of 1 September 2001, approved with amendments by Law no. 198/2002 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 19, point 1, point a) is amended and shall read as follows: "" a) when the award of the quality of tax consultant was obtained as a result of a crime. " 2. In Article 19, paragraph 2, after letter c), a new letter, letter d) is inserted, with the following contents: "" d) when the award of the operating authorization was obtained as a result of the commission of a crime. " 3. In Article 25, paragraph 2 shall be amended and shall read as follows: " (2) Exercise of tax consultancy activities by individuals who have not acquired the quality of tax consultant according to the provisions of this ordinance or who have not become active members of the Chamber, as well as by persons legal entities that have not been authorized by the Chamber or that have not been registered in the Register of Tax Consultants and Commercial Advisory Companies constitute a criminal offence and shall be punished according to the criminal law. " + Article 100 Government Emergency Ordinance no. 155/2001 on the approval of the management program of stray dogs, published in the Official Gazette of Romania, Part I, no. 794 794 of 13 December 2001, approved with amendments and additions by Law no. 227/2002 , as amended, shall be amended as follows: 1. Article 13 shall read as follows: "" Art. 13. -(1) The abandonment of dogs claimed or adopted under the conditions of this emergency ordinance shall be prohibited. ((2) Abandon consists in leaving a dog claimed or adopted under the conditions of this emergency ordinance on the public domain, without food, shelter or medical treatment. " 2. Article 14 shall read as follows: "" Art. 14. -(1) The following facts shall be contrary to the following facts and shall be sanctioned as follows: a) non-compliance with 1 1, art. 2 2 para. ((1), art. 3, 4, art. 6 6 para. ((1), art. 7 7 para. ((2), art. 8 8 para. ((1), art. 9 and 10, as well as the conditions provided for in the declaration-commitment, with a fine of 1,000 lei to 2,500 lei; b) non-compliance with the provisions provided 6 6 para. (2), with a fine of 2,000 lei to 5,000 lei; c) non-compliance with the provisions 13 13 para. (1), with a fine of 3,000 lei to 6,000 lei. (2) In case of application of the contravention provided in par. ((1) lit. c), it can be ordered, as a complementary contravention sanction, the ban on holding animals for a period of one year to 3 years. " 3. Article 15 shall read as follows: "" Art. 15. -Finding the contraventions and applying the sanctions provided in art. 14 14 para. ((1) lit. a) and b) are made by the inspectors of the veterinary health police, and that of the contravention provided in art. 14 14 para. ((1) lit. c) is made by the employees of the specialized services within the mayoralties, by the local police bodies or the inspectors of the veterinary health police. " + Article 101 Animal husbandry law no. 72/2002 , published in the Official Gazette of Romania, Part I, no. 72 of 31 January 2002, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 72/2002 was republished in the OFFICIAL GAZETTE no. 235 235 of 2 April 2014.
---------- 1. Article 41 shall read as follows: "" Art. 41. -It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine: a) the inclusion in the labels for the presentation of the combined feed of data which do not correspond to their composition; b) the use of pesticides or other toxic substances without warning of animal keepers in the area; c) execution without right of genetic manipulation works in animals. " 2. In Article 42 (1), the letter m) shall read as follows: " m) the unauthorised production and sale of compound feedingstuffs or feed additives; ' 3. Article 42 (1), point n) shall be repealed. + Article 102 Articles 111 and 112 of Law no. 76/2002 on the unemployment insurance system and employment stimulation, published in the Official Gazette of Romania, Part I, no. 103 of 6 February 2002, as amended and supplemented, shall be repealed. + Article 103 Articles 49 and 50 of the Law on the vineyard and wine in the system of the common organization of the wine market no. 244/2002, republished *) in the Official Gazette of Romania, Part I, no. 633 of 14 September 2007, as amended, shall be repealed. Note
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* *) Law no. 244/2002 has been repealed by art. 75, Cap. X of LAW no. 164 of 24 June 2015, published in the OFFICIAL GAZETTE no. 472 472 of 30 June 2015.
---------- + Article 104 Article 46 of Law no. 266/2002 * *) on the production, processing, control and certification of quality, marketing of seeds and planting material, as well as testing and registration of plant varieties, republished in the Official Gazette of Romania, Part I, no. 7 of 4 January 2011, shall be repealed. Note
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* *) Law no. 266/2002 was republished in the OFFICIAL GAZETTE no. 239 239 of 3 April 2014.
---------- + Article 105 Articles 36 to 38 of Law no. 289/2002 *) on forest protection curtains, republished in the Official Gazette of Romania, Part I, no. 928 of 28 December 2011, shall be repealed. Note
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* *) Law no. 289/2002 was republished in the OFFICIAL GAZETTE no. 143 143 of 26 February 2014.
---------- + Article 106 Article 101 and paragraph 2 of Article 103 of the Law no. 346/2002 *) on insurance for accidents at work and occupational diseases, republished in the Official Gazette of Romania, Part I, no. 772 of 12 November 2009, shall be repealed. Note
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* *) Law no. 346/2002 was republished in the OFFICIAL GAZETTE no. 251 251 of 8 April 2014.
---------- + Article 107 Law no. 365/2002 on e-commerce, republished in the Official Gazette of Romania, Part I, no. 959 of 29 November 2006, is amended as follows: 1. In Article 17, paragraph 2 shall read as follows: " (2) Without prejudice to the provisions of par. (1), through public authorities, within the meaning of art. 3 3 para. ((5), art. 5, 13, art. 15 15 para. ((2), art. 16 16 para. ((1) and (3) and art. 23 23 para. ((2), it is understood those authorities of the public administration or, where appropriate, courts whose jurisdiction in that matter is established by the legal provisions in force, applicable in each case. " 2. Articles 24 to 29 shall be repealed. + Article 108 Article 71 of Law no. 500/2002 on public finances, published in the Official Gazette of Romania, Part I, no. 597 of 13 August 2002, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 71 Offences and penalties Non-compliance with art 4 4 para. ((2) and (3) constitute a crime and shall be punished with imprisonment from 3 months to 2 years or with a fine. " + Article 109 Audiovisual Law no. 504/2002 , published in the Official Gazette of Romania, Part I, no. 534 of 22 July 2002, as amended and supplemented, shall be amended as follows: 1. In Article 90 ^ 1 (1), the letter a) shall read as follows: "" a) transmission of programme services without technical authorisation; ' 2. Article 96 shall read as follows: "" Art. 96. -(1) It constitutes a criminal offence and is punishable by imprisonment from one month to one year or by fine the transmission of television programme services or broadcasting without broadcasting licence or licence for the use of radio frequencies in digital system terrestrial. (2) In case of committing the crimes provided in par. (1) the court may order and apply the provisions of the Criminal Code on special confiscation. + Article 110 Law no. 546/2002 *) on the pardon and procedure of granting a pardon, published in the Official Gazette of Romania, Part I, no. 755 of 16 October 2002, shall be amended and supplemented as follows: Note
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* *) Law no. 546/2002 was republished in the OFFICIAL GAZETTE no. 287 287 of 18 April 2014.
---------- 1. Article 2 is amended and shall read as follows: "" Art. 2. -The pardon can be granted individually, by decree of the President of Romania, according to art. 94 lit. d) of the Romanian Constitution, republished, or collectively, by the Parliament, by organic law, according to the provisions of art. 73 73 para. ((3) lit. i) of the Romanian Constitution, republished. " 2. in Article 3, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) The individual pardon decree cannot be revoked." 3. Article 4 is amended and shall read as follows: "" Art. 4. -The application for individual pardon, together with the attached documents, is addressed to the President of Romania and can be made by: a) the convicted natural person, the defender or his legal representative; b) the spouse of the convicted natural person, the ascendants, the descendants, the brothers, sisters or their children, as well as the same relatives of the convicted person's spouse; c) the legal representative or lawyer of the convicted legal person. " 4. Article 5 is amended and shall read as follows: "" Art. 5. -(1) The request for a pardon must contain the identification data of the convicted person and the punishment for which the pardon is requested. (2) At the request for a pardon made in the case of the natural person shall be attached, in legalized copy, the final judgment of conviction, the criminal record certificate and, as the case may be, civil status documents, medical certificates, social investigation reports and other acts which the applicant considers necessary in support of his application. ((3) At the request for a pardon made in the case of the legal person shall be attached, in legalized copy, the final judgment of conviction, the certificate issued by the body that authorized the establishment of the legal person or who registered the legal person, of which the criminal history of the latter results, as well as other acts which the applicant deems necessary in support of his or her application. " 5. Article 6 is amended and shall read as follows: "" Art. 6. -(1) In order to exercise the prerogative of a pardon, the President of Romania may request, when deemed necessary, advisory opinions from the Ministry of Justice, which is obliged to submit them within 30 days from the date of the request. (2) Also, when deemed necessary, the President of Romania may request information on the natural person of the local public administration bodies, the head of the place of detention, the judicial bodies and the prosecutor's offices, police bodies and other public institutions, as well as the unit's commander, for military convicts. ((3) In the case of requests for pardon made for the legal person, the President of Romania may request, when necessary, information from the trade register, from the authorities with control powers in the field of taxation and customs, to the body that authorized the establishment of the legal person or who registered the legal person, from the local public administration bodies, as well as from any other public institution. " 6. In Article 8, letter a) is amended and shall read as follows: " a) the identification data of the convicted person: the name, surname, surname of the parents, date and place of birth in the case of the natural person, namely the name, the headquarters, the tax registration code, the act by which the establishment was approved in the case legal person; ' 7. Article 9 is amended and shall read as follows: "" Art. 9. -(1) By decree one or more punishments may be grated. (2) Individual grating in the case of a natural person shall be granted only for custodial sentences or educational measures. (3) The penalties already executed may not be pardoned, the penalties the execution of which did not begin due to the evading of the convict from execution, the convictions with the suspension of the execution of the sentence, as well as the complementary penalties and the accessories applied the individual. (4) In the case of the legal person, both the main punishment and the complementary penalties provided for in art. 139 and 140 of the Criminal Code. (5) Individual grating has no effect on the civil side and on administrative measures rendered in a criminal case. " + Article 111 Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, republished in the Official Gazette of Romania, Part I, no. 702 of 12 October 2012, is amended as follows: 1. The title of the law will read: " LEGE for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat terrorist financing " 2. Article 29 shall read as follows: "" Art. 29. -(1) It constitutes the crime of money laundering and is punishable by imprisonment from 3 to 10 years: a) the change or transfer of goods, knowing that they come from the commission of crimes, for the purpose of concealing or concealing the illicit origin of these goods or in order to help the person who committed the crime from which his or her assets come evade prosecution, judgment or execution of the sentence; b) concealment or concealment of the true nature of the provenance, of the situation, of the provision, of the movement or property of the goods or of the rights on them, knowing that the goods come from the commission of crimes; c) the acquisition, possession or use of goods, knowing that they come from the commission of crimes. (2) The attempt is punishable. (3) If the act was committed by a legal person, in addition to the penalty of the fine, the court applies, as the case may be, one or more of the complementary penalties provided for in art. 136 136 para. ((3) lit. a)-c) of the Criminal Code. (4) The knowledge of the provenance of the goods or the intended purpose can be inferred/inferred from the objective factual circumstances. (5) Provisions of para. ((1)-(4) shall apply regardless of whether the crime from which the property originates was committed on the territory of Romania or abroad. " ---------- Section 2 of the art. 111 of this law amending Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, republished in the Official Gazette of Romania, Part I, no. 702 of 12 October 2012, has been amended by RECTIFICATION no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 117 117 of 1 March 2013. 3. Article 31 shall read as follows: "" Art. 31. -(1) Failure to comply with the obligations provided for in 25 constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. (2) If the act provided in par. (1) was committed at fault, the sentence is imprisonment from 3 months to 2 years or fine. " ---------- Section 3 of the art. 111 of this law amending Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, republished in the Official Gazette of Romania, Part I, no. 702 of 12 October 2012, has been amended by RECTIFICATION no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 117 117 of 1 March 2013. 4. Throughout the law, the phrase "financing acts of terrorism" is replaced by the phrase "terrorist financing". + Article 112 Law no. 682/2002 * *) on the protection of witnesses, published in the Official Gazette of Romania, Part I, no. 964 of 28 December 2002, as amended, shall be amended as follows: Note
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* *) Law no. 682/2002 was republished in the OFFICIAL GAZETTE no. 288 288 of 18 April 2014.
---------- 1. In Article 2, letter h) shall read as follows: " h) the serious crime is the crime that is part of one of the following categories: genocide and crimes against humanity and war crimes, crimes against national security, terrorism, murder, traffic offences drugs, human trafficking, trafficking in minors, money laundering, counterfeiting of coins or other values, offences related to non-compliance with the regime of weapons, ammunition, explosive materials, nuclear or other radioactive materials, corruption offences, as well as any other offence for which the law provides the prison sentence of which the maximum special is at least 10 years; ' 2. Article 2 (l) shall be repealed. 3. Article 19 shall read as follows: "" Art. 19. -The person who has the status of witness, within the meaning of 2 lit. a) section 1, and which has committed a serious crime, and before or during the prosecution or the judgment denounces and facilitates the identification and criminal liability of other persons who have committed such crimes benefit from the reduction to half of the limits of the sentence provided by law 4 articles 20 and 21 shall be repealed. + Article 113 Government Emergency Ordinance no. 31/2002 on the prohibition of fascist, racist or xenophobic organizations and symbols and the promotion of the cult of persons guilty of crimes against peace and mankind, published in the Official Gazette of Romania, Part I, no. 214 of 28 March 2002, approved with amendments and additions by Law no. 107/2006 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, letter c) is amended and shall read as follows: c) by the person guilty of committing crimes of genocide against humanity and war crimes shall be understood any person definitively convicted by a Romanian or foreign court or by any decision recognized in Romania, according to the law, for one or more crimes of genocide against humanity and war crimes, as well as the person in charge of an organization whose criminal character was found by the judgment of a criminal court international; '. ---------- Lit. c) a art. 2 of Government Emergency Ordinance no. 31/2002 has been amended by section 3 3 of art. I of LAW no. 217 of 23 July 2015, published in the OFFICIAL GAZETTE no. 558 558 of 27 July 2015. 2. Article 3 is amended and shall read as follows: "" Art. 3. -(1) It constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of rights initiating or setting up a fascist, racist or xenophobic organization, joining or supporting, in any form, such a group. (2) If the facts provided in par. ((1) were followed by the commission of a crime, the rules on the contest of crimes apply. (3) The persons who committed the acts referred to in par. ((1), if they denounce to the authorities the organization, before it has been discovered and that the commission of any of the crimes entering for the purpose of the group has begun. (4) If the person who committed one of the acts referred to in par. ((1) and (2) facilitate, in the course of criminal prosecution, the finding of the truth and the criminal liability of one or more members of an organized criminal group, the special limits of the sentence shall be reduced by half. " 3. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) Confectionation, sale, spread, as well as possession for the spread of fascist, legionary, racist or xenophobic symbols shall be punishable by imprisonment from 3 months to 3 years and the prohibition of some rights. ---------- Alin. ((1) art. 4 of Government Emergency Ordinance no. 31/2002 has been amended by section 5 5 of art. I of LAW no. 217 of 23 July 2015, published in the OFFICIAL GAZETTE no. 558 558 of 27 July 2015. 4. In Article 4, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) Distribution or making available to the public, in any way, by means of a computer system, of racist and xenophobic materials constitutes a crime and is punishable by imprisonment from one year to 5 years. " 5. In Article 4, paragraph 3 shall be amended and shall read as follows: " (3) It is not a criminal offence provided in par. ((1), (2) or (2 ^ 1), if committed in the interest of art or science, research or education or for the purpose of debating a matter of public interest. " 6. Article 5 shall be amended and shall read as follows: "" Art. 5. -The act of the person to promote, in public, the cult of persons guilty of committing crimes of genocide against humanity and war crimes, as well as the act of promoting, in public, ideas, conceptions or fascist doctrines, legionnaires, racist or xenophobes, within the meaning of 2 lit. a), it is punishable by imprisonment from 3 months to 3 years and the prohibition of some rights. " ---------- Article 5 of Government Emergency Ordinance no. 31/2002 has been amended by section 6 6 of art. I of LAW no. 217 of 23 July 2015, published in the OFFICIAL GAZETTE no. 558 558 of 27 July 2015. 7. Article 6 is amended and shall read as follows: "" Art. 6. -(1) The denial, contestation, approval, justification or minimization obviously, by any means, in public, of the holocaust or its effects shall be punishable by imprisonment from 6 months to 3 years or with a fine. ((2) Denial, disputing, approving, justifying or minimizing obviously, by any means, in public, the genocide, crimes against humanity and war crimes, as defined in international law, in the Statute of the Court of Justice. Criminal International and in the Charter of the International Military Tribunal established by the London Agreement, on August 8, 1945, and recognized as such by a final judgment of the International Criminal Court, of the International Military Tribunal established by the London Agreement, on 8 August 1945, of the Criminal Tribunal International for the former Yugoslavia, the International Criminal Tribunal for Rwanda or any other international criminal tribunal established by relevant international instruments and whose jurisdiction is recognised by the Romanian State, or their effects are punishable by imprisonment from 6 months to 3 years or with a fine. (3) The commission of the facts provided in par. ((1) and (2) by means of a computer system constitute a crime and shall be punished with imprisonment from 6 months to 5 years. " ---------- Article 6 of Government Emergency Ordinance no. 31/2002 has been amended by section 7 7 of art. I of LAW no. 217 of 23 July 2015, published in the OFFICIAL GAZETTE no. 558 558 of 27 July 2015. 8. After Article 6 a new article is inserted, Article 6 ^ 1, with the following contents: "" Art. 6 6 ^ 1. -(1) The threat of a person or group of persons, by means of a computer system, with the commission of a crime for which the maximum sentence provided by law is imprisonment of at least 5 years, on the grounds of race, color, ancestry or national or ethnic origin or in consideration of religion, if it is used as a pretext for any of the reasons shown, constitutes a crime and is punishable by imprisonment from one year to 3 years. (2) The criminal action shall be set in motion on the prior complaint of the injured person. " + Article 114 Article 11 of Government Emergency Ordinance no. 36/2002 on the regulation of the ownership of the Federation of Jewish Communities in Romania on places of worship, cemeteries and other goods intended for the activities of the mosaic cult, published in the Official Gazette of Romania, Part I, no. 223 of 3 April 2002, approved with amendments by Law no. 598/2002 ,, is repealed. + Article 115 Repealed. ---------- Article 115 was repealed by art. 109 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 116 Government Emergency Ordinance no. 55/2002 * *) on the holding regime of dangerous or aggressive dogs, published in the Official Gazette of Romania, Part I, no. 311 of 10 May 2002, approved with amendments by Law no. 60/2003 ,, amend and supplement as follows: Note
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* *) Government Emergency Ordinance no. 55/2002 was republished in the OFFICIAL GAZETTE no. 146 146 of 27 February 2014.
---------- 1. in Article 6, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The owner or temporary keeper of the dog, if accompanied by him when he leads isolated animals, in the herd or in the herd, on the public roads on which access is allowed, shall not be subject to the obligations provided in par. ((1)-(4), but has the obligation to supervise the dog and prevent the canine attack on a person. " 2. After Article 6 a new article is inserted, Article 6 ^ 1, with the following contents: "" Art. 6 6 ^ 1. -(1) Local councils of administrative-territorial units are considered owners of stray dogs and dogs travelling free, without a companion, in public places, which have not been claimed or adopted under the conditions. legal provisions and have the obligation to capture and escort these dogs, through qualified personnel. ((2) The provisions of the Civil Code on liability for damage caused by animals shall apply accordingly. " 3. Article 11 is amended and shall read as follows: "" Art. 11. --(1) Failure by the owner of the dog or its temporary holder of measures to prevent the canine attack on a person, provided in art. 6, if the attack took place, 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) produced trace of those provided in art. 193 193 para. ((2), art. 194 or 195 of the Criminal Code, the special maximum of penalties provided for in these articles shall be increased by 2 years. (3) If the act provided in par. ((1) is committed at fault, the provisions of art. 192 or 196 of the Criminal Code. (4) In the case of the crime referred to in (1), as well as if the act has produced the consequences provided for in art. 193 193 para. ((2) or art. 196 of the Criminal Code, the criminal action is set in motion on the prior complaint of the injured person. " 4. Article 13 shall be amended and shall read as follows: "" Art. 13. -Introduction to the country or the marketing of dogs from the breeds provided in art. 1 lit. a) constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " 5. Article 14 is amended and shall read as follows: "" Art. 14. -The person's act to organize fights between dogs, to prepare them for this purpose, as well as to participate with dogs in such fights constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. " 6. In Article 15, paragraph 1 shall be amended and shall read as follows: "" Art. 15. -(1) The lifting of dogs for confiscation shall be made by the police, with the support of the staff trained in this regard, employed by the local councils, no later than two days after the final stay of the sentencing decision. " 7. Article 17 is amended and shall read as follows: "" Art. 17. -It does not constitute a crime the facts provided by this emergency ordinance if the victim of the incriminated acts entered without right, in any way, into a private or public property protected by the dog or if the dog's intervention was determined the defense of the owner or temporary holder, the imminent victim of a crime of violence committed against him. " + Article 117 In paragraph 2 of Article 9 ^ 5 of Government Emergency Ordinance no. 104/2002 on the marketing of goods in duty-free mode, published in the Official Gazette of Romania, Part I, no. 676 of 11 September 2002, approved with amendments by Law no. 132/2003 , with subsequent amendments and completions, letters d) and f) are amended and shall read as follows: "" d) if any of the administrators of the legal person became incapacitated or was convicted by a final court decision, in Romania or in a foreign state, for crimes against heritage by disregarding trust, crimes of corruption, embezzlement, crimes of forgery in documents, tax evasion or crimes among those regulated by Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, Law no. 86/2006 on the Customs Code of Romania, with subsequent amendments and completions, Law no. 241/2005 to prevent and combat tax evasion, as amended, Accounting Law no. 82/1991 , republished, with subsequent amendments and completions, Law no. 31/1990 on companies, republished, with subsequent amendments and completions, Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, as amended and supplemented, Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, and Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions; ...................................................................... f) when against the authorized economic operator a final decision was issued for the crime of abuse of office, forgery, use of forgery, deception, embezzlement, false testimony, giving or taking bribes or a crime between those regulated by Law no. 571/2003 , as amended and supplemented, Law no. 86/2006 , as amended and supplemented, Law no. 241/2005 ,, as amended, Law no. 82/1991 , republished, Law no. 31/1990 , republished, with subsequent amendments and completions, Law no. 78/2000 , with subsequent amendments and completions, and Law no. 656/2002 , republished, or for any other offence against the tax regime; " + Article 118 Article 31 ^ 1 of Government Emergency Ordinance no. 141/2002 * *) on the regulation of storage of consumer seeds, the regime of certificates of deposit for them and the establishment of the Guarantee Fund for certificates of deposit, published in the Official Gazette of Romania, Part I, no. 828 of 18 November 2002, approved with amendments and additions by Law no. 149/2003 , as amended and supplemented, shall be repealed. Note
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* *) Government Emergency Ordinance no. 141/2002 has been repealed by art. 47 of LAW no. 101 of 8 July 2014, published in the OFFICIAL GAZETTE no. 516 516 of 10 July 2014.
---------- + Article 119 Government Emergency Ordinance no. 189/2002 on compensatory operations relating to procurement contracts for defence, public order and national security needs, published in the Official Gazette of Romania, Part I, no. 942 of 23 December 2002, approved with amendments and additions by Law no. 354/2003 , as amended and supplemented, shall be amended as follows: 1. Article 43 ^ 1 shall read as follows: "" Art. 43 43 ^ 1. -(1) Providing information to the contractor, which has proved likely to be disloyal to him in the proceedings for the conclusion of compensation agreements or a transaction through compensation, as well as in the framework of the execution the clearing obligation, constitutes a crime and is punishable by imprisonment from 6 months to 5 years and the prohibition of the right to participate in public procurement procedures for a period of one year to 5 years. (2) With the punishment provided in par. (1) shall also be sanctioned the agreement of the contractor with members of the Office or with Romanian economic operators, in order to distort the outcome of the procedure for the conclusion of the agreements on compensation or execution of the clearing obligation. " 2. In Article 46, paragraph 1 shall read as follows: "" Art. 46. -(1) The contractor who commits a contravention by violating the provisions of this normative act shall be prohibited from participating in any other acquisition of this type in Romania for a period of one year to 3 years. " + Article 120 Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 421 of 5 June 2008, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 106 (3) and Articles 138 and 139 shall be repealed *). ------------- Head. V of Government Emergency Ordinance no. 194/2002 , comprising art. 81-art. 106 106 ^ 6, has been amended by section 6. 71 71 of art. 41, Title II of ORDINANCE no. 25 of 26 August 2014, published in the OFFICIAL GAZETTE no. 640 640 of 30 August 2014. 2. Article 140 is amended and shall read as follows: "" ARTICLE 140 Conduct of activities prohibited by law Organization by foreigners, on the territory of Romania, of a political party or other organization or groups among those provided in art. 4 4 para. (2), the accession of a foreigner to them, as well as the initiation, organization and participation in demonstrations or meetings affecting the public order and national security shall constitute a criminal offence and shall be punished with imprisonment from 3 months to 2 years or with a fine. " ---------- Art. 140 was amended by art. 42, Title II of ORDINANCE no. 25 of 26 August 2014, published in the OFFICIAL GAZETTE no. 640 of 30 August 2014, by replacing the phrase "national security" with the phrase "national security". 3. Articles 141 and 142 shall be repealed. 4. After Article 143, a new article is inserted, Article 143 ^ 1, with the following contents: " ARTICLE 143 ^ 1 In the present emergency ordinance, the reference to the safety measure of expulsion is considered to be made to the accessory punishment, respectively complementary, applied according to the provisions of art. 65 65 para. ((2) lit. c) or art. 66 66 para. ((1) lit. c) of the Criminal Code. " + Article 121 Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished in the Official Gazette of Romania, Part I, no. 670 of 3 August 2006, as amended and supplemented, shall be amended and supplemented as follows: 1. Articles 84 to 87 shall be repealed. 2. Article 88 is amended and shall read as follows: "" Art. 88. -(1) The harvesting of biological samples is made only in the presence of a road policeman, under the conditions of art. 190 190 para. (8) of the Code of Criminal Procedure, in the following spaces of medical institutions: a) inside authorized healthcare facilities; b) in ambulances having crew with doctor or autospecial with this function belonging to the Mobile Emergency Service, reanimation and discharge; c) inside the forensic units. ---------- Alin. ((1) art. 88 of Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished has been amended by section 21 21 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. ((1 ^ 1) The doctor, the nurse or the person with specialized medical training from the ambulance crew or the autospecial belonging to the Mobile Emergency Service, reanimation and discharge, who intervene at the events in connection with the traffic road, can harvest biological samples to the extent that it does not affect the provision of emergency or first aid, as well as if the person involved in a traffic accident refuses to transport emergency at a health facility or its state of health does not require this transport. ---------- Alin. ((1 ^ 1) art. 88 of Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished was introduced by item 22 22 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. (1 ^ 2) The harvesting of biological samples is done in compliance with the norms established according to art. 125 lit. c). ---------- Alin. ((1 ^ 2) art. 88 of Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished was introduced by item 22 22 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. (1 ^ 3) The transport of biological samples, harvested under the conditions of par. (1 ^ 1), at the forensic unit in order to carry out the toxicological analysis, will be carried out by the road policeman. ---------- Alin. ((1 ^ 3) art. 88 of Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished was introduced by item 22 22 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. (2) The establishment of alcohol concentration or presence in the body of psychoactive substances is made in authorized forensic institutions, in accordance with the methodological norms developed by the Ministry of Health. (3) The establishment of the presence of alcohol in expired air or preliminary testing of the presence in the body of psychoactive substances is done by the traffic police, with the help of certified technical means. (4) The determination of the concentration of alcohol in expired air is made by the traffic police, with the help of a technically approved and metrologically verified means. (5) The person driving on public roads a vehicle for which the law provides for the obligation to hold the driving license, tested by the road policeman with a technical means approved and metrologically checked and detected as having a concentration of up to 0,40 mg/l pure alcohol in expired air, may require it to be collected biological samples within the medical facilities or institutions referred to in paragraph 1. (1), in order to establish alcohol imbibation in the blood. (6) The person driving on public roads a vehicle for which the law provides for the obligation to hold the driving licence, tested with a technically approved and metrologically verified means and found to have a concentration of more than 0,40 mg/l pure alcohol in expired air, is obliged to undergo the collection of biological samples, in order to establish alcohol imbibation in the blood. (7) The drivers of vehicles for which the law provides for the obligation to hold the driving licence, tested in traffic with a certified means indicating the presence in the body of psychoactive substances, shall be collected mandatory samples biological. " 3. Articles 89 to 94 shall be repealed. 4. In Article 111 (1), point b) shall be amended and shall read as follows: b) when its holder has committed one of the offences referred to in art. 334 334, art. 335 335 para. ((2), art. 336, 337, art. 338 338 para. ((1) and in art. 339 339 para. ((2), (3) and (4) of the Criminal Code; ---------- Lit. b) a par. ((1) art. 111 of Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished has been amended by section 29 29 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. 5. In Article 111, paragraphs 3 and 5 shall be amended and shall read as follows: (3) In the situations provided in par. ((1) lit. a) and d), in art. 102 102 para. ((3) lit. a) and c) of this emergency ordinance, as well as those mentioned in art. 334 334 para. ((2) and (4), art. 335 335 para. ((2), art. 336, 337, art. 338 338 para. ((1), art. 339 339 para. (2), (3) and (4) of the Criminal Code, replacement proof of driving licence shall be issued without right of movement. ---------- Alin. ((3) art. 111 of Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished has been amended by section 30 30 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. ............................................................. (5) In the situations provided in par. ((1) lit. e) and g) and in par. ((3) lit. b) and e) of this emergency ordinance, at art. 100 100 para. (3), in art. 101 101 para. (3), as well as in art. 334 334 para. ((1) and (3) of the Criminal Code, the replacement proof of the driving licence shall be issued with the right of movement for a period of 15 days. " 6. In Article 113 (1), point c) is amended and shall read as follows: " c) upon termination of the safety measure provided for in art. 108 lit. c) of the Criminal Code; " 7. Article 114 (1), (b) and (d) shall be amended and shall read as follows: b) the holder of the driving license was convicted, by a final court decision, for the crimes provided for in art. 334 334 para. ((2) and (4), art. 335 335 para. ((2), art. 336, 337, art. 338 338 para. ((1), art. 339 339 para. ((2), (3) and (4) of the Criminal Code; ---------- Lit. b) a par. ((1) of art. 114 114 has been amended by section 4.2 31 31 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. ............................................................. d) the holder of the driving license was applied, by a final court decision, the complementary punishment of the prohibition of the right to drive certain categories of vehicles established by the court provided for in art. 66 66 para. ((1) lit. i) of the Criminal Code. ---------- Lit. d) a par. ((1) of art. 114 114 has been amended by section 4.2 31 31 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 635 of 29 August 2014. 8. After Article 133 a new article is inserted, Article 133 ^ 1, with the following contents: Art. 133 ^ 1-The psychoactive substances provided for in this emergency ordinance shall be established and updated periodically, by law, at the proposal of the Ministry of Health. ---------- Art. 133 ^ 1 was amended by letter. a) 35 35 of art. I of ORDINANCE no. 21 of 26 August 2014, published in the OFFICIAL GAZETTE no. 635 of August 29, 2014, by replacing the expression "substances or narcotic products or drugs with similar effects" with the expression "psychoactive substances". 9. Article 136, point d) is amended and shall read as follows: " d) Ministry of Health for the provisions of art. 22 22 para. ((2), (5) and (7) and of art. 125 125 letter a); ' + Article 122 Government Emergency Ordinance no. 202/2002 on the integrated management of the coastal area, published in the Official Gazette of Romania, Part I, no. 965 of 28 December 2002, approved with amendments and additions by Law no. 280/2003 ,, is amended as follows: 1. Article 80 shall read as follows: "" Art. 80. -Evacuation, disposal or injection into the coastal zone or in the area of protection of waste water, waste, residues or products of any kind, containing substances in solid, liquid or gaseous condition, bacteria or microbes in quantities or concentrations that can change the characteristics of the area, thus making it harmful to the health of people, animal life and the environment or to the fish stock, constitute crimes and are punishable by imprisonment from one to 5 years. " 2. Article 81 shall read as follows: "" Art. 81. -They constitute crimes and are punishable by imprisonment from 6 months to 3 years or with a fine the following facts: a) the exploitation of mineral aggregates in the coastal zone and protection zones; b) cutting or destruction of trees, shrubs, bushes and perennial crops in the coastal area; c) continuation of activities after the termination of the rights obtained under this emergency ordinance; d) the use of toxic chemicals in fish farms located in the coastal zone; e) introduction into the aquaculture units of exotic species without the opinion of the central public authority for environmental protection and water management; f) the use of pesticides and nitrogen-based fertilizers for forest care in the coastal area; g) the desecation of wetlands in the coastal area for the establishment of plantations; h) the granting of technical-legal acts for the storage, evacuation or introduction into the environment of the coastal area of the substances set out in Annex no. 2 2; i) use in the coastal area of non-organic building materials, as well as toxic adhesives; j) access of all types of motor vehicles, except those for supply and maintenance, in the area of dunes, beaches and vulnerable habitats; k) construction and land occupation in the areas delimited in the spatial planning plans as areas with natural flood risk and erosion. " + Article 123 Article 12 (5) of Article 12 Government Ordinance no. 15/2002 on the application of the use tariff and the toll rate on the national road network in Romania, published in the Official Gazette of Romania, Part I, no. 82 of 1 February 2002, approved with amendments and additions by Law no. 424/2002 , as amended and supplemented, shall be repealed. + Article 124 Article 9 of Law no. 15/2003 *) on support to young people for the construction of a personal property, republished in the Official Gazette of Romania, Part I, no. 44 of 18 January 2008, as amended, shall be repealed. Note
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* *) Law no. 15/2003 was republished in the OFFICIAL GAZETTE no. 182 182 of 13 March 2014.
---------- + Article 125 In Article 9 (1) (d) of the Law no. 38/2003 on taxi and rental transport, published in the Official Gazette of Romania, Part I, no. 45 of 28 January 2003, with subsequent amendments and completions, paragraph 1 is amended and shall read as follows: " 1. the criminal record of the designated person, showing that he was not convicted of: -offences against safety on public roads; -traffic and drug use offences; -offences against life, health and bodily integrity; -offences relating to trafficking and exploitation of vulnerable persons; -crimes against freedom and sexual integrity; -offences against heritage; ' + Article 126 Law no. 39/2003 on the prevention and combating of organized crime, published in the Official Gazette of Romania, Part I, no. 50 of 29 January 2003, as amended, shall be amended as follows: 1. In Article 2, points a) and b) shall read as follows: " a) organized criminal group-the group defined in art. 367 367 para. (6) of the Criminal Code; b) serious crime-the crime for which the law provides for the punishment of life imprisonment or the prison sentence of which the maximum special is at least 4 years, as well as the following crimes: 1. submission to forced or compulsory work, provided for in art. 212 of the Criminal Code; 2. disclosure of secret service or non-public information, provided in art. 304 of the Criminal Code; 3. deletion or modification of markings on lethal weapons, provided for in art. 344 of the Criminal Code; 4. offences concerning unfair competition; 5. corruption offences, crimes assimilated to them, as well as crimes against the financial interests of the European Union; 6. drug trafficking offences; 7. offences concerning the legal regime of drug precursors; 8. offences concerning non-compliance with the provisions on the introduction into the country of waste 9. crimes regarding the organization and exploitation of gambling; " 2 articles 7 to 10 and 13 shall be repealed. 3. Throughout the law, references to art. 7 will be considered made in art. 367 of the Criminal Code. + Article 127 Law no. 53/2003 -Labor Code, republished in the Official Gazette of Romania, Part I, no. 345 of 18 May 2011, as amended and supplemented, shall be amended as follows: 1. Articles 261 to 263 shall be repealed. 2. Article 264 shall read as follows: "" Art. 264. -(1) It constitutes a crime and is punishable by imprisonment from one month to one year or by criminal fine the act of the person who, repeatedly, establishes for employees under the individual employment contract salaries below the level of salary minimum gross per country guaranteed in payment, provided by law. (2) With the punishment provided in par. (1) is also sanctioned the offence consisting in the unjustified refusal of a person to present to the competent bodies the legal documents, in order to prevent the checks on the application of general and special regulations in the field of employment, safety and health at work, no later than 15 days after receipt of the second request. (3) With the punishment provided in par. (1) shall be sanctioned and the offence consisting in preventing in any form the competent bodies to enter, under the conditions provided by law, premises, premises, land or means of transport that the employer uses in the realization professional activity, to carry out checks on the application of general and special regulations in the field of labor relations, safety and health at work. (4) It constitutes a crime and is sanctioned with imprisonment from 3 months to 2 years or with a fine receiving at work more than 5 persons, regardless of their nationality, without the conclusion of an individual employment contract. " 3. Article 265 shall read as follows: "" Art. 265. -(1) The employment of a minor with non-compliance with the legal conditions of age or its use for the provision of activities in violation of the legal provisions regarding the labor regime of minors is a criminal offence and shall be punishes with imprisonment from 3 months to 2 years or with a fine. (2) With the punishment provided for in art. 264 264 para. (4) it is sanctioned to receive at work a person who is illegally staying in Romania, knowing that he is a victim of human trafficking. (3) If the work performed by the persons referred to in par. ((2) or in art. 264 264 para. (4) is likely to endanger their life, integrity or health, the punishment is imprisonment from 6 months to 3 years. (4) In case of committing one of the crimes provided in par. ((2) and (3) and in art. 264 264 para. ((4), the court may also order the application of one or more of the following complementary penalties: a) the total or partial loss of the employer's right to benefit from benefits, aid or public subsidies, including European Union funds managed by the Romanian authorities, for a period of up to 5 years; b) prohibition of the employer's right to participate in the award of a public contract for a period of up to 5 years; c) full or partial recovery of benefits, aid or public subsidies, including European Union funds managed by the Romanian authorities, awarded to the employer for a period of up to 12 months before the commission of the crime; d) the temporary or final closure of the point or of the points of work in which the offence or temporary or final withdrawal of a licence for the professional activity concerned has been committed, if this is justified by the gravity of the (5) In case of committing one of the crimes provided in par. ((2) and (3) and in art. 264 264 para. (4), the employer will be obliged to pay the amounts representing: a) any outstanding remuneration due to persons employed illegally. The amount of remuneration is assumed to be equal to the average gross salary on the economy, unless either the employer or the employee can prove otherwise; b) the amount of all taxes, taxes and social security contributions that the employer would have paid if the person had been legally employed, including the penalties of delay and the corresponding administrative fines; c) expenses determined by the transfer of outstanding payments in the country in which the illegally employed person returned voluntarily or was returned under the law. (6) In case of committing one of the crimes provided in par. ((2) and (3) and in art. 264 264 para. ((4) by a subcontractor, both the principal contractor and any intermediate subcontractor, if they were aware that the employer subcontractor employed foreigners in the situation of illegal stay, may be obliged by the court, jointly with the employer or instead of the subcontractor employer or of the contractor whose direct subcontractor is the employer, upon payment of the amounts of money provided in par. ((5) lit. a) and c). " + Article 128 Article 57 of Mine Law no. 85/2003 , published the Official Gazette of Romania, Part I, no. 197 of 27 March 2003, as amended and supplemented, shall be amended as follows: 1. Paragraph 2 shall read as follows: " (2) Execution of mining activities without a license or license, except in the cases provided in art. 29, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. " 2. Paragraph 3 shall be repealed. + Article 129 Article 27 of Law no. 104/2003 *) on the handling of human bodies and the taking of organs and tissues from corpses in order to transplant, published the Official Gazette of Romania, Part I, no. 222 of 3 April 2003, as amended, shall be amended and shall read as follows: Note
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* *) Law no. 104/2003 was republished in the OFFICIAL GAZETTE no. 213 213 of 25 March 2014.
---------- "" Art. 27. -(1) The handling of corpses in violation of the provisions of this law constitutes contravention and is sanctioned with a fine of 500 lei to 3,000 lei. (2) The finding and sanctioning of the contravention provided in par. (1) shall be made by the police bodies. (3) Contraventions provided in par. (1) the provisions applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " + Article 130 Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 279 of 21 April 2003, as amended and supplemented, shall be amended as follows: 1 1. In Chapter III "Offences and contraventions" of Title III "Prevention and combating of cybercrime" within the book I "General regulations for the prevention and control of corruption", section 1 " the confidentiality and integrity of data and information systems ', comprising Articles 42 to 47, shall be repealed. 2. In Chapter III of Title III of Book I, Section 2 "Information Crimes", comprising Articles 48-50, is hereby repealed. 3. In Chapter III of Title III of book I, section 3 "Child pornography by computer systems", comprising Article 51, shall be repealed. 4 4. Article 59 of Chapter IV "Procedural provisions" of Title III "Prevention and combating of cybercrime" in the book I "General regulations for the prevention and control of corruption" shall be repealed. 5. Paragraph 2 of Article 82 ^ 1 of Section 2 "Incompatibilities regarding the status of parliamentarian" of Chapter III "Incompatibilities" of Title IV " Conflict of interests and regime of incompatibilities in the exercise of dignities public and public functions "of the book I" General regulations to prevent and combat corruption " will read as follows: " (2) The deputy or the senator in the situation referred to in par. ((1) may not provide legal assistance to suspects or defendants, nor may it assist or represent them in courts in criminal cases concerning: a) corruption offences, crimes assimilated to corruption offences, as well as offences against the financial interests of the European Union, set out in Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions; b) the offences provided in Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, as amended and supplemented; c) crimes of trafficking and exploitation of vulnerable persons, provided in art. 209-217 of the Criminal Code; d) the crime of money laundering, provided in Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished; e) offences against national security, provided for in art. 394-410 and 412 of the Criminal Code, as well as those provided by Law no. 51/1991 on the national security of Romania; f) crimes against the achievement of justice, provided in art. 266-288 of the Criminal Code; g) crimes of genocide, against humanity and war, provided in art. 438 438-445 of the Criminal Code. " 6 6. Articles 222 and 224 of section 10 " Prohibition. Sanctions "of Chapter I" Groups of economic interest "under Title V" Groups of economic interest "of the book I" General regulations for the prevention and control of corruption " shall be repealed. 7. Article 225 of Section 10 of Chapter I of Title V of Book I shall read as follows: "" Art. 225. -(1) It is punishable by imprisonment from 6 months to 3 years or with a fine the founder, administrator or legal representative of the group, who: a) use, in bad faith, goods or credit that the group enjoys for a purpose contrary to its interests or for its own benefit or to favor another legal person in which it has direct or indirect interests; b) it borrows, in any form, under conditions other than those expressly permitted by law, directly or through an interposed person, from the group it manages, from a company controlled by it or makes one of these legal entities give him any guarantee for own debts; c) violate the provisions of art 165 165 para. ((3). (2) It is punishable by imprisonment from one year to 5 years the person provided in par. ((1) which collects or pays dividends, in any form, from fictitious profits or which could not be distributed. " 8. Article 226 of Section 10 of Chapter I of Title V of Book I shall read as follows: "" Art. 226. -It is punishable by imprisonment from one month to one year or by fine the administrator or the legal representative of the group, which: a) meets the decisions of the general meeting relating to the merger or division of the company or to the reduction of the group's capital, before the expiry of the terms stipulated by law b) meets the decisions of the general meeting relating to the reduction of the group's capital, without the members being executed for carrying out the varsamant due or without having been exempted by the decision of the general meeting of payment Subsequent payments; c) fulfils the decisions of the general meeting relating to the merger, division, dissolution, reorganization or reduction of the share capital, without informing the judicial body or in violation of the prohibition established by him, if the the company has started the prosecution. " 9. Article 228 shall read as follows: "" Art. 228. -It is punishable by imprisonment from 3 months to one year or with a fine the founder, administrator or censor who exercises his functions or duties in violation of the provisions of art. 120 120 para. ((3) and (4) relating to incompatibility. " 10. Article 231 of Section 10 of Chapter I of Title V of the Book I shall be repealed. + Article 131 Law no. 191/2003 on the offences of the shipping regime, published in the Official Gazette of Romania, Part I, no. 332 of 16 May 2003, shall be amended and supplemented as follows: 1. Article 2 is amended and shall read as follows: "" Art. 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. " 2. Article 3 is amended and shall read as follows: "" Art. 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. " 3. Article 4 is amended and shall read as follows: "" Art. 4. -(1) 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. " 4. Article 5 is amended and shall read as follows: "" Art. 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 aircrew who directly ensure the safety of navigation, the sentence is imprisonment from one year to 5 years. " 5. Article 6 is amended and shall read as follows: "" Art. 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 criminal offence and shall be punished with imprisonment from one year to 5 years. " 6. Article 7 is amended and shall read as follows: "" Art. 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. " 7. Article 8 is amended and shall read as follows: "" Art. 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. " 8. Article 9 is amended and shall read as follows: "" Art. 9. -The departure of the ship by the commander in case of danger, before having exercised his duties for the rescue of the ship and crew, shall be punishable by imprisonment from 6 months to 3 years. " 9. Article 10 is amended and shall read as follows: "" Art. 10. --(1) The order of 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. " 10. Article 11 is amended and shall read as follows: "" Art. 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 of to 7 years. " 11. Article 12 is amended and shall read as follows: "" Art. 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. " 12. Article 13 shall be amended and shall read as follows: "" Art. 13. -Takeover without right of order or control of a ship is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. " 13. Article 14 is amended and shall read as follows: "" Art. 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. " 14. Article 15 is amended and shall read as follows: "" Art. 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 criminal offence and is punishable by imprisonment from 3 to 10 years and prohibition of some rights. " 15. Article 16 is amended and shall read as follows: "" Art. 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. " 16. Article 17 is amended and shall read as follows: "" Art. 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. " 17. Article 18 is amended and shall read as follows: "" Art. 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. " 18. Article 19 is amended and shall read as follows: "" Art. 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. " 19. Article 20 is amended and shall read as follows: "" Art. 20. -Attempt at the crimes provided in art. 13 13-18 is punishable. " 20. Article 21 is amended and shall read as follows: "" Art. 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. " 21. Article 22 is amended and shall read as follows: "" Art. 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 would be endangered, constitutes offence and is punishable by imprisonment from one year to 5 years. " 22. Article 24 is amended and shall read as follows: "" Art. 24. -Hitting 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 criminal code for this offence, the limits of which shall be increased by one third. " 23. Article 26 is amended and shall read as follows: "" Art. 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 shall be set in motion on the prior complaint of the injured person. " 24. Article 27 is amended and shall read as follows: "" Art. 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. " 25. Article 28 is amended and shall read as follows: "" Art. 28. -(1) The arboration without right of the Romanian pavilion or the entry into 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 waters of Romania shall also be sanctioned. " 26. Article 29 is amended and shall read as follows: "" Art. 29. -The deed of the master 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. " 27. in Article 30, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) The attempt is punishable." 28 articles 31, 32 and 2 of Article 33 shall be repealed. + Article 132 Law no. 196/2003 * *) on the prevention and control of pornography, republished in the Official Gazette of Romania, Part I, no. 87 of 4 February 2008, is amended as follows: Note
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* *) Law no. 196/2003 was republished in the OFFICIAL GAZETTE no. 198 198 of 20 March 2014.
---------- 1. Article 9 shall read as follows: "" Art. 9. -Racolation, determination or use of a major person deprived of discernment to the commission of obscene acts, for the purpose of producing pornographic materials, is punishable by imprisonment from 2 to 7 years. " 2. Articles 10 to 12 shall be repealed. + Article 133 Paragraph 2 of Article 19 of the Political parties law no. 14/2003 *), republished in the Official Gazette of Romania, Part I, no. 550 of 6 August 2012, is amended as follows: Note
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* *) Law no. 14/2003 was republished in the OFFICIAL GAZETTE no. 347 of 12 May 2014 and in the OFFICIAL GAZETTE no. 408 408 of 10 June 2015.
---------- " (2) The list shall be accompanied by a declaration on his own responsibility of the person who prepared it, attesting the authenticity of the signatures, under the sanction provided by art. 326 326 of the Criminal Code. " + Article 134 Article 32 of Law no. 217/2003 *) to prevent and combat domestic violence, republished in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, is amended and shall read as follows: Note
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* *) Law no. 217/2003 was republished in the OFFICIAL GAZETTE no. 205 205 of 24 March 2014.
---------- "" Art. 32. -Violation of any of the measures provided for in art. 23 23 para. (1) and ordered by the protection order constitute the crime of non-compliance with the court decision and shall be punished with imprisonment from one month to one year. Reconciliation removes criminal liability. " + Article 135 Article 36 of Law of museums and public collections no. 311/2003 *), republished in the Official Gazette of Romania, Part I, no. 927 of 15 November 2006, as amended, shall be repealed. Note
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* *) Law no. 311/2003 was republished in the OFFICIAL GAZETTE no. 207 207 of 24 March 2014.
---------- + Article 136 Article 17 of Law no. 329/2003 *) on the exercise of the profession of private detective, republished in the Official Gazette of Romania, Part I, no. 306 of 8 May 2007, is amended and shall read as follows: Note
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* *) Law no. 329/2003 was republished in the OFFICIAL GAZETTE no. 178 178 of 12 March 2014.
---------- "" Art. 17. -The non-right exercise of the profession of private investigator constitutes a crime and is punishable according to the Criminal Code. " + Article 137 Law no. 333/2003 *) on the protection of objectives, goods, values and protection of persons, published the Official Gazette of Romania, Part I, no. 525 of 22 July 2003, as amended and supplemented, shall be amended as follows: Note
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* *) Law no. 333/2003 was republished in the OFFICIAL GAZETTE no. 189 189 of 18 March 2014.
---------- 1. Article 58 shall read as follows: "" Art. 58. -Conduct for commercial purposes of security or protection activities, design, production, installation and maintenance of alarm systems against efaction or their components without attestation or without operating license provided by law constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. " 2. Article 59 shall read as follows: "" Art. 59. -Involvement of heads of units with own security or personnel of specialized security and protection companies in the conduct of force actions, foreclosures, recoveries of debits, labor conflicts or resisting actions to restore the law order by the competent public authorities, as well as non-compliance with the provisions of art. 21 are punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. " + Article 138 Article 24 ^ 1 of Law no. 360/2003 * *) on the regime of dangerous chemicals and preparations, published in the Official Gazette of Romania, Part I, no. 635 of 5 September 2003, as amended and supplemented, shall be repealed. Note
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* *) Law no. 360/2003 was republished in the OFFICIAL GAZETTE no. 178 178 of 12 March 2014.
---------- + Article 139 Article 51 of Law no. 477/2003 * *) on the preparation of the national economy and the territory for defence, published in the Official Gazette of Romania, Part I, no. 824 of 20 November 2003, as amended, shall be repealed. Note
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* *) Law no. 477/2003 was republished in the OFFICIAL GAZETTE no. 201 201 of 21 March 2014.
---------- + Article 140 Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 of 23 December 2003, as amended and supplemented, shall be amended as follows: 1. In Article 206 ^ 23 (1), letters d) and e) shall read as follows: "" d) in the case of a natural person who is to carry out his or her work as an authorised warehousekeeper, it shall not be incapacitated or have not been definitively convicted of offences against the estate by failing to trust, offences of corruption, embezzlement, offences of forgery in documents, tax evasion or offences between those covered by this Code, Law no. 86/2006 on the Customs Code of Romania, with subsequent amendments and completions, Law no. 241/2005 to prevent and combat tax evasion, as amended, Accounting Law no. 82/1991 , republished, with subsequent amendments and completions, Law no. 31/1990 , republished, with subsequent amendments and completions, Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, as amended and supplemented, Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, and Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions; e) in the case of a legal person who is to carry out his work as an authorized warehousekeeper, the administrators of these legal persons shall not be incapacitated or have not been definitively convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, offences of forgery in documents, tax evasion or offences between those covered by this Code, Law no. 86/2006 , as amended and supplemented, Law no. 241/2005 ,, as amended, Law no. 82/1991 , republished, with subsequent amendments and completions, Law no. 31/1990 , republished, with subsequent amendments and completions, Law no. 143/2000 , as amended and supplemented, Law no. 656/2002 , republished, and Law no. 78/2000 ,, as amended and supplemented; " 2. In Article 206 ^ 28 (2) (a), point 2 shall read as follows: " 2. the person was convicted by a final court decision, in Romania or in a foreign state, for crimes against heritage by disregarding trust, corruption offences, embezzlement, crimes of forgery in documents, tax evasion or offences between those covered by this Code, Law no. 86/2006 , as amended and supplemented, Law no. 241/2005 ,, as amended, Law no. 82/1991 , republished, with subsequent amendments and completions, Law no. 31/1990 , republished, with subsequent amendments and completions, Law no. 143/2000 , as amended and supplemented, Law no. 656/2002 , republished, and Law no. 78/2000 ,, as amended and supplemented; " 3. In Article 206 ^ 28 (2) (b), point 2 shall read as follows: " 2. any of the administrators of the legal person was convicted by a final court decision, in Romania or in a foreign state, for crimes against heritage by disregarding trust, corruption crimes, embezzlement, offences of forgery in documents, tax evasion or offences between those covered by this Code, Law no. 86/2006 , as amended and supplemented, Law no. 241/2005 ,, as amended, Law no. 82/1991 , republished, with subsequent amendments and completions, Law no. 31/1990 , republished, with subsequent amendments and completions, Law no. 143/2000 , as amended and supplemented, Law no. 656/2002 , republished, and Law no. 78/2000 ,, as amended and supplemented; " 4. In Article 296 ^ 3 (f), point 6 shall read as follows: "" Six. The Ministry of Justice, for persons serving a custodial sentence or are in pre-trial detention, as well as for persons who are in the execution of an educational or safety custodial measure, respectively persons who are in the period of postponement or interruption of the execution of the custodial sentence, if they have no income; " + Article 141 Government Emergency Ordinance no. 27/2003 on the procedure of tacit approval, published in the Official Gazette of Romania, Part I, no. 291 of 25 April 2003, approved with amendments and additions by Law no. 486/2003 , as amended and supplemented, shall be amended as follows: 1. Article 15 shall read as follows: "" Art. 15. -The act of a person to invoke before an authority or public institution the existence of an authorization as a result of the procedure of tacit approval, omitting with science the presentation of the response or notification received within the authorization process under art. 6 6 para. ((4), constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " 2. Article 15 ^ 2 shall be repealed. + Article 142 Government Emergency Ordinance no. 93/2003 for the expression of the vote by electronic means in the national referendum on the revision of the Constitution, published in the Official Gazette of Romania, Part I, 716 of 14 October 2003, approved by Law no. 542/2003 ,, is amended as follows: 1. The title of Chapter III shall read as follows: "" CHAPTER III Contraventions " 2. In Article 13 (1), the letter a) shall read as follows: "" a) the delivery of a sealed envelope containing the access data to a person who does not present the identity document; " 3. Article 14 shall be repealed. + Article 143 Law no. 67/2004 for the election of local public administration authorities, republished in the Official Gazette of Romania, Part I, no. 333 of 17 May 2007, as amended and supplemented, shall be amended and supplemented as follows: 1. The title of Chapter V is amended and shall read as follows: "" CHAPTER V Contraventions " 2. In Article 103, letter n) shall be amended and shall read as follows: "" n) the delivery of the ballot to a voter who does not present the identity document; " 3. In Article 103, after letter t) a new letter, letter t) is inserted, with the following contents: "t) printing without the right of ballot papers, with a view to their use on the day of election." 4. Article 104 is amended and shall read as follows: "" Art. 104. -The contraventions provided in art. 103 lit. h), i), l), t) and t) are sanctioned with a fine of 600 lei to 1,000 lei, those provided in lett. c)-f), with a fine of 1,000 lei to 1,400 lei, those provided in lett. j), k) and o)-s), with a fine of 1,400 lei to 2,000 lei, and those provided in lett. a), b), g), m) and n), with a fine from 2,200 lei to 3,000 lei. " 5. In Article 105 (1), point a) shall be amended and shall read as follows: " a) police officers, for the facts provided in art. 103 lit. a), b), g)-i), k)-n), q) and t); " 6. Articles 106 to 115 shall be repealed. 7. Article 116 is amended and shall read as follows: "" Art. 116. -The goods intended or used to commit the contraventions provided in art. 103 lit. i), r) and t) or results from their commission shall be confiscated. " + Article 144 Land Improvement Law no. 138/2004 , republished in the Official Gazette of Romania, Part I, no. 88 of 13 February 2009, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 82 is amended and shall read as follows: "" Art. 82. -(1) The prevention by violence or threat of the authorized specialist, under the law, with the inspection of the land improvement infrastructure or with the carrying out of operation, maintenance and repair of this infrastructure a-and perform his duties shall be punishable by imprisonment from 6 months to 3 years or with a fine. ((2) Start of irrigation facilities for watering crops on land located on the territory of an organization or federations or within an irrigation arrangement under the administration of the Administration, without empowering the organization or the federation or without the prior conclusion of a seasonal contract with the Administration, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " 2. In Article 83 (1), after letter k) a new letter, letter l) is inserted, with the following contents: "" l) the act of the chairman of the board of directors or the director of an organization or federations not to submit to the Regulatory Office the statement of annual revenue and audited financial statements. " 3. Article 83 (2), point d) shall be amended and shall read as follows: "" d) those referred to in lett. g)-l), with a fine of 7,000 lei to 15,000 lei. " + Article 145 Law no. 205/2004 * *) on animal protection, published in the Official Gazette of Romania, Part I, no. 531 of 14 June 2004, as amended and supplemented, shall be amended and supplemented as follows: Note
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* *) Law no. 205/2004 was republished in the OFFICIAL GAZETTE no. 320 320 of 30 April 2014.
---------- 1. Article 7 ^ 1 is amended and shall read as follows: "" Art. 7 7 ^ 1. -(1) It is forbidden to euthanize dogs, cats and other animals carried out with non-compliance with the procedure provided by law. (2) By way of exception, animals with incurable diseases found under the law by the veterinarian will be euthanized immediately. " 2. Article 23 is amended and shall read as follows: "" Art. 23. -(1) It constitutes a crime and is punishable by imprisonment from 3 months to one year or with a fine: a) killing animals, with intent, without right; b) the practice of shooting on domestic animals or captive wild animals; c) the organization of fights between animals or animals; d) the use of live animals for animal training or to control their aggressiveness; e) the injury or the skirting of animals; f) surgical interventions intended to modify the appearance of an animal or other non-urative purposes, such as codomy, ear cupping, vocal cords sectioning, claw ablation, beak and tooth colloquery. (2) In the case of conviction for one of the offences referred to in par. ((1), the court may order that the punishment complementary to the prohibition of holding animals for a period of one year to 5 years. " 3. After Article 23, a new article is inserted, Article 23 ^ 1, with the following contents: "" Art. 23 23 ^ 1. -(1) The following facts are contraventions: a) non-compliance with 5 5 para. ((1); b) non-compliance with 6 6 para. ((2) lit. e)-g), k) and m); c) non-compliance with 12 12; d) non-compliance with 26 26 para. ((3). (2) Contraventions provided in par. (1) is sanctioned with a fine of 1,000 lei to 3,000 lei. " 4. Article 25 is amended and shall read as follows: "" Art. 25. -(1) The finding of contraventions and the application of sanctions provided in art. 23 ^ 1 shall be made by persons empowered, according to their duties, of the National Veterinary Health and Food Safety Authority and the Ministry of Administration and Interior. (2) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum fine provided in art. 23 ^ 1, the finding agent making mention of this possibility in the minutes. ((3) Contraventions provided for in art. 23 ^ 1 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " + Article 146 Article 20 of the Law no. 213/2004 on the exercise of the profession of psychologist with the right of free practice, the establishment, organization and functioning of the College of Psychologists in Romania, published in the Official Gazette of Romania, Part I, no. 492 of 1 June 2004, letter a) is amended and shall read as follows: "a) the psychologist who has been definitively convicted of intentionally committing a crime in circumstances related to the exercise of the profession of psychologist;" + Article 147 Article 57 of Oil Law No. 238/2004 , published in the Official Gazette of Romania, Part I, no. 535 of 15 June 2004, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 57. -The execution of oil operations without a permit or oil agreement constitutes a crime and is punishable by imprisonment from 6 months to 3 years. " + Article 148 Articles 132 and 133 of Law no. 272/2004 * *) on the protection and promotion of children's rights, published in the Official Gazette of Romania, Part I, no. 557 of 23 June 2004, as amended, shall be repealed. Note
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* *) Law no. 272/2004 was republished in the OFFICIAL GAZETTE no. 159 159 of 5 March 2014.
---------- + Article 149 Paragraph 2 of Article 92 of the Law no. 273/2004 on the legal regime of adoption, republished in the Official Gazette of Romania, Part I, no. 259 of 19 April 2012, with subsequent amendments and completions, shall be amended and shall read as follows: "" (2) The right of the person who, without right, intermediates the adoption of a child, for the purpose of obtaining material benefits, shall be punished with imprisonment from one year to 5 years. " + Article 150 Article 14 of Law of University Consortia no. 287/2004 * *), published in the Official Gazette of Romania, Part I, no. 614 of 7 July 2004, shall be repealed. Note
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* *) Law no. 287/2004 was republished in the OFFICIAL GAZETTE no. 111 111 of 13 February 2014.
---------- + Article 151 Law no. 295/2004 on the regime of weapons and ammunition, republished in the Official Gazette of Romania, Part I, no. 814 of 17 November 2011, as amended, shall be amended as follows: 1. In Article 14 (1), points c) and d) shall read as follows: " c) have not been convicted, by final court decision, to the sentence of detention for life or prison sentence of more than one year, for crimes committed with intent or for crimes provided by this law; d) are not indicted in criminal cases for acts committed with intent; " 2. In Article 57 (4), points a) and b) shall read as follows: " a) have not been convicted, by final court decision, of the sentence of detention for life or prison sentence of more than one year; b) are not indicted in criminal cases for acts committed with intent; " 3. Articles 133 to 141 shall be repealed. + Article 152 Law no. 297/2004 on the capital market, published in the Official Gazette of Romania, Part I, no. 571 of 29 June 2004, as amended and supplemented, shall be amended as follows: 1. In Article 10 (b), point 2 shall read as follows: " 2. is incapacitated or has been convicted of crimes against heritage by disregarding trust, crimes of corruption, embezzlement, crimes of forgery in documents, tax evasion, crimes provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, or for those provided by this law; " 2. In Article 46, paragraph 6 shall read as follows: "(6) The Fund will suspend any payment for investors who are in criminal investigation, in connection with an action arising from or related to money laundering, until a final decision is rendered by the competent court." 3. Article 279 shall read as follows: "" Art. 279. -It constitutes a crime and is punishable by imprisonment from 6 months to 5 years and the prohibition of some rights: a) submission with intent by the administrator, director or chief executive of the company to shareholders of inaccurate financial statements or unreal information on the economic conditions of the company; b) committing the facts provided in art. 245-248 245-248; c) the unauthorised access of electronic trading, storage or clearing-settlement systems by unauthorised persons. '; + Article 153 Law no. 370/2004 for the election of the President of Romania, republished in the Official Gazette of Romania, Part I, 650 of 12 September 2011, shall be amended and supplemented as follows: 1. In Article 15, paragraph 3 shall be amended and shall read as follows: " (3) The membership of an electoral office shall cease from law if the prosecution was ordered for the commission of a crime provided for in art. 385-391 of the Criminal Code or under the conditions provided in art. 56 56 para. ((5). The finding of the termination of the membership of an electoral office is made, within 48 hours after the intervention of the case, by the president of the superior hierarchical electoral office, and in the case of the Central Electoral Office, by the President of the High Court of Cassation and Justice. ' 2. Article 51 (5) shall be amended and shall read as follows: " (5) The Central Electoral Office shall hand over to the Permanent Electoral Authority the files comprising the copies of the permanent electoral lists and the tables used in the polling stations on both rounds, as well as the statements on its own liability provided in art. 44 44 para. ((4). Upon notification of political parties, organizations of citizens belonging to national minorities, political alliances, electoral alliances and independent candidates participating in elections, made no later than 15 days from the date of validation the result of each ballot and accompanied by the evidence on which it is based, the Permanent Electoral Authority checks the copies on the permanent electoral lists and the tables used within the polling stations to which the complaint refers, in to discover cases where a person has voted without voting or voted for several times on the same ballot. The term of verification of the electoral lists used in the polling stations is 6 months after their receipt. If the Permanent Electoral Authority discovers indications regarding the commission of the crimes provided for in art. 387 of the Criminal Code, notifies the competent prosecution bodies. " 3. The title of Chapter IV is amended and shall read as follows: "" CHAPTER IV Contraventions " 4. in Article 55, points n) and r) shall be amended and shall read as follows: " n) printing without the right of ballot papers, with a view to their use on the day of election; ........................................................... r) handing the ballot to a voter who does not present the identity document or who refuses to sign in the electoral list or the electoral table in which he is registered for the receipt of the ballot and stamp with the mention "VOTED"; ". 5. In Article 55, after letter r) a new letter, letter r ^ 1) is inserted, with the following contents: " r ^ 1) non-compliance with art. 44 44 para. ((8) on the presence of other persons in the voting booth; ". 6. Article 64 is amended and shall read as follows: "" Art. 64. -The goods intended or used to commit the contraventions provided in art. 55 or the results of their commission shall be forfeited. ' + Article 154 Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 912 of 7 October 2004, as amended and supplemented, shall be amended as follows: 1. In Article 23, paragraph 1 shall read as follows: "" Art. 23. --(1) For the entire term of office, local elected officials shall be considered in the exercise of public authority and shall enjoy the protection provided by law. " 2. Article 84 shall be repealed. + Article 155 Law no. 411/2004 on privately managed pension funds, republished in the Official Gazette of Romania, Part I, no. 482 of 18 July 2007, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 141 (1), after letter g) a new letter, letter h) is inserted, with the following contents: " h) violation of the prohibitions provided in art. 117 117. " 2. Article 144 is amended and shall read as follows: "" Art. 144. -Conducting without right the activities for which this law provides for the obligation to hold an authorization or an opinion from the Commission constitutes a crime and is punishable by imprisonment from one year to 3 years or a fine. " 3. Article 145 is amended and shall read as follows: "" Art. 145. -(1) It constitutes a crime and is punishable by imprisonment from one year to 5 years: a) the use of the contribution to the pension fund for purposes other than those provided by this law; b) non-compliance with 28 regarding the investment and disposal of the assets of the pension fund by the administrator; c) the use of the cash availability of a participant in a pension fund for purposes other than those provided for by this Law; d) unauthorised administration or modification of private pension schemes. (2) If the facts provided in par. (1) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. " 4. Article 146 is amended and shall read as follows: "" Art. 146. -The marketing agent's act of presenting acts of accession with information that does not correspond to reality constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine. " 5. Article 147 is amended and shall read as follows: "" Art. 147. -The use without right of the phrase "pension fund" provided for in art. 56 56 para. ((1) constitutes a crime and is punishable by a fine. " + Article 156 Article 14 of the Law no. 466/2004 on the Statute of the Social Assistance, published in the Official Gazette of Romania, Part I, no. 1.088 of 23 November 2004, letters b) and c) are amended and shall read as follows: " b) was convicted by a final court decision for the intentional commission of a crime in circumstances related to the exercise of the profession of social worker; c) is prohibited, by final court decision, the right to exercise the profession of social worker; ". + Article 157 Article 12 (1) of Article 12 Law no. 508/2004 on the establishment, organization and functioning within the Public Ministry of the Directorate for Investigation of Organized Crime and Terrorism, published in the Official Gazette of Romania, Part I, no. 1.089 of 23 November 2004, with subsequent amendments and completions, shall be amended and shall read as follows: (1) I am within the competence of the Directorate for the Investigation of Organized Crime and Terrorism, regardless of the quality of the person: a) the following crimes, if their commission entered for the purpose of an organized criminal group, in the sense provided in art. 367 367 para. ((6) of the Criminal Code: (i) the offences provided in art. 188 188, art. 189 189, art. 205 205, art. 207 207, art. 209 209, art. 212-215 212-215, art. 217 217, art. 249-252 249-252, art. 263-264, art. 310 310, art. 311 311, art. 313, if the falsified values are of those provided in art. 310 310 and art. 311 311, art. 314 314, art. 315 315, art. 316, if the falsified foreign values are of those provided in art. 310 310 and art. 311 311, art. 325 325, art. 342-347 342-347, art. 351 351, art. 359 359, art. 360-366 of the Criminal Code; (ii) the offences provided in art. 228 228, art. 229 229, art. 232 with reference to art. 228-229 228-229, art. 233-237 233-237, art. 239-242 239-242, art. 244 244, art. 245-248 245-248, art. 295 295, art. 308-309 with reference to art. 295 of the Criminal Code, art. 307 307, art. 309 with reference to art. 307 of the Criminal Code, if in question, regardless of the number of competing crimes, a material damage occurred higher than the equivalent in lei of 500,000 euros; (iii) the offence provided by art. 5 5 of Law no. 11/1991 on combating unfair competition, with subsequent amendments and completions; ((iv) the offences provided by Law no. 297/2004 on the capital market, with subsequent amendments and completions; ((v) offences provided for by Law no. 241/2005 to prevent and combat tax evasion, as amended, if in question, regardless of the number of competing crimes, a material damage occurred higher than the equivalent in lei of 500,000 euros; ((vi) the offences provided by Law no. 86/2006 on the Customs Code of Romania, with subsequent amendments and completions; (vii) the offence provided by art. 155 155 of Law no. 95/2006 on health care reform, with subsequent amendments and completions; b) the following crimes, whether or not they were committed under the conditions of the organized criminal group provided by art. 367 367 para. ((6) of the Criminal Code: (i) the offences provided in art. 210-211 210-211, art. 217 with reference to art. 210-211 210-211, art. 303 303, art. 309 with reference to art. 303 303, art. 325 325, art. 328, if the act concerns the crime provided by art. 325 325, art. 360-366 360-366, art. 374 374, art. 394 394-412 of the Criminal Code; ((ii) the offences provided by Law no. 51/1991 on the national security of Romania, with subsequent amendments and completions; (iii) the offences provided by Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities, republished, with subsequent amendments and completions; ((iv) the offences provided by Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, as amended and supplemented; ((v) offences provided for by Law no. 535/2004 on the prevention and combating of terrorism, as amended and supplemented; ((vi) the offences provided by Government Emergency Ordinance no. 121/2006 on the legal regime of drug precursors, approved with amendments by Law no. 186/2007 ,, as amended; (vii) the offences provided by Law no. 194/2011 on combating operations with products likely to have psychoactive effects, other than those provided by normative acts in force, as amended; c) the crime provided in art. 367 of the Criminal Code, if for the purpose of the criminal group enter any of the crimes provided in lett. a) or b); d) the crime of money laundering provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorism, republished, as amended, if the money, goods and values that were the subject of the money comes from the commission of crimes given in the competence of the Directorate for Investigation of Organized Crime and Terrorism; e) the offences related, according to art. 43 of the Code of Criminal Procedure, with those provided in lett. a)-d). ------------ Alin. ((1) art. 12 12 of Law no. 508/2004 has been amended by art. II of EMERGENCY ORDINANCE no. 3 of 5 February 2014, published in the OFFICIAL GAZETTE no. 98 98 of 7 February 2014. + Article 158 Article II of the Law no. 522/2004 to amend and supplement Law no. 143/2000 on combating illicit drug trafficking and use, published in the Official Gazette of Romania, Part I, no. 1.155 of 7 December 2004, with subsequent amendments and completions, the final sentence shall be deleted. + Article 159 Law no. 535/2004 on the prevention and combating of terrorism, published in the Official Gazette of Romania, Part I, no. 1.161 of 8 December 2004, shall be amended and supplemented as follows: 1. In Article 4, paragraphs 8 and 9 shall be amended and shall read as follows: "" 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, attesting to 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; 9. propaganda-systematically spreading or apologising to ideas, conceptions or doctrines, with the intention of convincing and attracting new followers; ". 2. Article 32 is amended and shall read as follows: "" Art. 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. " 3. Article 33 is amended and shall read as follows: "" Art. 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. " 4. After Article 33, two new articles are inserted, Articles 33 ^ 1 and 33 ^ 2, with the following contents: "" Art. 33 33 ^ 1. -It constitutes 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 ^ 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 he 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. " 5. Article 34 is amended and shall read as follows: "" Art. 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. " 6. Article 35 is amended and shall read as follows: "" Art. 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. " 7. Article 36 is amended and shall read as follows: "" Art. 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. " 8. Article 37 is amended and shall read as follows: "" Art. 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. " 9. Article 38 is amended and shall read as follows: "" Art. 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 the 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, it is punishable by imprisonment from 3 months to 2 years or with a fine. " 10 articles 39 and 47 shall be repealed. + Article 160 Paragraph 3 of Article 43 of the Law no. 550/2004 on the organization and functioning of the Romanian Gendarmerie, published in the Official Gazette of Romania, Part I, no. 1.175 of 13 December 2004, shall be repealed. + Article 161 Paragraph 3 of Article 24 *) of Law of Administrative Litigation no. 554/2004 , published in the Official Gazette of Romania, Part I, no. 1.154 of 7 December 2004, as amended and supplemented, shall be repealed. + Article 162 Paragraph 4 of Article 16 of the Agricultural Cooperation Law no. 566/2004 , published in the Official Gazette of Romania, Part I, no. 1.236 of 22 December 2004, with subsequent amendments and completions, shall be amended and shall read as follows: " (4) There may be no founding members or members in the governing bodies persons who, according to the law, are incapable or who have been convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, offences of forgery in documents, tax evasion, offences provided for by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, or for the offences provided by Law no. 31/1990 on companies, republished, with subsequent amendments and completions. " + Article 163 Article 5 (3) of Article 5 Government Emergency Ordinance no. 73/2004 on the establishment of individual support grants for accommodation for students living in spaces other than the dormitories of state higher education institutions, published in the Official Gazette of Romania, Part I, no. 915 of 7 October 2004, approved by Law no. 527/2004 ,, is repealed. + Article 164 Law no. 1/2005 * *) on the organization and functioning of the cooperation, published in the Official Gazette of Romania, Part I, no. 172 of 28 February 2005, as amended, shall be amended and supplemented as follows: Note
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* *) Law no. 1/2005 was republished in the OFFICIAL GAZETTE no. 368 368 of 20 May 2014.
---------- 1. Article 15 is amended and shall read as follows: "" Art. 15. -There cannot be founding members persons who, according to the law, are incapable or who have been convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, crimes of forgery in documents, tax evasion, offences provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, or for the crimes provided by this law. " 2. Article 112 is amended and shall read as follows: "" Art. 112. -It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine the act of the founding member, the administrator, the president of the cooperative society or the executive director who: a) presents with bad faith in the prospectuses, reports and communications addressed to the public untrue data on the formation of the cooperative society or on its economic conditions or hides in bad faith, in whole or in part, so of data; b) presents, in bad faith, in the general meeting of the cooperative members an inaccurate financial situation or inaccurate data on the economic conditions of the cooperative society, in order to hide its real situation. " 3. Article 113 is amended and shall read as follows: "" Art. 113. -It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or by fine the act of the administrator, the president of the cooperative society or the executive director who: a) use in bad faith the goods or credit enjoyed by the cooperative society, for a purpose contrary to its interests or for its own benefit or to foster another cooperative or commercial society in which it has direct or indirectly; b) borrow in any form, directly or through an interposed person, from the cooperative society they manage; c) collect or pay dividends, in any form, from fictitious benefits or that could not be distributed, in the absence of the annual financial situation or contrary to those resulting from it. " 4. Article 114 is amended and shall read as follows: "" Art. 114. -It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or by fine the act of the administrator, the president of the cooperative society or the executive director who: a) issue social parts or cooperative bonds at a price below their nominal value; b) does not comply with the legal provisions regarding the cancellation of unpaid social parts; c) issue cooperative bonds without complying with legal provisions or issue social parts that do not include the mentions required by this law; d) does not comply with the provisions established by this law on the disposal and transmission of the use of tangible assets. " 5. In Article 115, after letter d) a new letter, letter e) is inserted, with the following contents: " e) fulfils the decisions of the general meeting relating to the merger, division, dissolution, reorganization or reduction of the share capital, without informing the judicial body or in violation of the prohibition established by it, if the the cooperative society has begun the prosecution. " + Article 165 Article 15 of Chapter IV "Anti-corruption measures" of Title VII "Conditions of establishment and payment of damages related to buildings improperly taken over" from Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, as amended and supplemented, point f) is repealed. + Article 166 Article 7 of Law no. 241/2005 to prevent and combat tax evasion, published in the Official Gazette of Romania, Part I, no. 672 of July 27, 2005, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 7. -(1) It constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of rights holding or putting into circulation, without right, stamps, bandages or typified forms, used in the field of taxation, with regime Special. (2) It constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of rights printing, use, possession or putting into circulation, with science, stamps, banderoles or typified forms, used in the field of taxation, with special, falsified regime. " + Article 167 Law no. 248/2005 on the regime of free movement of Romanian citizens abroad, published in the Official Gazette of Romania, Part I, no. 682 of 29 July 2005, as amended and supplemented, shall be amended as follows: 1. In Article 31 (2), letters b) and e) shall read as follows: " b) the attendant has previously committed one of the following offences: 1. murder; 2. crimes against freedom and sexual integrity; 3. crimes related to trafficking and exploitation of vulnerable persons; 4. deprivation of liberty illegally; 5. offences relating to drug trafficking or precursors; 6. human tissue or organ trafficking; 7. terrorism offences; ................................................................ e) the companion is not the person entrusted by the court with the supervision of the minor, under the conditions of the criminal law; ". 2. In Article 40, letter c) shall read as follows: "c) is admitted to an educational centre or detention centre;" 3. Article 50 shall be repealed. 4. Article 51 shall read as follows: "" Art. 51. -The deed of the person referred to in 30 30 para. ((1) lit. d) to have left the minor in another state, in violation of the obligations provided in art. 32 32 para. ((1) lit. c), e) and g), constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. " + Article 168 Law no. 282/2005 * *) on the organization of blood transfusion activity, blood donation and blood components of human origin, as well as quality assurance and health security, in order to use them therapeutic, published in the Official Gazette of Romania, Part I, no. 915 of 13 October 2005, as amended and supplemented, shall be amended as follows: Note
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Law no. 282/2005 was republished in the OFFICIAL GAZETTE no. 188 188 of 17 March 2014.
---------- 1. Article 39 shall read as follows: "" Art. 39. -They constitute crimes and are punishable by imprisonment from 6 months to 3 years or with a fine the following facts: a) the intentional non-declaration by the donor of communicable diseases or known risk factors, after prior information in the medical examination; b) the collection of blood from a person without the consent of the person; c) blood collection from a minor or from a major person without discernment, outside of specific medical indications established by the attending physician; d) the organization of transfusion activity in order to obtain material advantages by harnessing the blood and human blood components; e) the distribution and use of blood and human blood components without regular biological control and validation procedure; f) performing activities related to the donation, collection, biological control, preparation, distribution and administration of blood and human blood components, without authorization from the Ministry of Health or under conditions other than those provided for in the legal authorization or without accreditation for those activities; g) modification of the biological characteristics of a person's blood, before the harvest, without its consent. " 2. Article 40 shall be repealed. + Article 169 Law no. 289/2005 on certain measures to prevent and combat the criminal phenomenon in the field of railway transport, published in the Official Gazette of Romania, Part I, no. 922 of 17 October 2005, is amended as follows: 1. Article 4 shall read as follows: "" Art. 4. -Penetration without right followed by the refusal of leaving the areas provided in art. 1 and 2 by an unauthorized person constitutes a crime and is punishable by a fine. " 2. Articles 5 to 8 shall be repealed. + Article 170 Articles 34 to 36 of Government Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of citizens of the Member States of the European Union, the European Economic Area and the citizens of the Swiss Confederation, republished in the Official Gazette of Romania, Part I, no. 774 of 2 November 2011, shall be repealed. + Article 171 Article 98 of Government Emergency Ordinance no. 195/2005 on environmental protection, published in the Official Gazette of Romania, Part I, no. 1.196 of 30 December 2005, approved with amendments and additions by Law no. 265/2006 , with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 98. -(1) It constitutes crimes and is punishable by imprisonment from 3 months to one year or with a fine the following facts, if they were likely to endanger life or human, animal or plant health: a) the burning of stubble, reed, scrub and grassy vegetation in protected areas and on land subject to ecological restoration; b) accidental pollution due to the non-supervision of the execution of new works, the operation of installations, technological and treatment equipment and neutralization, mentioned in the provisions of the environmental agreement and/or authorization/authorization integrated by medium. (2) It constitutes crimes and is punishable by imprisonment from 6 months to 3 years or with a fine the following facts, if they were likely to endanger life or human, animal or plant health: a) pollution by evacuating, in the atmosphere or on the ground, hazardous waste or substances; b) the production of noises above the limits allowed, if this is seriously endangering human health; c) continuation of the activity after the suspension of the environmental agreement or authorization, respectively of the integrated environmental authorization; d) import and export of prohibited or restricted dangerous substances and preparations; e) the failure to report immediately about any major accident by persons in charge of this obligation; f) the production, delivery or use of chemical fertilisers and of any unauthorised plant protection products for crops intended for sale; g) non-compliance with prohibitions on the use on agricultural land of plant protection products or chemical fertilizers. (3) It constitutes crimes and is punishable by imprisonment from 6 months to 3 years the following facts, if they were likely to endanger human, animal or plant life or health: a) unattended and non-provision of landfills and hazardous substances, as well as non-compliance with the obligation to store chemical fertilizers and plant protection products only packaged and in protected places; b) the production or import for the purpose of placing on the market, as well as the use of dangerous substances and preparations without complying with the provisions of the normative acts in force and the introduction on the territory of Romania purpose of eliminating them c) transport and transit of dangerous substances and preparations, in violation of the legal provisions in force; d) carrying out activities with genetically modified organisms or their products, without requesting and obtaining the import/export agreement or authorizations provided for by the specific regulations; e) the cultivation of genetically modified superior plants for testing or for commercial purposes, without the registration provided by law. (4) It constitutes crimes and is punishable by imprisonment from one year to 5 years the following facts, if they were likely to endanger life or human, animal or plant health: a) the challenge, due to the unattended sources of ionizing radiation, environmental contamination and/or exposure of the population to ionizing radiation, the omission to promptly report the increase above the permissible limits of environmental contamination, application inadequate or failure to take action in the event of a nuclear accident; b) discharge of waste water and waste from ships or floating platforms directly into natural waters or the challenge, with science, of pollution, by evacuation or sinking into natural waters, directly or from floating vessels or platforms, of some hazardous substances or waste. (5) It constitutes crimes and is punishable by imprisonment from 2 to 7 years the following facts: a) continuing the activity that caused pollution after the termination of this activity; b) failure to take measures to eliminate the total hazardous substances and preparations that have become waste; c) refusal of intervention in case of accidental pollution of waters and coastal areas; d) refusal of control on the introduction and removal from the country of dangerous substances and preparations or the introduction into the country of crops of microorganisms, plants and live animals of wild flora and fauna, without the consent of the authority the central public for environmental protection. (6) The attempt is punishable. " + Article 172 Law no. 7/2006 on the status of the parliamentary civil servant, republished in the Official Gazette of Romania, Part I, no. 345 of 25 May 2009, as amended and supplemented, shall be amended as follows: 1. Article 68, point e) shall be repealed. 2. In Article 68, letter f) shall read as follows: "f) when the parliamentary civil servant was convicted of an intentional offence to a custodial sentence by a final judgment;". + Article 173 Article 13 (3) of the Law no. 32/2006 on mortgage bonds, published in the Official Gazette of Romania, Part I, no. 264 of 23 March 2006, letter d) is amended and shall read as follows: " d) not to be incapable or not to have been convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, crimes of forgery in documents, tax evasion, crimes provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, or for the crimes provided by this law. " + Article 174 Article 46 of Law of Community Public Utilities Services no. 51/2006 * *), published in the Official Gazette of Romania, Part I, no. 254 of 21 March 2006, as amended and supplemented, shall be repealed. + Article 175 Repealed. ---------- Art. 175 was repealed by letter. f) a art. 344, Title V of LAW no. 85 85 of 25 June 2014 , published in MONITORUL OFFICIAL no. 466 466 of 25 June 2014. + Article 176 Law no. 95/2006 on health reform, published in the Official Gazette of Romania, Part I, no. 372 of 28 April 2006, as amended and supplemented, shall be amended as follows: 1. Article 154 shall be repealed. 2. Article 155 shall read as follows: "" Art. 155. -(1) Sampling or transplantation of organs, tissues or cells of human origin from donors to life without consent given under the law constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. (2) The attempt is punishable. " 3. Article 156 shall read as follows: "" Art. 156. -Making a sampling when a forensic autopsy is compromised, requested under the law, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. " 4. Article 157 shall read as follows: "" Art. 157. -(1) The right of the person to donate organs, tissues or cells of human origin, for the purpose of obtaining material benefits, for himself or for another, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. (2) The constriction of a person to donate organs, tissues or cells of human origin constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. (3) The publication or media coverage of announcements on the donation of organs, tissues or cells of human origin, donation that would be carried out for the purpose of obtaining material benefits for themselves or for another, constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. " 5. Article 158 shall read as follows: "" Art. 158. -(1) Organizing or performing organ procurement, tissue or cells of human origin for transplantation, in order to obtain a material use for the donor or organizer, constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of rights. (2) With the punishment provided in par. (1) the purchase of organs, tissues or cells of human origin is also sanctioned for the purpose of resale. (3) The attempt is punishable. " 6. Article 159 shall read as follows: "" Art. 159. -(1) The introduction or removal from the country of organs, tissues or cells of human origin without special authorization issued by the National Transplant Agency constitutes a crime and is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. (2) The attempt is punishable. " 7 7. Articles 303, 304, 355 and 834 shall be repealed. 8. Article 835 shall read as follows: "" Art. 835. -(1) Failure to comply with the rules of good practice in the clinical trial of drugs constitutes a crime and is punishable by imprisonment from one month to 6 months or a fine. (2) The performance by non-qualified personnel in the clinical trial of drugs of studies requiring the approval of the National Medicines Agency shall be punished with imprisonment from 3 months to 2 years or with a fine. " + Article 177 Article 26 of Law no. 96/2006 *) on the Statute of Deputies and Senators, republished in the Official Gazette of Romania, Part I, no. 763 of 12 November 2008, as amended, shall be amended and shall read as follows: Note
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Law no. 96/2006 was republished in the OFFICIAL GAZETTE no. 459 of 25 July 2013 and subsequently also in the OFFICIAL GAZETTE no. 353 353 of 22 May 2015.
---------- "" ARTICLE 26 Authority protection (1) During the exercise of the parliamentary mandate, the deputies and senators are carriers of the state public authority, the provisions of art. 257 of the Criminal Code applying accordingly. (2) Criminal legal protection provided in par. ((1) shall also apply after the termination of the mandate if the facts are committed in connection with its exercise. " + Article 178 Article 11 of Law no. 122/2006 on asylum in Romania, published in the Official Gazette of Romania, Part I, no. 428 of 18 May 2006, with subsequent amendments and completions, shall be amended and shall read as follows: "" ARTICLE 11 Cause of unpunished The acts of illegal entry or stay on the territory of Romania, committed by persons who have been granted a form of protection under this law shall not be punished. " + Article 179 Law no. 204/2006 on voluntary pensions, published in the Official Gazette of Romania, Part I, no. 470 of 31 May 2006, as amended and supplemented, shall be amended as follows: 1. In Article 121 (1), letter i) shall read as follows: " i) non-compliance with 97 97 and art. 98 98 para. ((1); '. 2. Article 123 shall read as follows: "" Art. 123. -(1) It constitutes a crime and is punishable by imprisonment from one year to 5 years or with a fine: a) the deed to use the contribution to the pension fund for purposes other than those provided for by this Law; b) the deed to use the cash liquidity of a participant in a pension fund for purposes other than those provided for by this Law; c) unauthorised administration or modification of voluntary pension schemes. (2) It constitutes a crime and is punishable by imprisonment from one year to 3 years or with a fine without the right to carry out an activity for which this law provides for the obligation to hold an authorization or an opinion from the Commission. (3) If the facts provided in par. (1) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. " + Article 180 Law no. 227/2006 * *) on the prevention and control of doping in sport, republished in the Official Gazette of Romania, Part I, no. 63 of 25 January 2011, as amended, shall be amended as follows: Note
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Law no. 227/2006 was republished in the OFFICIAL GAZETTE no. 147 147 of 27 February 2014.
---------- 1. In Article 6 (1), letter i) shall read as follows: "" i) initiate the approval and review of the Prohibited List, in accordance with the World Anti-Doping; " 2. Article 18 shall read as follows: "" Art. 18. -(1) The prohibited list, in accordance with that of the World Anti-Doping Agency, is approved by law, on the proposal of the National Anti-Doping Agency. (2) The Agency shall initiate the review of the Prohibited List whenever changes appear in the list published by the World Anti-Doping Agency. " 3. Article 53 shall read as follows: "" Art. 53. -(1) Prescription or administration of prohibited substances, by doctors, athletes constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. (2) In case of committing the facts provided in par. (1) the College of Physicians of Romania is also notified. " 4. Article 54 shall read as follows: "" Art. 54. -The determination, by any means, by a person who has authority over the athlete, to the consumption of prohibited substances, in order to increase performance capacity, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " 5. Articles 55 to 57 shall be repealed. + Article 181 Paragraphs 1 and 2 of Article 38 of the Law of the water supply and sewerage service no. 241/2006 * *), published in the Official Gazette of Romania, Part I, no. 563 of 29 June 2006, with subsequent amendments and completions, shall be amended and shall read as follows: Note
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Law no. 241/2006 was republished in the OFFICIAL GAZETTE no. 85 85 of 8 February 2013.
---------- "" Art. 38. -(1) Failure to comply with the construction protection zones and installations related to water supply and sewerage systems, established in accordance with the technical and health protection rules in force, if these areas were marked in a manner accordingly, as well as the destruction of markings that signal these areas constitute a crime and are punishable by imprisonment from 3 months to one year or fine. (2) With the punishment provided in par. (1) it is sanctioned to prevent access to construction, installations and equipment components, by location of construction or by storing objects and materials on the route of adductions, pipes, collectors, canals, dormitories, External hydrants, etc. ' + Article 182 Article 77 of Law no. 273/2006 on local public finances, published in the Official Gazette of Romania, Part I, no. 618 of 18 July 2006, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 77 Offences and penalties It is a crime and is punishable by imprisonment from 3 months to 2 years or with a fine: a) hiring, ordering and making payments above the maximum limits of the amounts approved at the expense part, through the budgets provided in art. 1 1 para. ((2); b) committing the expenses from the budgets provided in art. 1 1 para. ((2) over the limit of approved budget appropriations; c) exercise of any powers with financial implications throughout the management of the insolvency situation, according to the provisions of art. 75 75 para. ((11)-(13), by the principal authorising officer or by the deliberative authority of the administrative-territorial unit under insolvency proceedings. " + Article 183 Articles 37 and 38 and paragraph 3 of Article 42 of the Law of Safety and Health at Work No. 319/2006 , published in the Official Gazette of Romania, Part I, no. 646 of 26 July 2006, as amended, shall be repealed. + Article 184 Articles 47 and 49-51 of Public service law on thermal energy supply no. 325/2006 , published in the Official Gazette of Romania, Part I, no. 651 651 of 27 July 2006, shall be repealed. + Article 185 Paragraph 3 of Article 36 of the Law no. 334/2006 * *) on the financing of the activity of political parties and electoral campaigns, republished in the Official Gazette of Romania, Part I, no. 510 of 22 July 2010, with subsequent additions, shall be repealed. Note
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Law no. 334/2006 was republished in the OFFICIAL GAZETTE no. 446 446 of 23 June 2015.
---------- + Article 186 Law no. 384/2006 on the status of soldiers and volunteer graders, published in the Official Gazette of Romania, Part I, no. 868 of 24 October 2006, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 45 (1), letter k) shall be amended and shall read as follows: "k) when they are sentenced by final court decision to the prison sentence with its execution;". 2. Article 45 (1) (l) shall be repealed. 3. In Article 45, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Soldiers and volunteer graders may be placed in reserve or removed from military records, as the case may be, in the case of final conviction to the prison sentence, without its execution. " + Article 187 Article 14 of Law no. 402/2006 *) on the prevention of accidents and the organization of rescue activity in the caving underground environment, published in the Official Gazette of Romania, Part I, no. 915 of 10 November 2006, is amended and shall read as follows: Note
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Law no. 402/2006 was republished in the OFFICIAL GAZETTE no. 297 297 of 23 April 2014.
---------- "" Art. 14. -The marks, credentials and distinctive colors of the equipment of the members of the salvaspeo teams are unique throughout Romania and are established by the Romanian Salvaspeo-CORSA Corps. " + Article 188 Hunting and Protection of the Hunting Fund no. 407/2006 , published in the Official Gazette of Romania, Part I, no. 944 of 22 November 2006, as amended and supplemented, shall be amended as follows: 1. Article 42 shall read as follows: "" Art. 42. -(1) It constitutes a crime of poaching and is punishable by imprisonment from 6 months to 3 years or with a fine, the following facts: a) hunting practiced by persons who do not possess a hunting permit, except in the cases provided in art. 32 32; b) hunting without complying with the conditions stated in the hunting authorization; c) attempt to practice or practice hunting without being enrolled in the individual or collective hunting authorization issued under the conditions of the management law, for the respective hunting fund; d) the practice of hunting with sides, greyhounds or greyhounds; e) the issuing of hunting authorisations in excess of the harvest quotas and the approved intervention figures for each manager; f) hunting of game species strictly protected under conditions other than legal ones; g) hunting in the Biosphere Reserve "Danube Delta", in national parks, in scientific reserves, in areas with strict protection or in full protection areas of other protected natural areas, other than under the conditions of art. 39 39 ^ 1; h) hunting in intravilan, other than under the conditions of art. 34 34; i) hunting of water migratory birds in special avifaunistic protection areas where hunting is prohibited and of species subject to protection in special areas of conservation contained in the kinetic funds, without observance the hunting provisions of the protected areas management plans; j) the pursuit of the injured game on another kinetic fund belonging to another manager, without its consent, or the passage on such a fund with the hunting weapon not closed in the holster and outside the communication routes; k) hunting on a hunting background other than the one the hunter is authorized to hunt; l) hunting outside the legal hunting periods of that species, according to Annex no. 1 and provisions of art. 36 36 or the approval of the species in Annex no. 2 2; m) hunting at night in the light of the headlights of vehicles or by using the devices specified in art. 39 lit. ad), comprising residual light amplifiers, infrared vision devices and thermal imaging devices, which allow to observe the game at night and draw in the dark on it; n) hunting of mammals and birds with unauthorized means; o) the use, for whatever purpose, of chemicals that cause intoxication, sterility or death of specimens of kinetic fauna; p) hunting of bears to nada or to the lair; q) access to kinetic funds or the practice of hunting with unauthorized traps, birds of prey and bows; r) access to kinetic funds or hunting with crossbows, weapons to which the cartridge percussion is carried out on the frame or with weapons other than those authorized or approved, as the case may be, for hunting in Romania; s) practicing hunting with a weapon other than held in hand. ---------- Alin. ((1) art. 42 42 of Law no. 407/2006 has been amended by section 48 48 of art. I of LAW no. 149 of 16 June 2015, published in the OFFICIAL GAZETTE no. 453 453 of 24 June 2015. ((2) The facts provided in par. (1) shall be punished with imprisonment from one year to 5 years, if committed: a) a person with duties in the field of hunting, as well as representatives of legal persons who have in the object of activity the protection of hunting or hunting; b) harvesting specimens of wild fauna species strictly protected from the areas of the intravilan, from the strictly protected area and from the buffer zone in the Biosphere Reserve "Danube Delta", other than under the conditions of the derogations established by law; c) hunting at night, except for the species to which hunting is allowed during this period, according to the regulations on the organization and practice of hunting. " 2. Article 43 shall read as follows: "" Art. 43. -(1) It constitutes a crime and is punishable by imprisonment from one month to one year or by fine non-compliance with the provisions of art. 39 lit. g) and z ^ 3). (2) It is a criminal offence and is punishable by imprisonment from 6 months to 3 years or with a fine non-compliance with the provisions of 39 lit. u). " "" Art. 43. -(1) It constitutes a crime and is punishable by imprisonment from one month to one year or by fine non-compliance with the provisions of art. 39 lit. g) and z). (2) It is a criminal offence and is punishable by imprisonment from 6 months to 3 years or with a fine non-compliance with the provisions of 39 lit. s). " ---------- Article 43 of Law no. 407/2006 has been amended by section 49 49 of art. I of LAW no. 149 of 16 June 2015, published in the OFFICIAL GAZETTE no. 453 453 of 24 June 2015. 3. Article 44 shall read as follows: "" Art. 44-Constituent offence and is punishable by imprisonment from 3 months to 3 years or with a fine: a) the removal from the country of game trophies with national heritage value, without complying with the regulations issued by the administrator; b) hunting of the game species listed in Annex no. 2 under conditions other than those of the derogations; c) hunting of non-flying chicks of birds of kinetic interest; d) transport of hunting acquired under the conditions of art. 42 or found shot or cut in the field, marketing, naturalization and any operations regarding hunting or parts or easily identifiable products derived from it, acquired without complying with the conditions of the law; e) release, appropriation and use of hunting permits under conditions other than those provided in art. 27 27-29 and 31; f) the issuance of permits for hunting in the perimeter built or fenced from the intravilan and in the protected natural areas or in the portions thereof in which the hunting is prohibited, without the approval of their administrators; g) preventing, by exercising acts of violence, the conduct of hunting activities under the conditions of art. 4 4 para. ((2); h) hunting practiced without insurance policy for accidents and civil liability in relation to the quality of hunter. " ---------- Article 44 has been amended by section 44. 51 51 of art. I of LAW no. 149 of 16 June 2015, published in the OFFICIAL GAZETTE no. 453 453 of 24 June 2015. 4. Articles 44 ^ 1 and 46 ^ 1 shall be repealed. + Article 189 Law no. 489/2006 * *) on religious freedom and the general regime of cults, published in the Official Gazette of Romania, Part I, no. 11 of 8 January 2007, is amended as follows: Note
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Law no. 489/2006 was republished in the OFFICIAL GAZETTE no. 201 201 of 21 March 2014.
---------- 1. Article 13 (3) shall be repealed. 2. In Article 23, paragraph 4 shall read as follows: "(4) The non-right exercise of the duties of priest constitutes a crime and is punishable according to the Criminal Code." + Article 190 Article 9 of Government Emergency Ordinance no. 11/2006 on the measures to be applied to monitor, combat and eradicate avian influenza on the territory of Romania, published in the Official Gazette of Romania, Part I, no. 184 of 27 February 2006, approved by additions Law no. 221/2006 , is amended and will read as follows: "" Art. 9. -Failure to comply with the obligations provided in 3 lit. a) constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. " + Article 191 Government Emergency Ordinance no. 86/2006 on the organization of the activity of insolvency practitioners, republished in the Official Gazette of Romania, Part I, no. 724 of 13 October 2011, is amended as follows: 1. In Article 25, paragraph 1 shall read as follows: "" Art. 25. -(1) He is unworthy of being an insolvency practitioner: a) the person convicted by final court decision for the commission of an intentional crime against heritage, corruption and service, forgery, as well as for the offences provided by Law no. 31/1990 on companies, republished, with subsequent amendments and completions, Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, and Law no. 241/2005 to prevent and combat tax evasion, as amended; b) the person to whom the complementary punishment of the prohibition to exercise the profession of insolvency practitioner has been applied, by final court decision. " 2. Article 75 shall read as follows: "" Art. 75. -The exercise of the activities provided for in 1 without having the status of insolvency practitioner constitutes a criminal offence and is punishable by criminal law. " + Article 192 Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, published in the Official Gazette of Romania, Part I, no. 1.027 of 27 December 2006, approved with amendments and additions by Law no. 227/2007 , as amended and supplemented, shall be amended as follows: 1. Article 410 shall read as follows: "" Art. 410-Conduct, without right, of activities between those provided in art. 5 5 para. (1), as well as the start of activities as a credit institution without obtaining the authorization according to the provisions of art 10 10 para. ((1) constitute crimes and are punishable by imprisonment from one year to 5 years. " ---------- Art. 410 of Government Emergency Ordinance no. 99/2006 has been amended by section 13 13 of art. I of LAW no. 29 of 9 March 2015, published in the OFFICIAL GAZETTE no. 171 171 of 12 March 2015, which introduces the item 193 ^ 2 of art. VIII of EMERGENCY ORDINANCE no. 113 of 18 December 2013 published in the OFFICIAL GAZETTE no. 830 830 of 23 December 2013. 2. Article 411 shall read as follows: "" Art. 411. -The unauthorized use by a person of a name specific to a credit institution, in violation of the provisions of art. 6, constitutes a crime and is punishable by imprisonment from one month to one year or fine. " 3. Article 412 shall read as follows: "" Art. 412. -The prevention, without right, of the exercise, according to the present law, by the National Bank of Romania of its supervisory powers of credit institutions constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with fine. " + Article 193 Article 18 (1) of the Government Emergency Ordinance no. 103/2006 * *) on some measures to facilitate international police cooperation, published in the Official Gazette of Romania, Part I, no. 1.019 1.019 of 21 December 2006, approved by Law no. 104/2007 , with subsequent amendments and completions, letter b) is amended and shall read as follows: Note
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Government Emergency Ordinance no. 103/2006 was republished in the OFFICIAL GAZETTE no. 150 150 of 28 February 2014.
---------- " b) the cross-border pursuit shall be carried out for one of the following 1. murder, culpable homicide, blows or injuries causing death; 2. crimes against freedom and sexual integrity; 3. destruction by arson or explosion or by any other such means; 4. counterfeiting of coins or other values; 5. qualified theft and robbery; 6. concealment or favoring of the offender; 7. blackmail; 8. deprivation of liberty illegally; 9. crimes related to trafficking and exploitation of vulnerable persons; 10. fraud committed by computer systems and electronic means of payment; 11. offences concerning the state authority and border; 12. corruption and service offences; 13. offences related to non-compliance with the regime of weapons and ammunition, explosive materials, nuclear materials and other radioactive materials; 14. offences against the safety and integrity of computer systems and data; 15. offences relating to drug trafficking or precursors; 16. non-compliance with import and/or export of waste and residues; 17. the offence of leaving the scene of the accident; 18. smuggling offences; 19. Tax evasion offences. " + Article 194 Government Emergency Ordinance no. 121/2006 on the legal regime of drug precursors, published in the Official Gazette of Romania, Part I, no. 1.039 of 28 December 2006, approved with amendments by Law no. 186/2007 ,, is amended as follows: 1. Article 22 shall read as follows: "" Art. 22. -(1) The placing on the market of classified substances, their import, export and intermediate activities, as well as the possession of scheduled substances without the authorization provided for in art. 5 5 para. ((1), respectively without the registration provided for in art. 7 7 para. ((1) and (4) constitute crimes and are punishable by imprisonment from 6 months to 5 years or a fine. (2) The marketing of classified substances to economic operators or unauthorized individuals according to art. 5 5 para. (1) or, as appropriate, unregistered according to art. 7 7 para. (1) and (4) for the activity with such substances constitutes a crime and is sanctioned with the prison sentence from 3 months to 3 years or with a fine. " 2 articles 23 and 24 shall be repealed. 3. Article 25 shall read as follows: "" Art. 25. -Criminal prosecution in the case of crimes provided in art. 22 is carried out by prosecutors from the Directorate for investigation of organized crime and terrorism within the Prosecutor's Office of the High Court of Cassation and Justice. " + Article 195 Law no. 33/2007 on the organization and conduct of elections for the European Parliament, republished in the Official Gazette of Romania, Part I, no. 627 of 31 August 2012, shall be amended as follows: 1. In Article 52, paragraph 5 shall read as follows: " (5) The Central Electoral Office shall hand over to the Permanent Electoral Authority the dossiers comprising the electoral lists used in the polling stations, filed on polling stations and by types of lists. Upon notification of political parties, organizations of citizens belonging to national minorities, political alliances, electoral alliances and independent candidates participating in elections, made no later than 15 days from the date of validation the result of the elections and accompanied by the evidence on which it is based, the Permanent Electoral Authority checks the electoral lists used within the polling stations to which the complaint refers, in order to discover the cases in which a person has voted without having the right to vote or voted several times on the same day of reference. The term of verification of the electoral lists used in the polling stations is 6 months after their receipt. If the Permanent Electoral Authority discovers indications regarding the commission of the crime provided in art. 387 of the Criminal Code, it notifies the competent prosecution bodies. " 2. In Article 53, letters n) and r) shall read as follows: " n) printing, without right, of ballots for their use on election day; ........................................................... r) handing the ballot to a voter who does not present the act or, as the case may be, the identity document or who refuses to sign in the electoral list in which he is registered for the receipt of the ballot and stamp with the mention "VOTED"; non-compliance with 46 46 para. ((8); '. 3. Articles 55 to 64 shall be repealed. + Article 196 Articles 19 to 23 of Law no. 135/2007 * *) on the archiving of documents in electronic form, published in the Official Gazette of Romania, Part I, no. 345 345 of 22 May 2007, shall be repealed. Note
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Law no. 135/2007 was republished in the OFFICIAL GAZETTE no. 138 138 of 25 February 2014.
---------- + Article 197 Article 52 of Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife, published in the Official Gazette of Romania, Part I, no. 442 of 29 June 2007, with subsequent amendments and completions, approved with amendments and completions by Law no. 49/2011 , is amended and will read as follows: "" Art. 52. -It constitutes a crime and is punishable by imprisonment from 3 months to one year or with a fine committing the following facts: a) the final or temporary removal from the agricultural or forestry circuit of land within the protected natural area, except those in the areas of sustainable development, for objectives other than those provided in art. 27 27 para. ((1); b) the final or temporary removal from the agricultural or forestry circuit of land within the natural area protected without the consent of the administrator or, as the case may be, of the custodian, issued according to the provisions of 27 27 para. ((2); c) non-compliance with 28 28 para. ((1); d) non-compliance with 33 33 para. ((1) and (2); e) the hunting of bird species set out in Annex no 5 C during periods of breeding and breeding of chickens; f) hunting of migratory bird species set out in Annex no. 5 C during their breeding period or during the return route to the nesting areas; g) the capture or killing of the wildlife species set out in Annexes 5 A, 5 B, 5 C, 5 D and 5 E and for cases where derogations are applied, according to the provisions of art. 38 38, the sampling, capture or killing of the species set out in Annexes no. 4 4 A and 4 B with the methods or means set out in Annex no. 6 6; h) the capture or killing of wild species with unlawful means; i) construction site, investments outside the sustainable development areas of protected natural areas, except those intended for the administration of protected natural area, those intended to prevent natural disasters and those realized in order to ensure national security. " + Article 198 Articles 9 and 10 of Government Emergency Ordinance no. 64/2007 on public debt, published in the Official Gazette of Romania, Part I, no. 439 of 28 June 2007, approved with amendments and additions by Law no. 109/2008 , as amended, shall be repealed. + Article 199 Article 42 of Government Emergency Ordinance no. 68/2007 on environmental liability with reference to the prevention and repair of environmental damage, published in the Official Gazette of Romania, Part I, no. 446 446 of 29 June 2007, approved by Law no. 19/2008 , as amended and supplemented, shall be repealed. + Article 200 Law no. 4/2008 on the prevention and combating of violence on the occasion of competitions and sports games, published in the Official Gazette of Romania, Part I, no. 24 of 11 January 2008, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 9, paragraph 3 shall be amended and shall read as follows: " (3) The spectator who, in the sports arena, performs a crime or one of the facts provided in art. 20 20 is evacuated, without being able to return to the arena until the end of the sports game. " 2. In Article 20, after letter v) a new letter, letter x) is inserted, with the following contents: "" x) penetration or attempt to penetrate without right, by any means, on the surface of the game. " 3. In Article 22, point d) is amended and shall read as follows: " d) with a fine of 500 lei to 1,500 lei or the provision of 120-200 hours of community activities, as well as with the complementary contravention sanction of prohibition of access to sports competitions and games like those to which they committed the act for a period of one year, the facts provided in art. 20 lit. i), l), p), s) and x). ' 4. Article 31 is amended and shall read as follows: "" Art. 31. -The act of the person who was applied the complementary contravention sanction of prohibiting access to some competitions or sports games to be in the sports arena where a competition or a sports game of the nature of those for that the ban was ordered constitutes a crime and is punishable by imprisonment from one month to one year or with a fine. " 5. Article 32 is amended and shall read as follows: "" Art. 32. -Putting violence towards law enforcement and safety or law enforcement or preventing them from exercising their specific duties, on the occasion of a competition or a sports game, constitutes a criminal offence and is punishes with imprisonment from 3 months to 2 years or a fine, if the act does not constitute a more serious crime. " 6. Articles 32 ^ 1, 33-45 and 48-53 shall be repealed. 7. Article 54 is amended and shall read as follows: "" Art. 54. -The prohibition of access or participation in some competitions or sports games, ordered in the form of a complementary contravention sanction, applies both in the case of competitions and sports games carried out in the country and in the case of those conducted abroad. " + Article 201 Law no. 35/2008 to elect the Chamber of Deputies and the Senate and to amend and supplement Law no. 67/2004 for the election of local public administration authorities, of the Local Government Law no. 215/2001 215/2001 and a Law no. 393/2004 on the Statute of local elected officials, published in the Official Gazette of Romania, Part I, no. 196 of 13 March 2008, as amended and supplemented, shall be amended as follows: 1. Article 13 ^ 3 shall read as follows: "" Art. 13 13 ^ 3. -The membership of an office or electoral office shall cease from law if the prosecution was ordered for the commission of a crime provided for in art. 385-391 of the Criminal Code. The finding of the case of termination of the membership of an office or electoral office shall be made, within 48 hours after the intervention of the case, by the chairman of the superior hierarchical electoral office, and in the case of the Electoral Office Central, by the president of the High Court of Cassation and Justice. Art. 13 13 ^ 12 shall apply accordingly. ' 2. The title of Chapter XIII shall read as follows: "" CHAPTER XIII Contraventions " 3. In Article 50, points i) and m) shall read as follows: " i) printing, without right, of ballots for their use on election day; ........................................................... m) the delivery of the ballot to a voter who does not present the voter card and the identity document or who refuses to sign in the electoral list in which he is registered for the receipt of the ballot and the voting stamp; " 4. Articles 52 to 61 shall be repealed. + Article 202 Law no. 46/2008 -Forest Code *), published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, as amended and supplemented, shall be amended as follows: Note
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Law no. 46/2008 -The forestry code was republished in the OFFICIAL GAZETTE no. 611 611 of 12 August 2015.
---------- 1. Article 107 shall be repealed. 2. Article 108 shall read as follows: "" Art. 108. --(1) Cutting, tearing, destruction, degradation or removal from roots, without right, of trees, seedlings or shoots from the national forest fund and forest vegetation located on land outside it, regardless of the form of property, constitutes a criminal offence and is punishable as follows: a) with imprisonment from 6 months to 3 years or with a fine, if the value of the damage produced is at least 5 times higher than the average price of one cubic meter of wood mass per foot at the time of the commission of the deed; b) with imprisonment from 6 months to 3 years or with a fine, if the value of the damage produced does not exceed the limit provided in lett. a), but the act was committed at least twice in the period of one year, and the cumulative value of the damage produced exceeds the limit provided in lett. a); c) with imprisonment from one year to 5 years, if the value of the damage produced is at least 20 times higher than the average price of one cubic meter of wood mass per foot on the date of the commission of the deed; d) with imprisonment from 2 to 7 years, if the value of the damage produced is at least 50 times higher than the average price of one cubic meter of wood mass per foot, at the time of the commission of the deed. (2) The special limits of the penalties provided in par. (1) shall be increased by half, if the facts were committed in the following circumstances: a) a person having a weapon or a narcotic or paralyzing substance; b) during the night; c) in the forest situated in protected natural areas of national interest; d) of forestry personnel. (3) The attempt is punishable. " 3. Article 109 shall read as follows: "" Art. 109. --(1) The grazing in forests or forest areas in which it is prohibited constitutes a forestry offence and is punishable as follows: a) with imprisonment from 3 months to 2 years or with a fine, if the amount of damage is at least 5 times higher than the average price of one cubic meter of wood mass per foot, at the time of the commission of the deed; b) with imprisonment from 6 months to 3 years or with a fine, if the amount of damage is at least 20 times higher than the average price of one cubic meter of wood mass per foot, at the time of the commission of the deed; c) with imprisonment from one to 5 years or with a fine, if the amount of damage is at least 50 times higher than the average price of one cubic meter of wood mass per foot, at the time of the commission of the act. (2) The special limits of the penalties provided in par. (1) shall be increased by half, if the facts were committed in the following circumstances: a) during the night; b) in the forest situated in protected natural areas of national interest. " 4. Article 110 shall read as follows: "" Art. 110. -(1) The theft of trees downed or broken by natural phenomena or trees, seedlings or shoots that have been cut or removed from the roots, from forests, protective forest curtains, from degraded land that have been improved through works of afforestation and forest vegetation outside the national forest fund, as well as any other specific products of the national forest fund constitute a criminal offence and shall be punishable as follows: a) with imprisonment from 6 months to 3 years or with a fine, if the value of the stolen wood material is at least 5 times higher than the average price of one cubic meter of wood mass per foot; b) with imprisonment from 6 months to 3 years or with a fine, if the act was committed at least twice in the space of one year, and the cumulative value of the wood material exceeds the value provided in lett. a); c) with imprisonment from one year to 5 years, if the value of the stolen wood material is at least 20 times higher than the average price of one cubic meter of wood mass per foot; d) with imprisonment from 2 to 7 years, if the value of the stolen wood material exceeds 50 times the average price of one cubic meter of wood mass per foot. (2) The special limits of the penalties provided in par. (1) shall be increased by half if the facts were committed in the following circumstances: a) a person having a weapon or a narcotic or paralyzing substance; b) during the night; c) in the forest situated in protected natural areas of national interest; d) of forestry personnel. " 5. Articles 111 to 113 shall be repealed. 6. Article 114 shall read as follows: "" Art. 114. -Failure to comply with the obligation provided in 30 30 para. (1) constitutes a forestry offence and is punishable by a fine. " 7. Articles 115 to 116 and 120 shall be repealed. 8. Abrogat. ---------- Item 8 of art. 202 202 of this legislative act amending art. 123 of LAW no. 46 46 of 19 March 2008 , published in MONITORUL OFFICIAL no. 238 238 of 27 March 2008, was repealed by letter. b) a art. III of LAW no. 133 133 of 8 June 2015 , published in MONITORUL OFFICIAL no. 411 411 of 10 June 2015. + Article 203 Law no. 64/2008 * *) on the safe operation of pressure installations, lifting installations and fuel-consuming appliances, republished in the Official Gazette of Romania, Part I, no. 485 of 8 July 2011, is amended as follows: Note
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Law no. 64/2008 -The forestry code was republished in the OFFICIAL GAZETTE no. 399 399 of 8 June 2015.
---------- 1. Article 21 shall read as follows: "" Art. 21. -The maintenance or reinstatement of installations or equipment, after being stopped or prohibited from their operation, by minutes concluded by the specialized inspectors of the ISCIR, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " 2. Article 22 shall read as follows: "" Art. 22. -(1) The performance without authorization of the activities regarding the installation, construction or installation of installations or equipment is a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. (2) The performance without authorization of activities regarding the commissioning, operation or modification of installations or equipment is a crime and is punishable by imprisonment from 2 years to 7 years and the prohibition of some rights. (3) The attempt is punishable. " 3. Article 23 shall read as follows: "" Art. 23. -(1) Unauthorized removal from operation, in whole or in part, of safety and control devices installed under the law on installations/equipment, without having reasons arising from the requirements of nuclear safety or radiation protection, if the act does not constitute a more serious crime, is punishable by imprisonment from 6 months to 3 years or with a fine. (2) If the act provided in par. (1) is committed at fault, is punishable by imprisonment from 3 months to one year or with a fine. (3) Conduct technical checks at the installations/equipment referred to in Annex no. 3 3 section 1-9, in order to authorize the operation, by persons who are not employed within ISCIR, shall be punished with a fine. " 4. Article 24 shall be repealed. + Article 204 Annex "Offences for which biological samples may be taken, in order to introduce genetic profiles in S.N.D.G.J." Law no. 76/2008 on the organization and functioning of the National Judicial Genetic Data System, published in the Official Gazette of Romania, Part I, no. 289 of 14 April 2008, shall be amended and replaced by the Annex which forms an integral part of this Law. + Article 205 Law no. 104/2008 on the prevention and control of the illicit production and trafficking of high-risk doping substances, republished in the Official Gazette of Romania, Part I, no. 451 of 28 June 2011, is amended as follows: 1. In Article 1, paragraph 3 shall read as follows: "(3) The Annex may be amended by the entry of a new substance or by the deletion of a substance on the proposal of the National Anti-Doping Agency." 2. Article 19 shall read as follows: Art. 19-Manufacture, preparation, processing and transformation of synthetic anabolic steroids, testosterone and its derivatives, erythropoietin, growth hormones and chemicals that enhance the natural production and release of testosterone or Growth hormones, without right, constitute contravention and are sanctioned with a fine of 15,000 lei to 30,000 lei. --------- Article 19 of Law no. 104/2008 has been amended by art. V of LAW no. 128 of 8 October 2014, published in the OFFICIAL GAZETTE no. 744 744 of 13 October 2014. 3 articles 20 and 21 shall be repealed. 4. Article 22 shall read as follows: "" Art. 22. -The person who committed the crime provided in art. 19 and which, during the prosecution, denounce and facilitate the identification and criminal liability of other persons who have committed such a crime benefit from the reduction in half of the limits of the sentence provided by law. " 5. Article 25 (3) shall be repealed. + Article 206 Article 101 of Law no. 173/2008 on active interventions in the atmosphere, published in the Official Gazette of Romania, Part I, no. 715 of 21 October 2008, as amended, shall be amended and shall read as follows: "" Art. 101. -(1) It constitutes crimes and is punishable by imprisonment from 3 months to 2 years or with a fine the following facts: a) carrying out activities of active interventions not included in the program and/or carried out by economic operators who have not received the operating license from the administration; b) granting of operating licenses without complying with the provisions of this law; c) the use by system operators, in the actions of active interventions, of uncertified technical means, according to the present law; d) non-compliance with the working regime with explosives or other harmful chemical agents during active interventions in the atmosphere. (2) It constitutes crimes and is punishable by imprisonment from one year to 5 years the following facts, if they have led to natural weather disasters of proportions: a) non-compliance with the technology of active interventions established by documentation and operating instructions; b) conduct of scientific research and development experiences not included in the program or outside approved scientific programs; c) non-compliance by system operators with procedures, protocols or quality of specialized meteorological products. " + Article 207 Paragraph 2 of Article II of the Law no. 268/2008 on approval Government Emergency Ordinance no. 26/2008 to amend and supplement Law no. 295/2004 on the regime of weapons and ammunition, published in the Official Gazette of Romania, Part I, no. 767 of 14 November 2008, shall be repealed. + Article 208 Government Emergency Ordinance no. 23/2008 on fishing and aquaculture, published in the Official Gazette of Romania, Part I, no. 180 of 10 March 2008, approved with amendments and additions by Law no. 317/2009 , as amended and supplemented, shall be amended as follows: 1. Article 64 shall read as follows: "" Art. 64. -The following acts constitute crimes and are punishable by a fine and prohibition of the right to fish for a period of between one year and 3 years: a) commercial or sport fishing without a licence or fishing authorisation; b) fishing by means of any breeding methods, during the prohibition period, and the destruction of the fish embryo spawn in the areas of natural reproduction; c) reducing the flow rate and the volume of water on the water courses, for the purpose of illegal fishing; d) opening, closing, shuttering, barring with fishing fences or fishing gear of any kind, by unauthorized persons, canals and lakes connecting with lakes, puddles or with floodplains; e) commercial fishing in natural fish habitats, by any means and means, of fish and other aquatic creatures, during the prohibition period and in protection zones; f) processing, without right, of fishery or aquaculture products; g) fishing of living aquatic resources with fishing gear having the mesh under the minimum legal dimensions; h) possession, transport or marketing without legal documents of fish, eggs or fish products obtained from fishing; i) the production, import, marketing, possession or use of fishing by unauthorized persons of the nets, voloneedles, prostovals, spills, vintires, as well as other types of commercial fishing gear; j) fishing with japca, with ostia, spear, tepoaica and with any other prickly or clinging tools, by raking or harping; k) the production, import, possession, marketing or use of monofilament mesh tools; l) fishing with other unauthorised tools or tools. " 2. Article 65 shall read as follows: "" Art. 65. -(1) The following acts constitute crimes and are punishable by imprisonment from 6 months to 3 years and the prohibition of the right to fish for a period of between one year and 3 years: a) electric fishing, the possession of appliances and devices that destroy living aquatic resources by currents, electrocution, fishing with explosive materials, fishing with toxic and narcotic substances of any kind, as well as the use of firearms, for the purpose of killing fish or other aquatic creatures; b) the deliberate fishing or killing of marine mammals. (2) The attempt is punishable. " 3. Article 68 ^ 1 shall be repealed. + Article 209 Article 30 of Government Emergency Ordinance no. 24/2008 on access to its own file and the disclosure of Security, published in the Official Gazette of Romania, Part I, no. 182 of 10 March 2008, approved with amendments and additions by Law no. 293/2008 , is amended and will read as follows: "" Art. 30. -(1) Failure to comply with the provisions of this emergency ordinance shall entail criminal, civil, administrative or disciplinary liability, as appropriate. (2) The release of documents from files or copies of such documents or the provision of information from the files by the staff of the National Council for the Study of Security Archives, with non-compliance with the duties, shall constitute offence and is punishable by imprisonment from 6 months to 3 years or a fine. (3) If the act provided in par. (2) is committed by a member of the College of the National Council for the Study of Security Archives, the sentence is imprisonment from 6 months to 5 years or fine. (4) Failure to comply with art. 28 28 para. ((3) constitutes a crime and is punishable by a fine, if the act does not constitute a more serious crime. " + Article 210 Article 7 (1) of Article 7 Government Emergency Ordinance no. 67/2008 on the organization and functioning of the Information System for the Agricultural and Food Products Market, published in the Official Gazette of Romania, Part I, no. 414 of 3 June 2008, approved with amendments by Law no. 24/2009 , is amended and will read as follows: "" Art. 7. -(1) The refusal to declare by the reporting units the data and information provided by this emergency ordinance, the refusal to present to the authorized persons of the Ministry of Agriculture, Forestry and Rural Development the documents and records necessary for the verification of the reality of the data and market information, failure to declare within the established deadlines and in the requested form of the data and information covered by SIPPAA constitute contravention and shall be sanctions with a fine of 10,000 lei to 50,000 lei. " + Article 211 Government Emergency Ordinance no. 78/2008 on the establishment of the competence of the supervision of the execution of the minor's obligation to perform unpaid activity in an institution of public interest, provided for in art. 103 103 para. 3 lit. c) of the Criminal Code, published in the Official Gazette of Romania, Part I, no. 465 of 23 June 2008, approved with amendments by Law no. 75/2009 ,, is repealed. + Article 212 Paragraph 2 of Article 36 of the Government Emergency Ordinance no. 90/2008 on the statutory audit of annual financial statements and consolidated annual financial statements, published by the Official Gazette of Romania, Part I, no. 481 of 30 June 2008, approved with amendments by Law no. 278/2008 , with subsequent amendments and completions, shall be amended and shall read as follows: " (2) If the statutory auditor is convicted by a final judgment for criminal acts related to the exercise of statutory audit work or the complementary punishment of the prohibition to carry out such an activity is applied, or take the safety measure of the exercise of this activity, a copy of the Chamber's court decision will be communicated, in order to operate its deregistration from the Public Registry. To this end, the Chamber shall pursue the stage of the conduct of criminal proceedings against statutory auditors. " + Article 213 Article 6 (2) of the Government Emergency Ordinance no. 92/2008 on the status of the public official called public manager, published in the Official Gazette of Romania, Part I, no. 484 of 30 June 2008, approved with amendments and additions by Law no. 135/2009 , as amended, letter h) is amended and shall read as follows: " h) have not been convicted of committing an intentional offence; '. + Article 214 Article 14 of Government Emergency Ordinance no. 144/2008 on the exercise of the profession of general medical assistant, of the profession of midwife and of the profession of nurse, as well as the organization and functioning of the Order of General Nurses, Midwives and Nurses of Romania, published in the Official Gazette of Romania, Part I, no. 785 of 24 November 2008, is amended and will read as follows: "" Art. 14. -He is unworthy and cannot exercise the profession of general medical assistant, midwife and nurse, respectively: a) the general medical assistant, midwife and, respectively, the nurse who have been definitively convicted of committing a crime related to the exercise of the profession; b) the general medical assistant, midwife and the medical assistant to whom the prohibition of the exercise of the profession was applied. " + Article 215 Paragraph 1 of Article 18 of the Government Emergency Ordinance no. 202/2008 on the implementation of international sanctions, published in the Official Gazette of Romania, Part I, no. 825 of 8 December 2008, approved with amendments by Law no. 217/2009 , with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 18. -(1) Natural and legal persons who have the obligation to report suspicious transactions according to the legislation in the field of money laundering and/or terrorist financing shall apply the customer knowledge measures, in order to determine whether it includes designated persons or entities or if the operations carried out with it involve goods within the meaning of this emergency ordinance. " + Article 216 Paragraph 1 of Article 20 of the Government Ordinance no. 28/2008 on the agricultural register, published in the Official Gazette of Romania, Part I, no. 628 of 29 August 2008, approved with amendments and additions by Law no. 98/2009 , is amended and will read as follows: "" Art. 20. -(1) It constitutes a contravention and is sanctioned with a fine of 100 lei to 500 lei, in the case of individuals, respectively with a fine of 300 lei to 1,500 lei, in the case of legal entities: a) refusal to present to the mayor, prefect or persons authorized by them the necessary documents and records in order to verify the reality of the data; b) failure to declare, within the deadlines set and in the requested form, the data subject to the agricultural register; c) failure to perform by the staff in the specialized apparatus of the mayor with attributions in the field of obligations arising from this ordinance. " + Article 217 Law no. 93/2009 on non-banking financial institutions, published in the Official Gazette of Romania, Part I, no. 259 of 21 April 2009, as amended and supplemented, shall be amended as follows: 1. In Article 16, letter c) shall read as follows: " c) persons who, according to the law, are incapable or who have been convicted of crimes against heritage by disregarding trust, corruption offences, embezzlement, crimes of forgery in documents, tax evasion, crimes provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished, as well as for the crimes provided by this law. " 2. Article 61 shall read as follows: "" Art. 61. -(1) The conduct, without right, on a professional basis, of the lending activities provided in art. 14 14 para. (1) constitutes the crime of usury and is punishable according to the Criminal Code. (2) Violation of art. 2 2 para. ((3) constitutes a crime and is punishable by imprisonment from one month to one year or fine. " 3. Article 62 shall read as follows: "" Art. 62. -The use of a name specific to a non-banking financial institution, in violation of the 7 7 para. ((2), constitutes a crime and is punishable by a fine. " 4. Article 63 shall read as follows: "" Art. 63. -Preventing without right the exercise, according to the present law, the monitoring and supervision powers of the National Bank of Romania is a criminal offence and is punishable by imprisonment from one month to one year or with a fine. " + Article 218 Article 5 of Government Emergency Ordinance no. 28/2009 on the regulation of certain social protection measures, published in the Official Gazette of Romania, Part I, no. 186 of 25 March 2009, approved with amendments by Law no. 268/2009 ,, is repealed. + Article 219 Government Emergency Ordinance no. 77/2009 on the organization and operation of gambling, published in the Official Gazette of Romania, Part I, no. 439 of 26 June 2009, approved with amendments and additions by Law no. 246/2010 , as amended and supplemented, shall be amended as follows: 1. Article 23 shall read as follows: "" Art. 23. -(1) The unlicensed conduct or authorization of any of the activities in the field of gambling is a criminal offence and shall be punished with imprisonment from one month to one year or a fine. (2) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine the following facts: a) the organization of gambling through radio networks or through other means of assimilated transmission; b) the organization of bets based on the results of clandestine contests organized under conditions other than those provided by the legal norms in force; c) the organization of clandestine games whose results can be influenced by the dexterity of the game means handler for the purpose of obtaining income; d) the organization of bingo games, based on the same authorization of gambling exploitation, in more than one location; e) the organization of games-contest with winnings of any kind through telephone lines or other telecommunication systems, television or radio, through which it is conditioned to obtain material advantages as a result of the answers formulated to questions of general culture, intelligence or insight and which involve a participation fee. (3) The meaning of the notions of clandestine contests and clandestine games will be the one provided for in the methodological norms for the application of this emergency ordinance. " 2. Article 24 shall be repealed. + Article 220 Government Emergency Ordinance no. 113/2009 on payment services, published in the Official Gazette of Romania, Part I, no. 685 of 12 October 2009, approved with amendments by Law no. 197/2010 , as amended and supplemented, shall be amended as follows: 1. Article 183 shall read as follows: "" Art. 183. -The provision without right with professional title of the payment services provided for in art. 8 constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine. " 2. Article 184 shall read as follows: "" Art. 184. -Preventing without right of exercising according to the present law of supervisory powers of the National Bank of Romania constitutes a crime and is punishable by imprisonment from one month to one year or with a fine. " + Article 221 Article 4 (1) of the Law no. 88/2010 * *) on the approval of financial measures for small and medium-sized enterprises in the beer industry, published in the Official Gazette of Romania, Part I, no. 351 of 27 May 2010, letter e) will read as follows: Note
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Law no. 88/2010 was republished in the OFFICIAL GAZETTE no. 121 121 of 18 February 2014.
---------- " e) the commission by the administrators of small and medium-sized enterprises in the beer industry of any crime with regard to the tax regime, on which the competent courts have ruled by final court decision, regardless of the date of delivery; '. + Article 222 Article 143 of Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 852 of 20 December 2010, as amended and supplemented, shall be repealed. + Article 223 Paragraph 4 of Article 26 of the Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, published in the Official Gazette of Romania, Part I, no. 830 of 10 December 2010, approved with amendments by Law no. 132/2011 , as amended and supplemented, shall be repealed. + Article 224 National Education Law no. 1/2011 , published in the Official Gazette of Romania, Part I, no. 18 of 10 January 2011, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 112, paragraph 6 is amended and shall read as follows: " (6) The change of the destination of the material base of state pre-university educational institutions and units can be made by the local public administration authorities only with the assent of the Minister of National Education. The procedure of drawing up the opinion according to the conditions necessary for granting it shall be approved by order of the Minister ---------- Alin. ((6) art. 112 of the National Education Law no. 1/2011 has been amended by section 33 33 of art. I of EMERGENCY ORDINANCE no. 49 of 26 June 2014, published in the OFFICIAL GAZETTE no. 486 486 of 30 June 2014. 2. In Article 112, after paragraph 6, two new paragraphs are inserted, paragraphs 7 and 8, with the following contents: " (7) Violation of the provisions of paragraph (6) constitutes a crime and is punishable by imprisonment from 6 months to 5 years or with fines. *) ((8) The acts of change of the destination of the material base carried out in violation of the provisions ((6) are null and void. " 3. In Article 120, paragraph 2 shall be amended and shall read as follows: " (2) The diplomas corresponding to the degree programmes are official documents and can only be issued by accredited institutions, for the programs and forms of accredited or provisionally authorized studies. In the latter case, within the institution issuing the diploma there must be another specialization accredited in a related field with authorized specialization. " 4. Article 201 (3) shall be repealed. + Article 225 Article 34 of Government Emergency Ordinance no. 119/2010 on the regime of control of operations with dual-use products, published in the Official Gazette of Romania, Part I, no. 892 of 30 December 2010, approved with amendments by Law no. 197/2011 , as amended, amend and read as follows: "" Art. 34. -Export, re-export, other commercial operations of permanent or suspension customs transfer outside the customs territory of Romania and international transit through the customs territory of Romania of dual-use products and technologies, such as and intermediation operations with these products, carried out without a license, constitute a crime and are punishable by imprisonment from one year to 5 years. " + Article 226 Article 3 (1) of Article 3 Government Emergency Ordinance no. 122/2010 on the establishment of penalties applicable to infringements of Regulation (EC) No 1.272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 1999 /45/EC ,, as well as modification of Regulation (EC) No 1.907/2006 , published in the Official Gazette of Romania, Part I, no. 892 892 of 30 December 2010, approved by Law no. 195/2011 , is amended and will read as follows: "" Art. 3. -(1) The conduct of tests on humans, within the meaning of art. 7 7 para. (3) of the CLP Regulation, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. " + Article 227 Paragraph 3 of Article 10 of the Law no. 141/2010 * *) on the establishment, organization and functioning of the National Information System of Signals and Romania's participation in the Schengen Information System, published in the Official Gazette of Romania, Part I, no. 498 of 19 July 2010, is amended and shall read as follows: Note
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Law no. 141/2010 was republished in the OFFICIAL GAZETTE no. 240 240 of 3 April 2014.
---------- " (3) Signals regarding missing persons who, after localization, must be brought into institutions or health facilities shall be introduced in the SINS by the competent national authorities, upon referral to the institutions or health facilities, on the basis of documents issued by them, ordering non-volatile admission, in the case of persons with mental disorders, or compulsory admission, in the case of persons suffering from communicable diseases, or on the basis of the judgment of the court by that medical admission was ordered, if, following the checks, it is found that the referral concerning the disappearance of that person is founded. ' + Article 228 Article 31 of Law no. 176/2010 on the integrity in the exercise of public functions and dignities, amending and supplementing Law no. 144/2007 on the establishment, organization and functioning of the National Integrity Agency, as well as for the modification and completion of other normative acts, published in the Official Gazette of Romania, Part I, no. 621 of 2 September 2010, shall be repealed. + Article 229 Paragraphs 1 and 2 of Article 218 of the Social dialogue law no. 62/2011 , republished in the Official Gazette of Romania, Part I, no. 625 of 31 August 2012, is amended and shall read as follows: "" Art. 218. -(1) It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or by fine the act of the person who, through threats or violence, prevents or obliges an employee or group of employees to participate in the strike or to work in Strike time. (2) Condition or coercion, in any way, aimed at limiting the exercise of the duties of the elected members in the governing bodies of trade union organizations 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. " + Article 230 Law no. 101/2011 * *) for the prevention and sanctioning of acts on environmental degradation, published in the Official Gazette of Romania, Part I, no. 449 of 28 June 2011, is amended as follows: Note
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Law no. 101/2011 was republished in the OFFICIAL GAZETTE no. 223 223 of 28 March 2014.
---------- 1. Article 4 shall read as follows: "" Art. 4. -Export or import of waste in violation of legal provisions in the field, if this activity falls within the scope of art. 2 2 section 35 35 of Commission Implementing Regulation (EU) No 1.013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, published in the Official Journal of the European Union, L series, no. 190 of 12 July 2006, regardless of whether the transport is carried out by one or more operations, shall be punishable by imprisonment from 2 to 7 years. ' 2 articles 9, 11 and 12 shall be repealed. + Article 231 Article 32 of Government Emergency Ordinance no. 70/2011 on social protection measures during the cold season, published in the Official Gazette of Romania, Part I, no. 629 of 2 September 2011, shall be repealed. + Article 232 Law no. 194/2011 * *) on combating operations with products likely to have psychoactive effects, other than those provided by normative acts in force, published in the Official Gazette of Romania, Part I, no. 796 of 10 November 2011, is amended as follows: Note
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Law no. 194/2011 was republished in the OFFICIAL GAZETTE no. 140 140 of 26 February 2014.
---------- 1. Article 16 shall read as follows: "" Art. 16. -(1) The right of the person who, without having authorization issued under the conditions of this law, performs, without right, operations with products knowing that they are likely to have psychoactive effects constitutes a crime and is punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. ((2) The right of the person who, without having authorization issued under the conditions of this law, performs, without right, operations with products about which he was supposed to or could provide that they are likely to have psychoactive effects is punishable by imprisonment from 3 months to 2 years or with a fine. " 2. Article 17 shall read as follows: "" Art. 17. -The act of the person who, with intent, performs without right operations with products likely to have psychoactive effects, claiming or concealing that they are products authorized according to the law or whose marketing is allowed by law, constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of some rights, if the act does not constitute a more serious crime. " 3. Article 18 shall be repealed. 4. Article 19 shall read as follows: "" Art. 19. -Preventing, without right, in any form, the personnel with control powers within the competent authorities to enter, under the conditions provided by law, during the normal working hours, in premises and premises for the purpose of carrying out control constitutes contravention and is sanctioned with a fine of 2,000 lei to 5,000 lei. " 5. Article 20 shall read as follows: "" Art. 20. -Advertising made to any products credibly claiming that by consumption they produce psychoactive effects constitutes a crime and is punishable by imprisonment from one month to one year or with a fine. " + Article 233 Article 63 of Law no. 211/2011 * *) on the waste regime, published in the Official Gazette of Romania, Part I, no. 837 of 25 November 2011, is amended and will read as follows: Note
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Law no. 211/2011 was republished in the OFFICIAL GAZETTE no. 220 220 of 28 March 2014.
---------- "" Art. 63. -(1) It constitutes crimes and is punishable by imprisonment from 6 months to 5 years or with a fine the following facts: a) import of appliances, installations, equipment, machinery, substances and products used and used, from the category of waste prohibited to import; b) failure to take or non-compliance with mandatory measures in carrying out the activities of collection, treatment, transport, recovery and disposal of hazardous waste; c) the marketing, abandonment and/or non-insurance of the waste load during and during the transit of the territory of Romania; d) refusal to return to the country of origin of the waste introduced into the country for purposes other than that of disposal and for which the measure of return by the competent authority has been ordered; e) the introduction into the country of waste for the purpose of disposal and/or their non-use for the purpose for which they were introduced f) the acceptance by the warehouse operators/incinerators, for the purpose of disposal, of the illegally introduced waste into the country and/or of the waste introduced into the country for purposes other than that of the disposal and which could not be used for the purpose for which have been introduced. (2) The attempt is punishable. " + Article 234 Law no. 214/2011 * *) for the organization, administration and exploitation of meadows, published in the Official Gazette of Romania, Part I, no. 819 of 21 November 2011, shall be amended and supplemented as follows: Note
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Law no. 214/2011 has been repealed by art. 19 of EMERGENCY ORDINANCE no. 34 of 23 April 2013, published in the OFFICIAL GAZETTE no. 267 267 of 13 May 2013.
---------- 1. Article 28 is amended and shall read as follows: "" Art. 28. -The exploitation of wood on forested meadows without obtaining transformation studies is a crime and is punishable by imprisonment from 3 months to 3 years or with a fine. " 2. In Article 29 (1), after letter g) a new letter, letter h) is inserted, with the following contents: "h) changing the destination of the meadow area into other categories of use without the legal approvals in force." 3. In Article 29 (2), after letter c) a new letter, letter d) is inserted, with the following contents: " d) with a fine of 1,000 lei to 3,000 lei, the act provided in lett. h). " + Article 235 Art. 5 shall also apply accordingly to the penalties imposed by judgments that have remained final before the entry into force of this law, for acts criminalized by the normative acts provided for in this title. + Title III Provisions relating to the Criminal Code + Chapter I Interpretative provisions + Article 236 The provisions of the general part of the Criminal Code, as well as the general provisions of the present law also apply to the facts sanctioned by special laws, unless the law has otherwise. + Article 237 In application of art. 11 of the Criminal Code, the condition of voluntary finding on the territory of Romania is interpreted in the sense of voluntary finding on this territory at the time of the disposition by the judicial bodies of a custodial or restrictive measure of freedom in consideration the offence which entails the universality principle. + Article 238 In application of art. 35 35 para. ((1) of the Criminal Code, the condition of the passive subject unit shall be deemed fulfilled when: a) the goods that are the object of the crime are in the co-ownership of several b) the offence has affected some different secondary passive subjects, but the main passive subject is unique. + Article 239 The term conviction used in art. 80 80 para. ((2) lit. a) of the Criminal Code also refers to the decisions by which, compared to the defendant, an educational measure was taken, during the minority, unless at least 2 years have passed since the date of execution or consideration as executed of this measure. + Article 240 In application of art. 135 of the Criminal Code, through public authorities it is understood the authorities expressly provided in Title III, as well as art. 140 and 142 of the Romanian Constitution, republished. + Article 241 Psychoactive substances mean the substances established by law, at the proposal of the Ministry of Health. + Article 242 In application of art. 189 189 para. ((1) lit. e) of the Criminal Code, through the crime of murder committed previously it is understood any act of killing a person, committed with the intention provided in art. 16 16 para. (3) of the Criminal Code, except for the crimes provided in art. 190 and 200 of the Criminal Code. + Article 243 Art. 293 of the Criminal Code applies regardless of whether the members of the arbitration courts are Romanian or foreign. + Article 244 Art. 302 of the Criminal Code applies regardless of whether the facts were committed within or outside of service relations. + Chapter II Provisions amending and supplementing certain provisions of the Criminal Code + Article 245 Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 510 of 24 July 2009, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 9, paragraph 3 shall be amended and shall read as follows: " (3) The placing in the movement of criminal action is made with the prior authorization of the prosecutor general of the prosecutor's office of the court of appeal in whose territorial area the prosecutor's office is first notified or, as the case may be, of the Prosecutor General of the the prosecutor's office of the High Court of Cassation and Justice. The term in which the prosecutor may issue the authorization shall be up to 30 days from the date of application of the authorization and may be extended, under the law, without the total duration exceeding 180 days. " 2. Article 61 (3) shall be amended and shall read as follows: " (3) The court determines the number of days-fine according to the general criteria for individualizing the sentence. The amount of the amount corresponding to a day-fine shall be determined taking into account the material situation of the convict and the legal obligations of the convict to persons in his or her maintenance. " 3. Article 64 (5), letter b) shall be amended and shall read as follows: " b) the convicted person commits a new offence discovered before the full execution of the community service obligation. The days-fine not executed by community service at the date of the final conviction for the new offence, replaced by imprisonment, shall be added to the sentence for the new offence. " 4. In Article 65, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 65. -(1) The accessory punishment consists in prohibiting the exercise of the rights provided in art. 66 66 para. ((1) lit. a), b) and d)-o), the exercise of which was prohibited by the court as a complementary punishment. (2) In the case of detention for life, the accessory punishment consists in the prohibition by the court of the exercise of the rights provided in art. 66 66 para. ((1) lit. a) or some of them. ....................................................................... (4) In the case of detention for life, the accessory punishment having the content provided in art. 66 66 para. ((1) lit. c) is executed on the date of conditional release or after the punishment has been considered as executed. " 5. In Article 75 (1), after letter c) a new letter, letter d) is inserted, with the following contents: " d) full coverage of the material damage caused by offence, in the course of prosecution or judgment, until the first trial term, if the perpetrator no longer benefited from this circumstance within a period of 5 years previously committing the act. The mitigating circumstance does not apply to the following crimes: against the person, of qualified theft, robbery, piracy, fraud committed by computer systems and means of electronic payment, outrage, judicial outrage, abusive conduct, crimes against public safety, public health offences, crimes against religious freedom and respect due to deceased persons, against national security, against the fighting capacity of the armed forces, crimes of genocide, against humanity and war, of crimes concerning state border of Romania, of crimes under the legislation on preventing and combating terrorism, corruption offences, crimes assimilated to corruption crimes, those against the financial interests of the European Union, of offences relating to non-compliance with the regime of explosive materials, nuclear materials or other radioactive materials, on the legal regime of drugs, on the legal regime of drug precursors, those concerning washing money, on civil aviation activities and those that may endanger flight safety and aviation security, on the protection of witnesses, on the prohibition of fascist, racist or xenophobic organizations and symbols and the promotion of the cult of persons guilty of committing crimes against peace and humankind, those concerning the trafficking of organs, tissues or cells of human origin, on the prevention and control of pornography and those of the adoption regime. " 6. Article 80 (2), point d) shall be amended and shall read as follows: "d) the punishment provided for by the law for the offence committed shall be imprisonment of more than 5 years." 7. Article 82 is amended and shall read as follows: "" Art. 82 Cancellation and effects of the waiver of punishment (1) The person against whom the application of the sentence was ordered is not subject to any decay, prohibitions or incapacities that could arise from the crime committed. (2) The waiver of the application of the sentence does not take effect on the execution of the safety measures and civil obligations provided for in the (3) If within 2 years of the final stay of the decision ordering the application of the sentence, it is discovered that the person to whom this measure was taken had previously committed the final stay of the judgment another crime, for which a sentence has been set even after the expiry of that period, the waiver of the application of the sentence shall be annulled and the penalty for the offence which initially drew up the application of the sentence shall be established, and shall then apply, provisions relating to the contest of offences, relapse or intermediate plurality. ' 8. Article 83 (4) shall be amended and shall read as follows: " (4) It is mandatory to present the reasons that led to the postponement of the punishment and the warning of the offender on his future conduct and the consequences to which he is exposed if he commits further crimes or fails to comply with the supervision or will not execute its obligations during the term of supervision. " 9. In Article 85, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) To establish the obligation provided in par. ((2) lit. b), the court will consult the information provided periodically by the probation service on the concrete possibilities of execution existing at the level of the probation service and at the level of the institutions in the community. (4) When determining the obligation provided in par. ((2) lit. e)-g), the court shall, in particular, determine the content of that obligation, taking into account the circumstances of the case. ' 10. In Article 93, paragraph 4 shall be amended and shall read as follows: " (4) In order to establish the content of the obligation provided (3), the court will consult the information provided periodically by the probation service on the concrete possibilities of execution existing at the level of the probation service and at the level of the institutions in the community. " 11. In Article 98, paragraph 1 shall be amended and shall read as follows: "" Art. 98. -(1) If the convict did not commit a new offence discovered until the expiry of the term of supervision, it was not ordered to revoke the suspension of the execution of the sentence under supervision and no cause of cancellation was discovered, the punishment was consider the execution. " 12. In Article 101, paragraph 4 is amended and shall read as follows: " (4) When determining the obligation provided in par. ((2) lit. d)-f), the court shall, in particular, determine the content of this obligation, taking into account the circumstances of the case. " 13. Article 101 (6) shall be repealed. 14. Article 106 is amended and shall read as follows: "" Art. 106 Effects of conditional release If the convict has not committed a new crime discovered until the expiry of the term of supervision, no revocation of conditional release has been ordered and a cause of cancellation has not been discovered, the punishment shall be deemed to be executed. " 15. In Article 116, paragraph 2 shall be amended and shall read as follows: " (2) The assessment reference on compliance with the conditions for the execution of the educational measure or the obligations imposed shall be drawn up by the probation service in all cases in which the court has on the educational measure or on the modification or termination of the performance of the obligations imposed, except for the situation provided in 126 126, when it will be drawn up by the educational or detention center. " 16. Article 139 (3) shall be repealed. 17. In Article 144, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 144. -(1) The complementary punishment of placement under judicial supervision involves the conduct under the supervision of a judicial trustee of the activity who occasioned the commission of the crime, for a period of one year to 3 years. (2) The judicial trustee has the obligation to refer the matter to the court when he finds that the legal person has not taken the necessary measures to prevent the commission of new crimes. If the court finds that the complaint is founded, it orders the replacement of this sentence with the punishment provided for in art. 140 140. " 18. Article 155 (4) shall be amended and shall read as follows: " (4) The terms provided for in art. 154, if they were overcome with once again, will be counted fulfilled as many interruptions would intervene. " 19. In Article 175 (1), letter c) shall be amended and shall read as follows: "c) exercise, alone or together with other persons, within the framework of an autonomous rule, of another economic operator or of a legal person with full or majority state capital, duties related to the achievement of its object of activity." 20. In Article 182, letter e) is amended and shall read as follows: " e) the collection of organs, tissues or cells of human origin unlawfully. '; 21. Article 210 shall be amended and shall read as follows: "" Art. 210 Human trafficking (1) Recruitment, transport, transfer, shelter or reception of a person for the purpose of its exploitation, committed: a) by coercion, abduction, misleading or abuse of authority; b) taking advantage of the impossibility to defend himself or to express his will or the state of manifest vulnerability of that person; c) by offering, giving, accepting or receiving money or other benefits in exchange for the consent of the person who has authority over that person, shall be punished with imprisonment from 3 to 10 years and prohibition of the exercise of some rights. (2) The trafficking of persons committed by a public official in the performance of his duties shall be punishable by imprisonment from 5 to 12 years. (3) The consent of the victim of trafficking does not constitute the justifiable cause. " 22. In Article 211, paragraph 2 shall be amended and shall read as follows: " (2) If the act was committed under the conditions of art. 210 210 para. ((1) or by a public official in the performance of his duties, the sentence shall be imprisonment from 5 to 12 years and the prohibition of the exercise of certain rights. " 23. Article 231 is amended and shall read as follows: "" Art. 231 Prior complaint and reconciliation ((1) The facts provided for in this chapter, committed between family members by a minor in the paguba of the guardian or by the person living together with the injured person or being hosted by him, shall be punished only upon the prior complaint of the the injured person. (2) In case of the facts provided in art. 228 228, art. 229 229 para. ((1), para. ((2) lit. b) and c) and art. 230, the reconciliation removes criminal liability. " 24. Article 234 (2) shall be amended and shall read as follows: " (2) The Talharia committed under the conditions of art. 229 229 para. (3) is punishable by imprisonment from 5 to 12 years and the prohibition of some rights. " 25. In Article 289, paragraph 1 is amended and shall read as follows: "" Art. 289. --(1) The right of the public official who, directly or indirectly, for himself or for another, claims or receives money or other benefits that are not due to him or accepts the promise of such benefits, in connection with the performance, failure, expediting or delaying the performance of an act entering into its duties or in connection with the performance of an act contrary to such duties, shall be punishable by imprisonment from 3 to 10 years and prohibition of the exercise of the right to occupy a public office or to exercise the profession or activity in the execution of which he committed the act. " 26. In Article 292, paragraph 1 is amended and shall read as follows: "" Art. 292. -(1) The promise, offering or giving money or other benefits, for itself or for another, directly or indirectly, to a person who has influence or leave to believe that he has influence over a public official, to determine him to meet, fail to meet, expedite or delay the performance of an act that enters into its duties of service or perform an act contrary to these duties, shall be punished with imprisonment from 2 to 7 years and prohibition the exercise of rights. " 27. In Article 294, letter c) is amended and shall read as follows: " c) to officials or persons operating on the basis of a contract of employment or to other persons exercising similar duties within the European Union; '. 28. In Article 294, after letter f) a new letter, letter g) is inserted, with the following contents: "g) to jurors in foreign courts." 29. In Article 302, paragraph 6 shall be amended and shall read as follows: "(6) The possession or manufacture, without right, of specific means of interception or recording of communications shall be punishable by imprisonment from 3 months to 2 years or with a fine." 30. In Article 302, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) For the facts provided in par. ((1), the criminal action shall be set in motion on the prior complaint of the injured person. " 31. In Article 308, paragraph 1 shall be amended and shall read as follows: "" Art. 308. -(1) Provisions art. 289-292, 295, 297-301 and 304 concerning civil servants shall apply accordingly and to acts committed by or in connection with persons who exercise, permanently or temporarily, with or without remuneration, a charge of any nature in the the service of a natural person among those provided in art. 175 175 para. ((2) or within any legal person. " 32. In Article 342, after paragraph 5, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: " (6) The non-submission of the weapon and ammunition to an authorized armour within 10 days from the expiry of the period of validity of the gun permit constitutes a crime and is punishable by imprisonment from 6 months to 3 years. (7) Manufacture or assembly of lethal weapons, parts or ammunition therefor: a) of any essential components illicit trafficked; b) without authorization issued by a competent authority of the Member State in which the manufacture or assembly takes place; c) without marking the lethal weapons assembled at the time of their production, in accordance with the legal provisions, is punishable by imprisonment from 2 to 7 years. " 33. Article 344 is amended and shall read as follows: "" Art. 344 Tampering or modification. Deletion or modification of markings on lethal weapons Falsification or erasure, removal or modification, without right, of markings on lethal weapons shall be punishable by imprisonment from one year to 3 years or with a fine. " 34. Article 345 is amended and shall read as follows: "" Art. 345 Non-compliance with the nuclear materials or other radioactive materials ((1) Receiving, possession, use, disposal, modification, disposal, dispersion, exposure, production, processing, handling, intermediate storage, import, export or final storage, transport or diversion of nuclear materials or other radioactive materials, as well as any operation on their movement, without right, shall be punished with imprisonment from 3 to 10 years and the prohibition of the exercise of certain rights. ((2) The sufstragation of nuclear materials or other radioactive materials is punishable by imprisonment from 5 to 12 years and the prohibition of the exercise of some rights. (3) If the facts provided in par. (1) and (2) endangered other persons or property, caused the bodily injury of one or more persons, the sentence is imprisonment from 7 to 15 years and the prohibition of the exercise of some rights. (4) If the facts provided in par. (1) and (2) had as a result the death of one or more persons, the sentence is imprisonment from 10 to 20 years and the prohibition of the exercise of some rights. (5) If the facts provided in par. ((1), (3) and (4) were committed at fault, the special limits of the sentence shall be reduced by half. " 35. In Article 391, paragraph 2 is amended and shall read as follows: "(2) With the same punishment, the registration in the copy of the permanent electoral list or on the complementary electoral list of persons who do not appear in this list shall be sanctioned." 36. in Article 407, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The division, without right, of documents or data that constitute state secret information, by the one who becomes aware of them outside the duty of service, shall be punished with imprisonment from one year to 5 years." 37. In Article 416, paragraph 3 shall be amended and shall read as follows: " (3) The facts provided in par. (1) and (2) committed during the curfew or state of emergency shall be punished with imprisonment from 2 to 7 years, and if they were committed in time of war, they shall be punished with imprisonment from 3 to 10 years. " 38. Article 430 is amended and shall read as follows: "" Art. 430. --Provisions art. 424-426, 428 and 429 shall also apply in the case of military aircraft. ' 39. In Article 443 (1), after letter g) a new letter, letter h) is inserted, with the following contents: " h) use cultural goods protected as such by international humanitarian law, in particular historical monuments, buildings devoted to religious worship, education, art or science, for the onset of an attack by military means against Enemy side. " + Title IV Transitional and final provisions + Article 246 Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 510 of 24 July 2009, as amended and supplemented, shall enter into force on 1 February 2014. + Article 247 Except for this Article, Art. 121 121 section 8 8 and art. 249, which takes effect 3 days from the date of publication in the Official Gazette of Romania, Part I, this law shall enter into force on February 1, 2014. + Article 248 Normative acts provided for in Title II "Provisions regarding the modification and completion of some normative acts that include criminal provisions", except for those provided in art. 27-29, 49, 59, 98 and 211, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article 249 (1) Within 6 months from the date of publication of the present law in the Official Gazette of Romania, Part I, the Government shall submit to the Parliament for adoption: a) the draft law on the organization and functioning of the probation system; b) the draft law on the execution of penalties, educational measures and other measures ordered by judicial bodies during the criminal, non-custodial process; c) the draft law on the execution of sentences and custodial measures ordered by judicial bodies during the criminal proceedings. (2) Within 6 months from the date of publication of the present law in the Official Gazette of Romania, Part I, the Government shall submit to the Parliament for adoption: a) the draft law provided for in art. 121 121 section 8 8; b) the draft law on psychoactive substances, under the conditions provided in art. 241. (3) The normative acts provided in par. ((1) and (2) shall enter into force on 1 February 2014. + Article 250 The date of entry into force of this Law shall be repealed Law no. 15/1968 on the Criminal Code, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, with subsequent amendments and completions. 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.
PRESIDENT
CHAMBER OF DEPUTIES
VALERIU STEFAN ZGONEA
SENATE PRESIDENT
GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, October 24, 2012. No. 187. + Annex ((Annex to Law no. 76/2008 ) The offences for which biological samples may be taken, in order to introduce genetic profiles in S.N.D.G.J. 1. Murder of murder 2. Determination or facilitation of suicide 3. The crime of culpable homicide 4. Killing at the victim's request 5. Body injury offence 6 6. Offences of loviri or death-causing injury 7. Infraction of personal injury at fault 8. Rele treatments applied to the minor 9. Scramble 10 10. The killing or injury of the newborn perpetrated by the mother 11. Vatamate the fetus 12. The crime of deprivation of liberty unlawfully 13. Slavery crime 14. Human trafficking 15. Traffic of minors 16. Pimping 17. Rape offence 18. Sexual Aggression 19. Sexual intercourse with a minor 20. Sexual perversion infraction 21. Sexual Corruption Offences 22. Offences of robbery and piracy 23. Ulmisdemeanor 24. Judicial assault 25. Revenge for the help of justice 26. Submission to ill-treatment 27. The torture of torture 28 28. Infraction of non-compliance with the regime of nuclear materials or other radioactive materials 29. Infraction of non-compliance with the explosive materials regime 30. The crime of ill-treatment of the minor 31. Atentation that endangers national security 32. Atentation that endangers the safety of a community 33 33. Crimes of Genocide against Humanity and War 34 34. Infractions to the regime of weapons and ammunition 35 35. The terrorism acts provided for by Law no. 535/2004 on preventing and combating terrorism 36. The offences provided for in art. 2 2, 3, 10 and 12 of Law no. 143/2000 on the fight against illicit drug trafficking and use, as amended and supplemented 37. The offence provided for in art. 22 22 para. (3) of Government Emergency Ordinance no. 121/2006 on the legal regime of drug precursors, approved with amendments by Law no. 186/2007 ------