noul cod penal en

8/9/2019 Noul Cod Penal En

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LAW #286 of 17 July 2009

of the Criminal Code

Text shall be in force as of 12 November 2012*)

*) This is the date of release of the latest amending act. Under Art. 246 in a!

"1#$%2012& the date !hen a! "2#6%200' enters into force is 1 (ebrar 2014.

This text !as +dated on the basis of the amending acts that !ere +blished in the

,fficial -ornal of omania& /art & ntil 12 November 2012.

Main Text

#B: a! "2#6%200'

Amending Acts

#M1: a! "2$%2012

#M2: a! "6%2012

#M3: a! "1#$%2012

The amendments and s++lements broght b the reglator acts mentioned above are

!ritten in italics. ach amendment or s++lement carries an indication before it that

defines the reglator act that broght that amendment or s++lement& in the format

#M1 & #M2 & etc.


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#B

C!"!"$

of the La% #286&2009 of the Criminal Code

'!(AL )A("

Title I – Criminal la% and it* a++li,a-ility Art. 1 . 1/Chapter I – General Principles Art. 1 . 2Chapter II – Applicability of Criminal Law Art. 3 . 1/

Section 1 – Applicability of Criminal Law in time Art. 3 . 7

Section 2 Applicability of Criminal Law in space Art. 8 . 1/

Title II – ffen*e Art. 1 . 2

Chapter I – General stip!lations Art. 1 . 17Chapter II – "!stifyin# ca!ses Art. 18 . 22Chapter III – Ca!ses of nonimp!tability Art. 23 . 31

Chapter I$ – Attempt Art. 32 . 3/Chapter $ – %nity an& pl!rality of offen&in# Art. 3 . /Chapter $I – A!thor an& Participants Art. /6 . 2

Title III – )enalty Art. 3 . 106Chapter I – Cate#ories of penalties Art. 3 . Chapter II – 'ain penalties Art. 6 . 6/

Section 1 – Life imprisonment Art. 6 . 9Section 2 – Prison sentences Art. 60Section ( – )ines Art. 61 . 6/

Chapter III – A&&itional an& ancillary penalties Art. 6 . 70Section 1 – A&&itional penalty Art. 6Section 2 – Ancillary penalties Art. 66 . 70

Chapter I$ – Calc!lation of the len#th of penalties Art. 71 . 73Chapter $ – C!stomi*ation of sentencin# Art. 7/ . 106

Section 1 – General stip!lations Art. 7/Section 2 – 'iti#atin# an& a##ra+atin# circ!mstances Art. 7 . 79Section ( – ,ai+er of sentence enforcement Art. 80 . 82Section - – Postponement of penalty enforcement Art. 83 . 90Section – S!spension of ser+ice of a sentence !n&er s!per+ision Art. 91 . 98

Section / – Con&itional release Art. 99 . 106

Title I$ – $e,urity mea*ure* Art. 107 . 112

Chapter I – General stip!lations Art. 107 . 108Chapter II – 0e#ime of sec!rity meas!res Art. 109 . 112


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Title $ – nderae offender* Art. 113 . 13/Chapter I – 0!les on criminal liability of an !n&era#e offen&er Art. 113 . 116Chapter II – 0!les on nonc!sto&ial e&!cational meas!res Art. 117 . 123

Chapter III 0!les on c!sto&ial e&!cational meas!res Art. 12/ . 127Chapter I$ – Common stip!lations Art. 128 . 13/

Title $I – Criminal lia-ility of a leal entity Art. 13 . 11Chapter I – General stip!lations Art. 13 . 137Chapter II – 0!les of ancillary penalties applie& to le#al entities Art. 138 . 1/Chapter III – Common stip!lations Art. 1/6 . 11

Title $II – Cau*e* that remoe ,riminal lia-ility Art. 12 . 19

Title $III – Cau*e* that remoe or ,hane *eri,e of +enalty Art. 160 . 16/

Title I – Cau*e* that remoe ,on*e4uen,e* from ,oni,tion Art. 16 . 171

Title – 5efinition of term* or +hra*e* in Criminal La% Art. 172 . 187

$)CAL )A("

Title I – ffen*e aain*t the +er*on Art. 188 . 227Chapter I – ffenses a#ainst life Art. 188 . 192Chapter II – ffenses a#ainst bo&ily inte#rity or health Art. 193 . 198Chapter III – ffenses a#ainst a family member Art. 199 . 200

Chapter I$ – Assa!lt on a fet!s Art. 201 . 202Chapter $ – $iolations of the obli#ation to assist persons in &an#er Art. 203 . 20/Chapter $I – ffenses a#ainst in&i+i&!al free&om Art. 20 . 208

Chapter $II – Traffic3in# in4 an& e5ploitation of +!lnerable persons Art. 209 . 217Chapter $III – ffenses a#ainst se5!al free&om an& inte#rity Art. 218 223Chapter I – ffenses a#ainst home an& pri+ate life Art. 22/ . 227

Title II – ffen*e* aain*t +ro+erty Art. 228 . 26Chapter I – Theft Art. 228 . 232Chapter II – 0obbery an& piracy Art. 233 . 237

Chapter III – ffenses a#ainst property by breach of tr!st Art. 238 . 2/8Chapter I$ – )ra!& committe& !sin# comp!ter systems an& electronic

payment metho&s Art. 2/9 . 22

Chapter $ – 6estr!ction an& &ist!rbance of possession Art. 23 . 26

Title III – ffen*e* aain*t *tate authority and *tate -order* Art. 27 . 26Chapter I – ffenses a#ainst a!thority Art. 27 . 261


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Chapter II – ffenses a#ainst state bor&ers Art. 262 . 26

Title I$ – -*tru,tion of u*ti,e Art. 266 . 288

Title $ – Corru+tion and offen*e* in +u-li, +o*ition Art. 289 . 309

Chapter I – Corr!ption Art. 289 . 29/Chapter II – ffenses in p!blic position Art. 29 . 309

Title $I – Counterfeitin Art. 310 . 328Chapter I – Co!nterfeitin# of c!rrency4 stamps or sec!rities Art. 310 . 316Chapter II – Co!nterfeitin# of a!thentication or mar3in# instr!ments Art. 317 . 319Chapter III – Co!nterfeitin# &oc!ments Art. 320 . 328

Title $II – ffen*e* aain*t +u-li, *e,urity Art. 329 . 366Chapter I – ffenses a#ainst railway traffic sec!rity Art. 329 . 333

Chapter II – ffenses a#ainst p!blic roa&s safety Art. 33/ . 3/1Chapter III – $iolation of r!les for the control of weapons4 amm!nition4

n!clear material an& e5plosi+es Art. 3/2 3/7Chapter I$ – $iolation of r!les establishe& for acti+ities re#!late& by law Art. 3/8 . 31Chapter $ – ffenses a#ainst p!blic health Art. 32 . 39Chapter $I – ffenses a#ainst sec!rity an& inte#rity of comp!ter systems

an& &ata Art. 360 . 366

Title $III – ffen*e* that harm *o,ial relation*hi+* Art. 367 . 38/

Chapter I – ffenses a#ainst p!blic or&er an& peace Art. 367 . 37Chapter II – ffenses a#ainst family Art. 376 . 380Chapter III – ffenses a#ainst free&om of reli#ion an& respect owe& to

the &ecease& Art. 381 . 38/

Title I – le,tion offen*e* Art. 38 . 393

Title – ffen*e* aain*t national *e,urity Art. 39/ . /12

Title I – Crime* aain*t the fihtin ,a+a,ity of the armed for,e* Art. /13 . /37Chapter I – ffenses committe& by the military Art. /13 . /31

Chapter II – ffenses committe& by military an& ci+ilian personnel Art. /32 . /37

Title II – Crime* of eno,ide ,rime* aain*t humanity and %ar ,rime* Art. /38 . //

Chapter I – Crimes of #enoci&e an& crimes a#ainst h!manity Art. /38 . /39Chapter II – ,ar crimes Art. //0 . //

Title III – :inal *ti+ulation* Art. //6


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La% of the Criminal Code

"he )arliament of (omania a&opts this Law.

'!(AL )A("

""L

Criminal la% and it* a++li,a-ility

C;A)"(

'eneral )rin,i+le*

A("< 1

La%fulne** of ,riminali=ation

718 Criminal law stip!lates the actions that constit!te offenses.

728 9o person can ha+e criminal liability for an action that was not co+ere& by criminal

law at the &ate of its commission.

A("< 2

La%fulne** of ,riminal +enalty718 Criminal law establishes applicable penalties an& e&!cational meas!res that can be

r!le& a#ainst persons who committe& offenses4 as well as sec!rity meas!res that can be

r!le& a#ainst persons who committe& actions co+ere& by criminal law.

728 9o penalty4 e&!cational or sec!rity meas!re can be r!le& that was not stip!late& in

criminal law at the &ate when the +iolation was committe&.

7(8 9o penalty can be r!le& an& enforce& o!tsi&e the laws #eneral limits.

C;A)"(

A++li,a-ility of ,riminal la%

$C"! 1

A++li,a-ility of ,riminal la% in time

A("< 3

A,tiene** of ,riminal la%

Criminal law shall be applicable to offenses committe& when it is in force.


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A("< />?

A++li,a-ility of the la% in de,riminali=ation

Criminal law &oes not apply to actions committe& !n&er the applicability of the pre+io!slaw4 if s!ch actions are no lon#er incl!&e& in the new law. In s!ch case4 the ser+in# of

sentences4 the e&!cational an& sec!rity meas!res r!le& on !n&er the pre+io!s law4 as well

as all criminal conse;!ences of co!rt

once the new law comes into force.

#C!

*) Also see Art. in a! "1#$%2012 3 #M3 )& an Article that is re+rodced in endnote 2 to

the +dated text.

#B

A("< *e of the more faora-le ,riminal la% until final udment in a ,a*e

718 In case one or se+eral criminal acts ha+e been enacte& between the time the +iolation

was committe& an& the final

apply.

728 Para#raph 718 abo+e shall also apply to pieces of re#!lation or stip!lations therein

that are &eclare& !nconstit!tional4 as well as to =mer#ency r&ers appro+e& by

Parliament4 amen&e& or s!pplemente&4 or re


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78 ,hene+er the new law is more fa+orable as !n&er para#raphs 718 7-8 abo+e4

ancillary penalties an& sec!rity meas!res that ha+e not yet been ser+e& an& are not

stip!late& by the new law shall no lon#er be ser+e&> those that &o ha+e a correspon&entin the new law shall be ser+e& accor&in# to the contents an& within the limits establishe&

by the new law.

7/8 If the new law is only more fa+orable in terms of ancillary sentencin# or sec!rity

meas!res4 s!ch shall be ser+e& accor&in# to the contents an& within the limits establishe&

by the new law.

7?8 ,hen a stip!lation in the new law spea3s of &efiniti+e sentencin# that has been

enforce&4 the re&!ce& or replace& penalty accor&in# to para#raphs 718 7/8 abo+e shall be

obser+e& as re#ar&s the sentencin# alrea&y ser+e& !ntil the &ate the new law came in

force.

A("< 7

A++li,a-ility of tem+orary ,riminal la%

718 Temporary criminal law shall apply to the offense that was committe& while it was in

force4 e+en if the +iolation was not prosec!te& or trie& in that time inter+al.

728 Temporary criminal law is s!ch criminal law that stip!lates the &ate it stops bein#

applicable or whose applicability is restricte& by the temporary nat!re of the sit!ation

that re;!ire& it bein# passe&.

$C"! 2A++li,a-ility of ,riminal la% in *+a,e

A("< 8

"erritoriality of ,riminal la%

718 0omanian criminal law applies to offenses committe& on the territory of 0omania.

728 The territory of 0omania is &efine& as the e5panse of lan&4 the territorial sea waters

an& inlan& waters4 complete with the soil4 s!bsoil an& airspace locate& insi&e the

national bor&ers.

7(8 An offense committe& on the territory of 0omania is &efine& as any offense

committe& on the territory &efine& at par. 728 or on a ship sailin# !n&er 0omanian pa+ilion or on an aircraft re#istere& in 0omania.

7-8 The offense is also consi&ere& as ha+in# been committe& on the territory of 0omania

when on that territory or on a ship sailin# !n&er 0omanian pa+ilion or on an aircraft

re#istere& in 0omania an action was committe& with a +iew to perform4 insti#ate or ai&

in the offense4 or the res!lts of the offense ha+e been manifest4 e+en if only in part.


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A("< 9

Leal *tandin under ,riminal la%718 0omanian criminal law applies to offenses committe& o!tsi&e 0omanian territory by

a 0omanian citi*en or a 0omanian le#al entity if the sentencin# stip!late& by 0omanian

law is life imprisonment or a term of imprisonment lon#er than 1@ years.

728 In the other cases 0omanian criminal law applies to offenses committe& o!tsi&e

0omanian territory by a 0omanian citi*en or a 0omanian le#al entity if the act is also

criminali*e& by the criminal law of the co!ntry where it was committe& or if it was

committe& in a location that is not s!b#M3

3) A criminal investigation can start on receiving athoriation from the 5hief

/rosector of the /rosectors ,ffice attached to the 5ort of A++eals in !hose 7risdiction the first /rosectors ,ffice is located that received information abot the

violation& or& as the case ma be& from the /rosector 8eneral of the /rosectors ,ffice

attached to the 9igh 5ort of evie! and -stice. A +rosector is entitled to isse sch

athoriation !ithin 0 das of receiving the a++lication for athoriation: sch

deadline can be extended& nder the la!& bt for no more than a total of 1#0 das.

#B

A("< 10

(eality of ,riminal la% 718 0omanian criminal law applies to offenses committe& o!tsi&e 0omanian territory by

a forei#n citi*en or a stateless person a#ainst the 0omanian State4 a#ainst a 0omanian

citi*en or a#ainst a 0omanian le#al entity.

728 A criminal in+esti#ation can start on recei+in# a!thori*ation from the Prosec!tor

General of the Prosec!tors ffice attache& to the i#h Co!rt of 0e+iew an& "!stice4 an&

only if the +iolation is not the obthe State on whose territory it was committe&.

A("< 11>?

nier*ality of ,riminal la%718 0omanian criminal law also applies to other +iolations than those stip!late& at Art.

1@4 committe& o!tsi&e 0omanian territory by a forei#n citi*en or a stateless person who

is locate& +ol!ntarily on 0omanian territory4 in the followin# cases:

a8 an offense was committe& that the 0omanian State has !n&erta3en to repress on

the basis of an international treaty4 irrespecti+e of whether it is stip!late& by the criminal

law of the State on whose territory it was committe&>

b8 e5tra&ition or s!rren&er of the offen&er has been re;!este& an& &enie&.


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728 The stip!lations of par. 718 lett. b8 &o not apply when4 !n&er the law of the state on

whose territory the +iolation was committe&4 there is a ca!se to pre+ent the start of

criminal action or the contin!in# of the criminal trial or the ser+in# of the sentence orwhen the sentence has been ser+e& or when the sentence is consi&ere& as ha+in# been

ser+e&.

7(8 ,hen the sentence has not been ser+e& or has only been ser+e& in part4 the applicable

proce&!re is that of the law on the reco#nition of forei#n

#C!

*) Under Art. 2$ in a! "1#$%2012 3 #M3 )& in a++ling the sti+lations of Art. 11 in the

5riminal 5ode the condition of volntar +resence on omanian territor shall be

inter+reted in the sense of the +erson being on said territor volntaril at the date !hen

the 7dicial bodies rle to de+rive that +erson of their freedom or restrict that +ersons

freedom in vie! of the offense that entails a++licabilit of the +rinci+le of niversalit.

#B

A("< 12

Criminal la% and the international treatie*

The stip!lations of Art. B – 11 shall apply !nless otherwise re;!ire& !n&er an

international treaty 0omania is a party to.

A("< 13

Juri*di,tion immunityCriminal law &oes not apply to offenses committe& by &iplomatic representati+es of

forei#n States or other persons who4 !n&er international treaties4 are not s!bA("< 1/

@tradition

718 =5tra&ition can be #rante& or re;!este& on the basis of an international treaty

0omania is a party to4 or on a m!t!al basis4 !n&er the law.

728 S!rren&er or e5tra&ition of an in&i+i&!al in relation to =!ropean %nion 'ember

States shall be #rante& or re;!este& !n&er the law.7(8 S!rren&er of an in&i+i&!al to an international criminal co!rt shall be #rante& as !n&er

the law.


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""L

ffen*e

C;A)"(

'eneral *ti+ulation*

A("< 1

Main feature* of an offen*e

718 An offense is an action stip!late& by criminal law that has been committe& !n&er

#!ilt4 witho!t

728 An offense is the only basis for criminal liability.

A("< 16

'uilt

718 An action only constit!tes an offense if committe& !n&er the form of #!ilt re;!ire& by

criminal law.

728 G!ilt e5ists when an action is committe& with &irect intent4 with basic intent or

obli;!e intent.

7(8 An action is committe& with intent when the perpetrator:

a8 can foresee the o!tcome of their actions4 in the e5pectation of ca!sin# s!ch

o!tcome by perpetratin# the act> b8 can foresee the o!tcome of their actions an&4 while not inten&in# to pro&!ce it4

ne+ertheless accepts the li3elihoo& that it will occ!r.

7-8 An action is committe& with basic intent when the perpetrator:

a8 can foresee the o!tcome of their actions b!t &oes not accept it4 belie+in# witho!t

reason that s!ch o!tcome will not occ!r>

b8 cannot foresee the o!tcome of their actions4 tho!#h they sho!l& an& co!l& ha+e

&one so.

78 bli;!e intent e5ists when an act4 consistin# of an intentional action or inaction4

ca!ses !ninten&e& more serio!s conse;!ences an& is attrib!table to the perpetrator.

7/8 The act consistin# of an action or inaction shall constit!te an offense when committe&with &irect intent. The act committe& with basic intent constit!te& an offense only when

the law specifically establishes it as s!ch.

A("< 17

iolation ,ommitted -y omi**ion

A committe& offense that in+ol+es the ca!sin# of an o!tcome is also consi&ere& as

ha+in# been committe& by omission4 when:

a8 there e5ists a le#al or contract obli#ation to ta3e action>


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b8 the a!thor of the omission4 thro!#h pre+io!s action or inaction4 create& a state

of threat for the protecte& social +al!e4 which facilitate& the occ!rrence of the o!tcome.

C;A)"(

Ju*tifyin ,au*e*

A("< 18


718 An act stip!late& by criminal law shall not constit!te an offense if one of the

728 The effects of

A("< 19Leitimate defen*e

718 An act stip!late& by criminal law is

728 A person is in le#itimate &efense when committin# an act to remo+e a material &irect4

imme&iate an& !n

ri#hts or a #eneral interest4 if the &efense is proportional with the serio!sness of the

attac3.

7(8 A person is pres!me& to ha+e been in le#itimate &efense as &efine& by par. 728 when

they committe& an act so as to repel an in&i+i&!al ha+in# entere& a &omicile4 room4

anne5 or enclose& str!ct!re appertainin# to s!ch &omicile4 witho!t any ri#ht to &o so4 by+iolence4 &eception4 brea3in# in4 or other s!ch !nlawf!l proce&!re4 or &!rin# the ni#ht.

A("< 20

$tate of ne,e**ity


728 A person is &eeme& to be in a state of necessity when they commit an act in or&er to

sa+e life4 bo&ily inte#rity or health of their own person or anothers from an imme&iate

threat which cannot be remo+e& otherwise> the same applies for sa+in# an important

asset of their own or another persons or a #eneral interest. This principle applies if the

conse;!ences of the act are not clearly more serio!s than those that wo!l& ha+e occ!rre&in case the threat was not remo+e&.

A("< 21

@er,i*in a riht or meetin an o-liation


ri#ht #rante& by law or of an obli#ation man&ate& by law4 in compliance with the

con&itions an& limitations stip!late& by law.


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obli#ation man&ate& by a

is not +isibly ille#al.

A("< 22

Con*ent of the i,tim


+ictim4 if sai& +ictim ha& le#al a!thority o+er the in

728 Consent by the +ictim &oes not apply in case of crimes a#ainst life4 an& in case the

law e5cl!&es this a+en!e of

C;A)"(

Cau*e* of non.im+uta-ility

A("< 23


718 An act stip!late& by criminal law &oes not constit!te an offense when committe& in

the con&itions of one of the ca!ses of nonimp!tability.

728 The effect of ca!ses of nonimp!tability &oes not e5ten& to participants in the act4

e5cept for fort!ito!s participants.

A("< 2/)hy*i,al ,on*traint

An act stip!late& by criminal law &oes not carry imp!tability when committe& as a res!lt

of physical constraint which the perpetrator was !nable to withstan&.

A("< 2

Moral ,on*traint

An act stip!late& by criminal law &oes not carry imp!tability when committe& as a res!lt

of moral constraint4 e5ercise& by threatenin# #ra+e &an#er of the person of the

perpetrator or another person an& which cannot be remo+e& in any other way.

A("< 26

!on.a,,ounta-le @,e**iene**

718 An act stip!late& by criminal law &oes not carry imp!tability when committe& by a

person in le#itimate &efense who e5cee&e&4 beca!se of psycholo#ical t!rmoil or fear4 the

limits of &efense proportional with the serio!sness of the attac3.

728 An act stip!late& by criminal law &oes not carry imp!tability when committe& by a

person in a state of necessity4 who at the moment of committin# the act &i& not reali*e


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they were ca!sin# conse;!ences that were clearly more serio!s than those that wo!l&

ha+e occ!rre& ha& the threat not been remo+e&.

A("< 27

nderae +er+etrator

An act stip!late& by criminal law &oes not carry imp!tability when committe& by an

!n&era#e person4 who at the &ate of commission of the act &i& not meet the le#al

re;!irements for criminal liability.

A("< 28

Mental in,om+eten,e

An act stip!late& by criminal law &oes not carry imp!tability when committe& by a

person who4 at the time of commission of the act4 was !nable to !n&erstan& their actionsor inactions or to control them4 either beca!se of a mental con&ition or beca!se of other

reasons.

A("< 29

nto@i,ation

An act stip!late& by criminal law &oes not carry imp!tability when committe& by a

person who4 at the time of commission of the act4 was !nable to !n&erstan& their actions

or inactions or to control them4 beca!se of in+ol!ntary into5ication with alcohol or other

psychoacti+e s!bstances.

A("< 30

rror

718 An act stip!late& by criminal law &oes not constit!te an offense when committe& by a

person who4 at the time of commission of the act4 was !naware of the e5istence of a state4

sit!ation or circ!mstance that &etermines the criminal nat!re of the act.

728 The stip!lations of par. 718 also apply to acts committe& with basic intent that are

p!nishable !n&er criminal law4 b!t only if i#norance of the state4 sit!ation or

circ!mstance is not itself the res!lt of basic intent.

7(8 The state4 sit!ation or circ!mstance the perpetrator was !naware of at the moment of commission of the act shall not constit!te an a##ra+atin# circ!mstance or a##ra+atin#

circ!mstantial element.

7-8 The stip!lations of par. 718 7(8 shall apply accor&in#ly to the case of i#norance of a

le#al stip!lation o!tsi&e the scope of criminal law.

78 An act stip!late& by criminal law &oes not carry imp!tability when committe& as a

res!lt of i#norance or erroneo!s 3nowlee of its ille#al character owin# to a

circ!mstance that co!l& not ha+e been a+oi&e& in any way.


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A("< 31

:ortuitou* ,a*e

An act stip!late& by criminal law &oes not carry imp!tability when its res!lt is aconse;!ence of a circ!mstance that co!l& not ha+e been foreseen.

C;A)"(

Attem+t

A("< 32

Attem+t

718 An attempt means actin# on the intent to commit an offense4 where the cons!mmation

of the act was interr!pte& or faile& to ca!se its effect.

728 AttemptD &oes not e5ist when the impossibility to cons!mmate the offense was theres!lt of the way in which cons!mmation was &esi#ne&.

A("< 33

)enalty for attem+t

718 Attempt shall be p!nishable only when the law specifies it.

728 Attempt shall be p!nishable by half the penalty specifie& by law for the cons!mmate&

offense. ,hen the law specifies life imprisonment for the cons!mmate& offense4 an& the

co!rt is incline& to r!le towar&s that sentencin#4 attempt shall be p!nishable by no less

than 1@ an& no more than 2@ years of imprisonment.

A("< 3/

Withdra%al and +re,ludin ,on*ummation of offen*e

718 A perpetrator shall not be p!nishable if4 before the offense was i&entifie& by the

a!thorities4 they with&rew from the criminal acti+ity or reporte& the criminal acti+ity to

the a!thorities so that cons!mmation mi#ht be precl!&e&4 or by themsel+es precl!&e& the

cons!mmation of the offense.

728 If the acts committe& !ntil with&rawal or precl!&in# of cons!mmation constit!te

another offense4 the latter shall be p!nishable.

C;A)"(

nity and +lurality of offendin

A("< 3>?

nity of a ,ontinuin offen*e and of a ,om+le@ offen*e

718 An offense is sai& to be contin!in# when a person commits4 at +ario!s time inter+als

b!t for the reali*ation of the same resol!tion an& a#ainst the same passi+e s!b


15/163

728 An offense is comple5 when its contents incl!&e4 as a constit!ti+e element or as an

a##ra+atin# circ!mstantial element4 an action or an inaction that is in itself an act

stip!late& by criminal law.#C!

*) ;e are +aragra+h 31) of the 5riminal 5ode&

the nit of the +assive sb7ect is also achieved !hen?

a) the assets deemed the ob7ect of the offense are 7ointl o!ned b several +eo+le:

b) the offense has +re7diced different secondar +assive sb7ects& bt there is onl one

main +assive sb7ect. @

#B

A("< 36

)enalty for the ,ontinuin offen*e and for the ,om+le@ offen*e

718 The penalty pro+i&e& by law for the offense committe& applies for the contin!in#

offense4 to which a ma5im!m increase of ( years can be a&&e& !p for imprisonment4

respecti+ely at least a thir& in case of fines.

728 Comple5 +iolations are sanctione& with the penalty pro+i&e& by the law for thatoffense.

7(8 Comple5 +iolations committe& intentionally4 if only the more serio!s o!tcome of the

secon&ary acti+ity has occ!rre&4 are sanctione& with the penalty pro+i&e& by the law for

the committe& comple5 offense.

A("< 37

(e,al,ulation of the +enalty for ,ontinuin or ,om+le@ iolation*

If an offen&er who recei+e& a final con+iction for a contin!in# or comple5 offense is

s!bse;!ently trie& also for other actions or inactions incl!&e& in the contents of the same

offense4 ta3in# into acco!nt the offense committe& as a whole4 an appropriate penalty isestablishe&4 an& it cannot be shorter than the one pre+io!sly han&e& &own.

A("< 38

Multi+le offen*e*

718 There e5ist m!ltiple +iolations when two or se+eral +iolations ha+e been committe&

by the same person4 +ia +ario!s actions or inactions4 before recei+in# a final con+iction

for any of them. There also e5ist act!al m!ltiple +iolations when one of those has been

committe& in or&er to commit or conceal another offense.


16/163

728 There e5ist formal m!ltiple +iolations when an action or inaction committe& by a

person4 beca!se of the circ!mstances !n&er which it occ!rre& an& beca!se of the

conse;!ences it pro&!ce&4 contains the elements of se+eral +iolations.

A("< 39

Main +enalty for multi+le offen*e*

718 In case of m!ltiple offenses4 the penalty for each offense is establishe& separately an&

the penalty is applie& as follows:

a8 when a penalty of life imprisonment an& one or more penalties of imprisonment or

fine ha+e been establishe&4 the penalty of life imprisonment shall be applie&>

b8 when only penalties of imprisonment ha+e been establishe&4 the hea+iest penalty shall

be applie&4 which can be increase& by onethir& of the total of all the other penalties

han&e& &own>c8 when only fines ha+e been establishe&4 the hea+iest penalty shall be applie&4 which

can be increase& by onethir& of the total of all the other penalties han&e& &own>

&8 when a penalty of imprisonment an& a penalty of fine ha+e been establishe&4 the

penalty of imprisonment shall be applie&4 to which the f!ll fine can be a&&e&>

e8 when se+eral penalties of imprisonment an& se+eral penalties of fine ha+e been

establishe&4 the penalty of imprisonment shall be applie&4 accor&in# to letter b84 to which

the f!ll fine can be a&&e&4 accor&in# to letter c8.

728 ,hen se+eral penalties of imprisonment ha+e been establishe&4 if4 by a&&in# to the

hea+iest penalty a thir& of the total of all other penalties of imprisonment4 an& for at least

one of the m!ltiple offenses the penalty pro+i&e& by law is 2@ years or more4 the penalty

of life imprisonment can be applie&.

A("< /0

Merer of +enaltie* for multi+le offen*e*

718 If an offen&er that has been han&e& a final sentence is s!bse;!ently trie& for one of

the m!ltiple offenses4 Art. (E shall apply.

728 Art. (E shall also apply in the case where4 after a con+iction

final4 it is fo!n& that the con+icte& in&i+i&!al ha& pre+io!sly been con+icte& for one of

the m!ltiple offenses.7(8 If the offen&er has ser+e& their penalty as pre+io!sly sentence&4 in f!ll or in part4 the

portion that has been ser+e& shall be &e&!cte& from the len#th of sentencin# for the

m!ltiple offenses.

7-8 Stip!lations concernin# sentencin# in case of m!ltiple offenses also apply to the case

where life imprisonment was s!b


17/163

78 In case of a mer#er of penalties as !n&er para#raphs 718 7-8 consi&eration shall also

be #i+en to penalties enforce& thro!#h a con+iction that was ret!rne& abroa&4 for one of

the m!ltiple offenses4 if the con+iction is reco#ni*e& !n&er the law.

A("< /1

(e+eat offen*e

718 A repeat offense e5ists when4 after a con+iction an& sentence of more than one year of

imprisonment remains final4 an& before rehabilitation or completion of sentence& term4

the con+icte& in&i+i&!al commits another +iolation with &irect intent or obli;!e intent4

for which the law man&ates a term of more than one year of imprisonment.

728 A repeat offense also e5ists in case one of the penalties !n&er par. 718 is life

imprisonment.

7(8 To establish the e5istence of a repeat offense4 consi&eration shall also be #i+en to acon+iction

0omanian criminal law4 if that con+iction has been reco#ni*e& !n&er the law.

A("< /2

Coni,tion* that do not ,au*e e@i*ten,e of re+eat offen*e

In establishin# the e5istence of repeat offense consi&eration shall not be #i+en to

con+ictions for:

a8 acts that are no lon#er stip!late& in criminal law>

b8 +iolations that ha+e been par&one&>c8 +iolations committe& with basic intent.

A("< /3

)enaltie* for re+eat offen*e

718 If4 before the pre+io!s sentence has been f!lly ser+e& or &eeme& as ser+e&4 a new

offense is committe& an& constit!tes a repeat offense4 the penalty attrib!te& to it shall be

a&&e& to the time of the pre+io!s sentence or the time not yet ser+e& from the pre+io!s

sentence.

728 If4 before the pre+io!s sentence has been f!lly ser+e& or &eeme& as ser+e&4 m!ltiple

offenses are committe&4 at least one of which is a repeat offense4 penalties shall bemer#e& as !n&er the stip!lations concernin# m!ltiple offenses an& the res!ltin# sentence

shall be a&&e& to the time of the pre+io!s sentence or the time not yet ser+e& from the

pre+io!s sentence.

7(8 If the a&&ition of sentences as !n&er para#raphs 718 an& 728 res!lts in more than 1@

years o+er the ma5im!m imprisonment penalty allowe&4 an& for at least one of the

+iolations committe& the penalty !n&er the law is no less than 2@ years4 the terms of

imprisonment can be replace& by life imprisonment.


18/163

7-8 If the pre+io!s penalty or the penalty set for the +iolation committe& as a repeat

offense is life imprisonment4 the sentence to be ser+e& is life imprisonment.

78 If4 after the pre+io!s sentence has been f!lly ser+e& or &eeme& as ser+e&4 a new+iolation is committe& as a repeat offense4 the special threshol&s for the penalty !n&er the

law for the new +iolation shall be increase& by half.

7/8 If4 after the con+iction for the new +iolation has remaine& final an& before the

pre+io!s sentence has been f!lly ser+e& or &eeme& as ser+e&4 the con+icte& person is

fo!n& to be in a state of repeat offense4 the co!rt shall !se the stip!lations in para#raphs

718 78.

7?8 Para#raph 7/8 also applies in the case where life imprisonment has been s!b

b8 in case of repeat offense4 the part of the pre+io!s ancillary penalty that has not

yet been ser+e& shall be a&&e& to the penalty for the new +iolation.

7-8 In case of s!ccessi+e con+ictions for m!ltiple offenses the part of the pre+io!s

ancillary penalty that has been ser+e& !ntil the &ate of mer#er of the main penalties shall

be &e&!cte& from the len#th of the ancillary penalty awar&e& alon#si&e the res!ltin#

penalty.


19/163

78 If one or more a&&itional penalties ha+e been awar&e& alon#si&e the main penalties4

the stip!lations of para#raphs 718 7(8 shall apply4 an& the res!ltin# a&&itional penalty

shall be ser+e& !ntil s!ch &ate when the main penalty has been ser+e& or &eeme& to ha+e been ser+e&.

7/8 Sec!rity meas!res of &ifferin# nat!re or e+en of the same nat!re b!t with &ifferin#

content4 for the committe& +iolations4 shall be mer#e&.

7?8 If se+eral sec!rity meas!res ha+e been awar&e& that are of the same nat!re an& the

same content b!t for &ifferin# len#ths of time4 the lon#est of the sec!rity meas!res shall

apply. Sec!rity meas!res awar&e& !n&er Art. 112 shall be mer#e&.

C;A)"(

Author and +arti,i+ant*

A("< /6

Author and ,o.author*

718 An a!thor is the person who personally commits an act stip!late& by criminal law.

728 Coa!thors are persons who personally commit the same act stip!late& by criminal

law.

A("< /7

n*tiator

An insti#ator is a person who4 with &irect intent4 &etermines another to commit an actstip!late& by criminal law.

A("< /8

"he a,,om+li,e

718 The accomplice is the person who &eliberately facilitates or helps in any way with the

commission of an act stip!late& by criminal law.

728 The accomplice is also the person who promises4 before or &!rin# the commission of

the act4 that they will conceal the assets ori#inatin# from it or that they will fa+or the

perpetrator4 e+en if4 after the commission of the act4 the promise is not f!lfille&.

A("< /9

)enalty in ,a*e of +arti,i+ant*

The coa!thor4 the insti#ator an& the accomplice to a &eliberately performe& crime is

p!nishe& with the penalty stip!late& by law for the a!thor of the act. ,hen the penalty is

establishe&4 the contrib!tion of each person to the commission of the act shall be ta3en

into acco!nt4 as well as the stip!lations stip!late& in art. ?-.


20/163

A("< 0

)er*onal and real ,ir,um*tan,e*718 The circ!mstances relate& to the a!thor or to a participant &o not reflect on the others.

728 The circ!mstances concernin# the act reflect on the a!thor an& on the participants

only if they 3new or anticipate& those circ!mstances.

A("< 1

)reentin the ,ommi**ion of a ,rime

718 The participant shall not be p!nishable if4 before the act is &isco+ere&4 they &eno!nce

the commission of the crime4 so that the cons!mmation of it can be pre+ente&4 or if they

pre+ent the cons!mmation of the respecti+e crime.

728 If the acts performe& !ntil the &eno!ncement or the pre+ention constit!te another

crime4 the participant shall recei+e the penalty correspon&in# to the respecti+e crime.

A("< 2

m+ro+er +arti,i+ation

718 The &irect4 &eliberate commission by a person of an act stip!late& by criminal law4 to

which4 with basic intent or witho!t #!ilt4 another person contrib!tes with acts of ser+ice4

is p!nishable by the penalty stip!late& by the law for the act committe& with &irect

intent.

728 The &eterminin#4 facilitatin# or helpin# in any way4 with intent4 in the commission by

another person with basic intent of an act stip!late& by criminal law is p!nishable by the

penalty stip!late& by the law for the act committe& with &irect intent.

7(8 The &eterminin#4 facilitatin# or helpin# in any way4 with intent4 in the commission by

another person who performs that act witho!t #!ilt4 is p!nishable by the penalty

stip!late& by the law for the respecti+e crime.

7-8 The stip!lations in art. @ an& art. 1 shall apply accor&in#ly.


21/163

""L >?

)enalty

#C!

*) Also see Art. ' 16 in a! "1#$%2012 3 #M3 )& !hich are re+rodced in endnote 2 to

the +dated text.

#B

C;A)"(

Cateorie* of +enaltie*

A("< 3

Main +enaltie*The main penalties are:

a8 life imprisonment>

b8 imprisonment>

c8 fine.

A("< />?

Additional +enalty

An a&&itional penalty consists of a ban on the e5ercise of certain ri#hts4 as of the moment

a con+iction remains final an& !ntil the &ate the sentence of imprisonment has been f!llyser+e& or &eeme& as ser+e&.

#C!

*) Also see Art. 12 +ar. 31) in a! "1#$%2012 3 #M3 )& !hich is re+rodced in endnote 2

to the +dated text.

#B

A0T. F8

An,illary +enaltie*

The ancillary penalties are:a8 ban on the e5ercise of certain ri#hts>

b8 military &emotion>

c8 p!blication of

#C!

*) Also see Art. 12 +ar. 32) in a! "1#$%2012 3 #M3 )& !hich is re+rodced in endnote 2

to the +dated text.


22/163

#B

C;A)"( Main +enaltie*

$C"! 1

Life im+ri*onment

A("< 6

$erin a life im+ri*onment *enten,e

Life imprisonment consists of &epri+ation of free&om for an in&eterminate &!ration of

time an& shall be ser+e& accor&in# to the Law on the Ser+ice of Penalties.

A("< 7

Life im+ri*onment e@,e+tion

If4 at the &ate when the

of a#e4 the sentence of life imprisonment shall be replace& by a prison term of (@ years

an& a ban on the e5ercise of certain ri#hts for the ma5im!m &!ration of the prison

sentence.

A("< 8

(e+la,ement for life im+ri*onmentIn case the &efen&ant sentence& to life imprisonment t!rns / years of a#e &!rin# the

ser+in# of that sentence4 life imprisonment can be replace& by a term of (@ years of

imprisonment an& a ban on the e5ercise of certain ri#hts for the ma5im!m &!ration of the

prison sentence4 if they ha& #oo& beha+ior thro!#ho!t ser+in# their sentence !ntil that

point4 were in f!ll compliance with all their ci+il obli#ations as r!le& in the

con+ict them 7e5cept for the case when proof is bro!#ht that they ha& no a+en!e to

comply8 an& they ma&e constant an& +isible pro#ress towar&s social reinte#ration.

A("< 9

Cal,ulation of +enalty %hen life im+ri*onment i* *u-e,t to ,ommutation orre+la,ement

,hen life imprisonment is s!b


23/163

$C"! 2

)ri*on *enten,e*

A("< 60

$erin a +ri*on *enten,e

A prison sentence consists of &epri+ation of free&om for a &etermine& len#th of time4

comprise& between 1 &ays an& (@ years4 an& shall be ser+e& accor&in# to the Law on

the Ser+ice of Penalties.

$C"! 3

:ine*

A("< 61>?

*ta-li*hin the amount of fine

718 A fine consists of the amo!nt of money a con+icte& in&i+i&!al is compelle& to pay to

the State.

728 The amo!nt of the fine shall be establishe& in the system of fine&ays. The amo!nt

for one fine&ay ran#es from 1@ 09 an& @@ 094 an& will be m!ltiplie& by the

n!mber of fine&ays4 which ran#es from (@ an& -@@.

#M3

3) A cort shall establish the nmber of finedas according to the general criteria for cstomiation of sentencing. The amont that corres+onds to one fineda shall be

calclated on the basis of the financial stats of the convicted defendant and their legal

obligations to!ards +ersons the are s++orting.

#B

7-8 The special threshol&s for fine&ays ran#e between:

a8 /@ to 1B@ fine&ays4 when the law stip!lates only a penalty by fine for that offense>

b8 12@ to 2-@ fine&ays4 when the law stip!lates a penalty by fine alternati+ely for a term

of imprisonment of no more than 2 years>

c8 1B@ to (@@ fine&ays4 when the law stip!lates a penalty by fine alternati+ely for a term

of imprisonment of more than 2 years.78 If the committe& offense was inten&e& to pro+i&e a material #ain4 an& the penalty

stip!late& by law is only a fine or the co!rt chooses to only sentence to that penalty4 the

special threshol&s for fine&ays can be increase& by onethir&.

7/8 Increments establishe& by law for miti#atin# or a##ra+atin# circ!mstances shall apply

to the special threshol&s for fine&ays stip!late& at par. 7-8 an& par. 78.

#C!

*) Also see Art. 1 +ar. 31) in a! "1#$%2012 3 #M3 )& !hich is re+rodced in endnote 2 to

the +dated text.


24/163

#BA("< 62>?

)enalty -y fine that a,,om+anie* a +enalty -y im+ri*onment

718 If the committe& offense was inten&e& to pro+i&e a material #ain4 the penalty by

imprisonment can be accompanie& by a penalty by fine.

728 The special threshol&s for fine&ays stip!late& at Art. /1 par. 7-8 lett. b8 an& lett. c8

shall be calc!late& on the basis of the len#th of the term of imprisonment awar&e& by the

co!rt an& cannot be re&!ce& or increase& as an effect of miti#atin# or a##ra+atin# ca!ses.

7(8 In establishin# the amo!nt of one fine&ay consi&eration shall be #i+en to the amo!nt

of material #ain that was obtaine& or &esire&.

#C! *) Also see Art. 11 in a! "1#$%2012 3 #M3 )& !hich is re+rodced in endnote 2 to the

+dated text.

#B

A("< 63>?

(e+la,ement of a +enalty -y fine -y a term of im+ri*onment

718 If the con+icte& &efen&ant fails to pay their fine4 in illfaith4 in whole or in part4 the

n!mber of fine&ays shall be replace& by the same n!mber of &ays of imprisonment.

728 If the !npai& fine accompanie& a penalty by imprisonment4 the n!mber of fine&aysthat was not pai& !p shall be replace& by the same n!mber of &ays of imprisonment4

which shall be a&&e& to the term of imprisonment4 an& the res!ltin# penalty shall

constit!te one sin#le penalty.

7(8 In case a penalty by fine is replace& by a penalty by imprisonment4 as !n&er par. 718

an& par. 7284 one fine&ay shall be s!bstit!te& by one &ay of imprisonment.

#C!

*) Also see Art. 14 +ar. 31) in a! "1#$%2012 3 #M3 )& !hich is re+rodced in endnote 2 to

the +dated text.

#BA("< 6/>?

$erin the +enalty -y fine -y +erformin ,ommunity *eri,e

718 In case the whole or part of the penalty by fine cannot be ser+e& for reasons not

attrib!table to the con+icte& &efen&ant4 with the latters consent4 the Co!rt can replace

the obli#ation to pay a fine by the obli#ation to perform comm!nity ser+ice4 e5cept for

the case where the persons health precl!&es them from performin# s!ch ser+ice. ne

fine&ay is e;!al to one &ay of comm!nity ser+ice.


25/163

728 If the fine that was replace& as !n&er par. 718 was accompanyin# a penalty by

imprisonment4 the obli#ation to perform comm!nity ser+ice shall be ser+e& after the en&

of the term of imprisonment.7(8 The Probation Ser+ice shall be in char#e of s!per+isin# performance of the

comm!nity ser+ice.

7-8 Performance of comm!nity ser+ice as !n&er par. 718 shall cease once f!ll payment is

recei+e& for the n!mber of fine&ays not yet ser+e&.

78 The Co!rt shall replace fine&ays that were not ser+e& as comm!nity ser+ice by a

correspon&in# n!mber of &ays of imprisonment if:

a8 the con+icte& &efen&ant fails to perform comm!nity ser+ice as or&ere& by the

Co!rt>

#M3

b) the convicted defendant commits a ne! offense !hich is discovered before fll +erformance of commnit service. The finedas that !ere not served in the form of

commnit service at the date of final conviction for the ne! offense& re+laced b das of

im+risonment& shall be added to the +enalt for the ne! offense.

#B

7/8 If a con+icte& &efen&ant who is in the sit!ation stip!late& at par. 718 &oes not consent

to perform comm!nity ser+ice4 the amo!nt of fine not pai& shall be replace& by a penalty

by imprisonment as !n&er Art. /(.

#C!

*) Also see Art. 14 +ar. 32) in a! "1#$%2012 3 #M3 )& !hich is re+rodced in endnote 2 tothe +dated text.

#B

C;A)"(

Additional and an,illary +enaltie*

$C"! 1

Additional +enalty

A("< 6Content* and manner of *erin the additional +enalty of re,eiin a -an on the

e@er,i*e of a num-er of riht*

#M3

31) An additional +enalt consists of a ban on exercising the rights sti+lated at Art. 66

+ar. 31) lett. a)&b) and d) o)&!hose exercise !as banned b a cort of la! as a ancillar

+enalt.

32) n the case of life im+risonment the additional +enalt consists of the cort banning

the exercise of the rights sti+lated in Art. 66 +ar. 31) lett. a) o) or a nmber of those.


26/163

#B

7(8 The a&&itional penalty of a ban on the e5ercise of certain ri#hts shall be#in bein#

ser+e& as of the moment the con+iction remains final an& !ntil the moment the main penalty by imprisonment has been ser+e& or is &eeme& to ha+e been ser+e&.

#M3

34) n the case of life im+risonment the additional +enalt !hose content is sti+lated in

Art. 66 +ar. 31) lett. c) shall begin being served on the date +arole release is granted or

after the +enalt is deemed to have been served.

#B

$C"! 2

An,illary +enaltie*

A("< 66

Content of the an,illary +enalty of re,eiin a -an on the e@er,i*e of a num-er of

riht*

718 The ancillary penalty of a ban on the e5ercise of a n!mber of ri#hts consists of a ban4

for one to fi+e years4 on the e5ercise of one or se+eral of the followin# ri#hts:

a8 ri#ht to be electe& to the ran3s of p!blic a!thorities or any other p!blic office>

b8 ri#ht to ta3e a position that in+ol+es e5ercise of State a!thority>

c8 ri#ht of a forei#n citi*en to resi&e on 0omanian territory>

&8 ri#ht to +ote>e8 parental ri#hts>

f8 ri#ht to be a le#al #!ar&ian or c!rator>

#8 the ri#ht to ta3e the position4 e5ercise the profession or perform the acti+ity they

!se& in or&er to commit the offense>

h8 the ri#ht to own4 carry an& !se any cate#ory of weapons>

i8 the ri#ht to &ri+e certain cate#ories of +ehicles as establishe& by the Co!rt>

38 the ri#ht to ta3e a mana#erial position with a p!blic le#al entity>

l8 the ri#ht to be in certain localities as establishe& by the Co!rt>

m8 the ri#ht to be in certain locations or atten& certain sports e+ents4 c!lt!rale+ents or p!blic #atherin#s4 as establishe& by the Co!rt>

n8 the ri#ht to comm!nicate with the +ictim or the +ictims family4 with the

persons to#ether with whom they committe& the offense or with other persons as

establishe& by the Co!rt4 or the ri#ht to #o near s!ch persons>

o8 the ri#ht to #o near the &omicile4 wor3place4 school or other locations where the

+ictim carries social acti+ities4 in the con&itions establishe& by the Co!rt.

728 ,hen the law man&ates a ban on the ri#ht to ta3e a p!blic position4 the Co!rt shall

r!le to ban the e5ercise of the ri#hts stip!late& at par. 718 lett. a8 an& lett. b8.


27/163

7(8 The e5ercise of the ri#hts stip!late& at par. 718 lett. a8 an& lett. b8 shall be banne&

to#ether.

7-8 The penalty stip!late& at par. 718 lett. c8 shall not be r!le& where there is probableca!se to belie+e the persons life mi#ht be at ris3 or that the person mi#ht be s!b

b8 as of the &ate the sentence remains final that r!le& the &efen&ant shall ser+e

their penalty on probation>

c8 after the prison sentence is ser+e&4 after total par&on or a par&on for the

remain&er of the penalty4 after ser+in# a sentence has come !n&er the stat!te of

limitations or after e5piry of the &!ration of probation.

728 In case a penalty is to be ser+e& on probation4 the ban for a forei#n citi*en to be on

0omanian territory shall be#in as of the &ate of release.

7(8 If ser+in# a sentence on probation is re+o3e&4 or a penalty by fine is replace& by a penalty by imprisonment4 for reasons other than the commission of a new offense4 the

remain&er of the ancillary sentence bannin# the e5ercise of certain ri#hts that has not yet

been ser+e& at the &ate of re+ocation or replacement shall be ser+e& after completion of

the prison sentence.


28/163

A("< 69Military demotion

718 The ancillary penalty of military &emotion consists of a military person bein#

strippe& of their ran3 an& the ri#ht to wear the !niform !ntil the &ate the con+iction

728 'ilitary &emotion applies obli#atorily to con+icte& military personnel that is acti+e4

in reser+e or in retirement4 if the main penalty they ha+e recei+e& is more than 1@ years

of imprisonment of life imprisonment.

7(8 'ilitary &emotion can be r!le& a#ainst con+icte& military personnel that are acti+e4 in

reser+e or in retirement for offenses committe& with &irect intent4 if the main penalty

r!le& a#ainst them is no less than years an& no more than 1@ years of imprisonment.

A("< 70

)u-li,ation of final ,oni,tion udment

718 P!blication of the final con+iction

the nat!re an& serio!sness of the offense4 the circ!mstances of the case an& the con+icte&

person4 the Co!rt feels p!blication will contrib!te to &eterrin# other in&i+i&!als from

committin# s!ch +iolations.

728 The con+iction

the Co!rt4 in a local or national &aily newspaper4 to be r!n only once.7(8 P!blication of the final con+iction

con+icte& &efen&ant4 witho!t the i&entity of other in&i+i&!als bein# re+eale&.

C;A)"(

Cal,ulation of the lenth of +enaltie*

A("< 71

5uration of *erin a *enten,e

718 The &!ration of ser+in# a prison sentence starts co!ntin# on the &ay the con+icte&

&efen&ant has be#!n ser+in# the sentence in the final con+iction

incl!&e& in the &!ration of ser+in# the sentence.

7(8 The len#th of time while the con+ict is hospitali*e& for an illness4 &!rin# the ser+in#

of their sentence4 is incl!&e& in the &!ration of ser+in# their sentence e5cept for the case

where the con+ict &eliberately ca!se& their me&ical con&ition an& this action is i&entifie&

&!rin# the co!rse of their ser+in# their sentence.

7-8 Permissions to lea+e the penitentiary4 #rante& to the con+ict !n&er the Law on the

Ser+ice of Penalties4 are incl!&e& in the &!ration of ser+in# the sentence.


29/163

A("< 72

Cal,ulatin the duration of +re.trial arre*t718 The len#th of time while a person was place& in pretrial arrest shall be &e&!cte&

from the &!ration of the term of imprisonment r!le& a#ainst the &efen&ant. The &e&!ction

shall also be performe& when the con+ict has been in+esti#ate& or trie&4 at the same time

or separately4 for a n!mber of m!ltiple offenses4 e+en if they were con+icte& for an act

that is &ifferent from the one that warrante& the pretrial arrest.

728 The len#th of time while a person was place& in pretrial arrest shall also be &e&!cte&

from the penalty in case the sentence is a fine4 by remo+in# the n!mber of fine&ays

entirely or in part.

7(8 In case of a fine that accompanies a penalty by imprisonment4 the len#th of time

while a person was place& in pretrial arrest shall be &e&!cte& from the len#th of the penalty by imprisonment.

A("< 73

Cal,ulatin +enaltie* and +reentie mea*ure* to -e *ered out*ide the ,ountry

718 In the case of offenses committe& as !n&er Art. B4 Art. E4 Art. 1@ or Art. 114 the part

of the penalty an& the &!ration of pretrial arrest ser+e& o!tsi&e 0omanian territory shall

be &e&!cte& from the len#th of the sentence enforce& for the same +iolation in 0omania.

728 Par. 718 applies accor&in#ly in the case where the sentence ser+e& o!tsi&e the co!ntry

is a penalty by fine.

C;A)"(

Cu*tomi=ation of *enten,in

$C"! 1


A("< 7/

'eneral ,riteria for ,u*tomi=ation of a *enten,e

718 =stablishin# the len#th or amo!nt of a penalty shall be ma&e on the basis of theserio!sness of the offense an& the threat pose& by the con+ict4 all of which shall be

assesse& base& on the followin# criteria:

a8 the circ!mstances an& manner of commission of the offense4 as well as the

means that were !se&>

b8 the threat to the protecte& social +al!e>

c8 the nat!re an& serio!sness of the o!tcome pro&!ce& by the offense or other

conse;!ences of the offense>

&8 the reason for committin# the offense an& inten&e& #oal>


30/163

e8 the nat!re an& fre;!ency of offenses in the con+icts criminal history>

f8 the con+icts con&!ct after committin# the offense an& &!rin# the trial>

#8 the con+icts le+el of e&!cation4 a#e4 health4 family an& social sit!ation.728 ,hen the law stip!lates alternati+e penalties for the offense4 the criteria stip!late& in

par. 718 shall be a factor in selectin# one of those alternati+es.

$C"! 2

Mitiatin and araatin ,ir,um*tan,e*

A("< 7

Mitiatin ,ir,um*tan,e*

718 The followin# sit!ations represent le#al miti#atin# circ!mstances:

a8 offense committe& !n&er the infl!ence of a stron# &ist!rbance or emotion4ca!se& by the +ictim4 ca!se& either by +iolence4 by infrin#ement of a personHs

&i#nity or by other serio!s illicit actions>

b8 e5cee&in# the limits of le#itimate &efense>

c8 e5cee&in# the limits of a state of necessity>

#M3

d) covering all the material damage cased b an offense& dring criminal

investigation or trial& ntil the first hearing& if the offender has not benefited from

this circmstance !ithin > ears +rior to committing the crime. Bitigating

circmstances do not a++l if the follo!ing offenses are committed? offenseagainst the +erson& aggravated theft& robber& +irac& frad committed throgh

com+ter sstems and electronic means of +ament& assalt& 7dicial assalt&

absive behavior& offenses against +blic safet& offenses against +blic health&

offenses against freedom of religion and res+ect de to the deceased& against

national secrit& against the fighting ca+acit of the armed forces& crime of

genocide& crimes against hmanit and !ar crimes& offenses against omanian

state border& offenses against the la! on +reventing and combating terrorism&

corr+tion offenses& offenses assimilated to corr+tion offenses& or against the

financial interests of the ro+ean Union& violation of reglations concerning

ex+losive& nclear and radioactive materials& drg offenses& drg +recrsorsoffenses& mone landering offenses& offenses against civil aviation activities and

!hich might endanger flight safet and aviation secrit& offenses against !itness

+rotection& offenses against bans on organiations and smbols !ith fascist& racist

and xeno+hobic character and against the +romotion of !orshi+ of +ersons gilt

of crimes against +eace and hmanit& offenses relating to trafficCing in hman

organs& tisses or cells& offenses relating to +reventing and combating

+ornogra+h and relating to ado+tion rles.


31/163

#B

728 The followin# sit!ations may represent

offense>

b8 circ!mstances relatin# to the committe& offense4 which re&!ce the serio!sness

of the offense or the threat pose& by the offen&er.

A("< 76

"he effe,t* of mitiatin ,ir,um*tan,e*

718 In case of miti#atin# circ!mstances4 the special limits of penalty prescribe& by law

for the committe& offense are re&!ce& by onethir&.

728 If the penalty prescribe& by law is life imprisonment4 an& if miti#atin# circ!mstancesapply4 the penalty by imprisonment shall be set to no less than 1@ an& no more than 2@

years.

7(8 Special limits of penalty are re&!ce& only once4 re#ar&less of the n!mber of

miti#atin# circ!mstances applyin#.

A("< 77

Araatin ,ir,um*tan,e*

The followin# constit!te a##ra+atin# circ!mstances:

a8 the offense was committe& by three or more persons to#ether>

b8 the offense was committe& with cr!elty or s!b

c8 the offense was committe& by metho&s or means of a nat!re li3ely to en&an#er

other persons or assets>

&8 the offense was committe& by an offen&er who is of a#e4 if they were

e8 the offense was committe& by ta3in# a&+anta#e of a clear state of +!lnerability

of the +ictim4 ca!se& by a#e4 health4 impairment or other reasons>

f8 the offense was committe& in a state of +ol!ntary into5ication with alcohol or

other psychoacti+e s!bstances4 when s!ch state was in&!ce& with a +iew tocommittin# the offense>

#8 the offense was committe& by a person who too3 a&+anta#e of the sit!ation

ca!se& by a &isaster4 of a state of sie#e or a state of emer#ency>

h8 the offense was committe& for reasons relate& to race4 nationality ethnicity4

lan#!a#e4 #en&er4 se5!al orientation4 political opinion or alle#iance4 wealth4 social

ori#in4 a#e4 &isability4 chronic nonconta#io!s &isease or I$AI6S infection4 or

for other reasons of the same type4 consi&ere& by the offen&er to ca!se the

inferiority of an in&i+i&!al from other in&i+i&!als.


32/163

A("< 78

ffe,t* of araatin ,ir,um*tan,e*718 In case a##ra+atin# circ!mstances e5ist4 sentencin# can #o !p to the special

ma5im!m. If the special ma5im!m is ins!fficient4 in the case of a prison sentence an

a&&ition of !p to 2 years can be a&&e& that cannot e5cee& onethir& of the ma5im!m4 an&

in the case of a fine onethir& of the special ma5im!m can be a&&e& at most.

728 Increasin# the threshol& of the ma5im!m penalty can only be &one once4 irrespecti+e

of the n!mber of a##ra+atin# circ!mstances fo!n&.

A("< 79

Con,urren,e -et%een mitiatin and araatin ,au*e*

718 ,hen two or more stip!lations are applicable to one offense4 that ha+e the effect ofre&!cin# a penalty4 the special threshol& of the penalty stip!late& by law for that offense

shall be re&!ce& by s!ccessi+ely applyin# the stip!lations concernin# attempt4 miti#atin#

circ!mstances an& special cases for sentence re&!ction4 in that or&er.

728 ,hen two or more stip!lations are applicable to one offense4 that ha+e the effect of

increasin# a penalty4 the penalty shall be establishe& by s!ccessi+ely applyin# the

stip!lations concernin# a##ra+atin# circ!mstances4 contin!in# offense4 m!ltiple offenses

or repeat offense.

7(8 ,hen one or more stip!lations are applicable to one offense that ha+e the effect of

re&!cin# a penalty an& one or more stip!lations are applicable that ha+e the effect ofincreasin# a penalty4 the special threshol& of the penalty stip!late& by law for that offense

shall be re&!ce& accor&in# to par. 7184 after which the res!ltin# penalty shall be increase&

accor&in# to par. 728.

$C"! 3

Waier of *enten,e enfor,ement

A("< 80>?

Condition* for %aier of +enalty enfor,ement

718 A Co!rt can wai+e enforcement of a penalty if the followin# con&itions are met:a8 the committe& offense has a low &e#ree of serio!sness4 #i+en the nat!re an&

e5tent of its conse;!ences4 means !se&4 manner an& circ!mstances of commission4

reason an& #oal inten&e&>

b8 consi&erin# the person of the &efen&ant4 their con&!ct before committin# the

offense4 their efforts to remo+e or minimi*e the conse;!ences of their offense4 an&

their li3elihoo& of rehabilitation4 the Co!rt feels that enforcin# a penalty wo!l& be

!ntimely beca!se of its conse;!ences on the &efen&ant.

728 =nforcement of a penalty cannot be wai+e& if:


33/163

a8 the &efen&ant has a pre+io!s con+iction4 e5cept for the cases stip!late& in Art.

-2 lett. a8 an& lett. b8 or for which rehabilitation has ta3en place or the &ea&line for

rehabilitation has arri+e&> b8 the same &efen&ant has alrea&y ha& a case of penalty wai+er #rante& to them in

the 2 years pre+io!s to the commission of the offense for which they are on trial>

c8 the &efen&ant has e+a&e& criminal in+esti#ation or prosec!tion or trie& to

obstr!ct &isco+ery of the tr!th or i&entification an& prosec!tion of themsel+es or

participants in the offense>

#M3

d) the +enalt for that offense is more than > ears of im+risonment.

#B

7(8 In case of m!ltiple offenses4 a wai+er of penalty enforcement can be #rante& if the

con&itions in par. 718 an& par. 728 are met for each of the m!ltiple offenses.#C!

*) According to Art. 2' in a! "1#$%2012 3 #M3 )& the term Dconviction@ sed in Art. #0

+ar. 32) lett. a) in the 5riminal 5ode also refers to 7dgments for an edcational measre

against the defendant !hen the !ere nderage& exce+t for the case !here at least 2

ears have +assed since the date of serving sch measre or since the measre !as

deemed to have been served.

#B

A("< 81Warnin

718 ,hen r!lin# to wai+e a penalty a Co!rt will iss!e the &efen&ant with a warnin#.

728 A warnin# consists of a presentation of the fact!al reasons that le& to the Co!rt

wai+in# enforcement of the penalty an& tellin# the &efen&ant abo!t their f!t!re con&!ct

an& conse;!ences of committin# f!rther offenses.

7(8 nly one warnin# can be #rante& in a sit!ation of m!ltiple offenses.

#M3

A("< 82

Rescission and effects of waiving a penalty31) A defendant !ho has been granted a !aiver of +enalt shall not be sb7ect to an

restriction of rights& ban or inca+acit that might devolve from the offense.

32) A !aiver of +enalt enforcement does not case effects on the serving of secrit

measres and civil obligations ordered in the 5orts 7dgment.

3) f& !ithin 2 ears of the !aiver 7dgment remaining final& it is fond that the reci+ient

of the !aiver had committed another offense +revios to that 7dgment remaining final&

and for !hich a sentence !as retrned even after the ex+ir of that deadline& the !aiver

is canceled and a sentence !ill be enforced for the offense that originall received a


34/163

!aiver& after !hich sti+lations shall a++l& as the case ma be& concerning mlti+le

offenses& re+eat offense or intermediate +lralit.

#B

$C"! -

)o*t+onement of +enalty enfor,ement

A("< 83

Condition* for +o*t+onement of +enalty enfor,ement

718 The Co!rt can r!le to postpone enforcement of a penalty an& set a time perio& to be

ser+e& on probation4 if the followin# con&itions are met:

a8 the sentence4 incl!&in# for a sit!ation of m!ltiple offenses4 is a fine or no more

than 2 years of imprisonment> b8 the &efen&ant &oes not ha+e any pre+io!s prison sentences4 e5cept for the cases

stip!late& in Art. -2 lett. a8 an& lett. b8 or for which rehabilitation has ta3en place

or the &ea&line for rehabilitation has arri+e&>

c8 the &efen&ant has consente& to perform comm!nity ser+ice>

&8 consi&erin# the person of the &efen&ant4 their con&!ct before committin# the

offense4 their efforts to remo+e or minimi*e the conse;!ences of their offense4 an&

their li3elihoo& of rehabilitation4 the Co!rt feels that enforcin# a penalty

imme&iately is not necessary4 b!t it is ne+ertheless man&atory to ha+e their

con&!ct s!per+ise& for a &etermine& perio&.728 =nforcin# a sentence cannot be postpone& if the penalty stip!late& by law for the

committe& offense is no less than ? years of imprisonment or if the &efen&ant has e+a&e&

the criminal in+esti#ation or prosec!tion or trie& to obstr!ct &isco+ery of the tr!th or

i&entification an& prosec!tion of themsel+es or participants in the offense.

7(8 Postponin# enforcement of a prison sentence will also entail postponement of

enforcement of the fine that accompanies the prison sentence accor&in# to Art. /2.

#M3

34) t is mandator to +resent the reasons for +ost+oning enforcement of the sentence and

!arn the defendant abot their ftre condct and conse


35/163

728 )or the &!ration of the probation perio& the person on probation m!st comply with

the probation meas!res an& their obli#ations as part of it4 as or&ere& by the Co!rt.

A("< 8

)ro-ation mea*ure* and o-liation*

718 )or the &!ration of the probation perio&4 a &efen&ant who has been #rante&

postponement of penalty enforcement m!st comply with the followin# probation

meas!res:

a8 report to the Probation Ser+ice on the &ates set by the latter>

b8 recei+e +isits by the probation officer appointe& to s!per+ise them>

c8 #i+e notice of chan#in# &omicile an& of any tra+el lon#er than &ays4 as well as

of their ret!rn &ate>

&8 #i+e notice of chan#in# e8 pro+i&e information an& &oc!ments of a nat!re that will ma3e it possible to

chec3 into their li+elihoo&.

728 The Co!rt can or&er a &efen&ant who has been #rante& postponement of penalty

enforcement to comply with one or se+eral of the followin# obli#ations to:

a8 ta3e classes in school or a +ocational trainin#>

b8 perform comm!nity ser+ice for a &!ration between (@ an& /@ &ays4 in the

con&itions or&ere& by the Co!rt4 e5cept for the case where their health precl!&es

them from performin# that ser+ice. The &aily n!mber of ho!rs to be performe&

shall be establishe& as !n&er the Law on the Ser+ice of Penalties>c8 atten& one or more social reinte#ration pro#rams operate& by the Probation

Ser+ice or #i+en in cooperation with comm!nity entities>

&8 comply with me&ical chec3!ps4 treatment or care>

e8 not comm!nicate with the +ictim or the +ictims family4 with the persons

to#ether with whom they committe& the offense or with other persons as

establishe& by the Co!rt4 or to not #o near s!ch persons>

f8 not be in certain locations or atten& certain sports e+ents4 c!lt!ral e+ents or

p!blic #atherin#s establishe& by the Co!rt>

#8 not &ri+e certain +ehicles establishe& by the Co!rt>

h8 not own4 !se an& carry any cate#ory of weapons>i8 not lea+e 0omanian territory witho!t sec!rin# a#reement from the Co!rt>


36/163

34) ;hen ordering the obligation sti+lated at +ar. 32) lett. e) g)& the 5ort is

s+ecificall cstomiing the contents of that obligation in consideration of the

circmstances of the case.#B

78 The &efen&ant on probation m!st comply in f!ll with their ci+il obli#ations as or&ere&

in the Co!rt

A("< 86

$u+eri*ion

718 6!rin# the probation perio& the information stip!late& in Art. B par. 718 lett. c8 e8

shall be reporte& to the Probation Ser+ice.

728 S!per+isin# compliance with the obli#ations stip!late& in Art. B par. 728 lett. a8 c8

an& par. 78 shall be pro+i&e& by the Probation Ser+ice. Chec3in# into the manner ofcompliance with obli#ations stip!late& in Art. B par. 728 lett. &8 Probation Ser+ice.

7(8 The Probation Ser+ice shall ta3e all necessary steps to ens!re compliance with

obli#ations stip!late& in Art. B par. 728 lett. a8 &84 within the shortest &elay after the

con+iction remaine& final.

7-8 )or the &!ration of the probation perio& the Probation Ser+ice is !n&er an obli#ation

to inform the Co!rt if:

a8 any #ro!n&s ha+e emer#e& to warrant either an amen&ment to the obli#ationsor&ere& by the Co!rt or &iscontin!ation of compliance with some of them>

b8 the person !n&er s!per+ision &oes not comply with probation meas!res or fails

to comply with their obli#ations in the con&itions set for them>

c8 the person !n&er s!per+ision has faile& to comply with their ci+il obli#ations as

or&ere& in the Co!rt

probation perio&.

A("< 87

Amendin or di*,ontinuin o-liation*

718 If &!rin# the probation perio& reasons occ!r that warrant either the or&erin# of newobli#ations or the increase or &ecrease of the e5istin# compliance con&itions4 the Co!rt

shall or&er an amen&ment of the obli#ations accor&in#ly4 to pro+i&e the s!per+ise&

in&i+i&!al with increase& chances for rehabilitation.

728 The Co!rt shall or&er some of the ori#inal obli#ations to cease when it feels that

maintainin# them is no lon#er necessary.


37/163

A("< 88

(eo,ation of +o*t+onement of +enalty enfor,ement718 If &!rin# the probation perio& the s!per+ise& in&i+i&!al4 in illfaith4 fails to comply

with the probation meas!res or obli#ations or&ere& them4 the Co!rt shall re+o3e the

postponement an& r!le to enforce the penalty.

728 In the case where4 before e5piry of the probation perio&4 the s!per+ise& in&i+i&!al

fails to f!lly comply with their ci+il obli#ations as or&ere& in the Co!rt

Co!rt shall re+o3e the postponement an& r!le to enforce the penalty e5cept for the case

where the in&i+i&!al can pro+e they ha& no a+en!e to comply.

7(8 In the case where4 after postponement of penalty enforcement4 the s!per+ise&

in&i+i&!al commits a new offense4 with &irect or obli;!e intent4 which is &isco+ere&

&!rin# the probation perio&4 an& for which a con+iction was ret!rne& e+en after e5piry ofthis term4 the Co!rt shall re+o3e the postponement an& r!le to enforce the penalty. The

penalty enforce& as a res!lt of re+ocation an& the penalty for the new offense shall be

calc!late& accor&in# to the stip!lations concernin# m!ltiple offenses.

7-8 If the new offense is committe& with basic intent4 the Co!rt is at liberty to maintain or

re+o3e the postponement of penalty enforcement. In case of re+ocation the stip!lations of

par. 7(8 shall apply accor&in#ly.

A("< 89

!ullifi,ation of +o*t+onement of +enalty enfor,ement718 If &!rin# the probation perio& the s!per+ise& in&i+i&!al is fo!n& to ha+e committe&

another offense before the &ate when the postponement

which they were sentence& to imprisonment e+en after the e5piry of that term4 the

postponement shall be n!llifie&4 an& the stip!lations shall apply4 as the case may be4 on

m!ltiple offenses4 repeat offense or interme&iate pl!rality.

728 In the case of m!ltiple offenses the Co!rt can or&er a postponement of res!ltin#

penalty enforcement if the con&itions are met that are stip!late& in Art. B(. If the Co!rt

or&ers a postponement of penalty enforcement4 the probation perio& shall start bein#

calc!late& as of the &ate the pre+io!s

enforcement.

A("< 90

ffe,t* of +o*t+onement of +enalty enfor,ement

718 A &efen&ant who has been #rante& a postponement of penalty enforcement shall not

be s!b


38/163

728 Postponement of penalty enforcement &oes not pro&!ce effects on ser+in# the

sec!rity meas!res an& the ci+il obli#ations stip!late& in the Co!rt

$C"! >?

$u*+en*ion of *eri,e of a *enten,e under *u+eri*ion

JCI9

*) Also see Art. 16 in a! "1#$%2012 3 #M3 )& an Article that is re+rodced in endnote 2

to the +dated text.

J

A("< 91

Condition* for *u*+endin *eri,e of a *enten,e under *u+eri*ion718 The co!rt may s!spen& ser+ice of a sentence !n&er s!per+ision if the followin#

con&itions are met:

a8 the penalty impose&4 incl!&in# in case of m!ltiple offenses4 is a term of no more

than three years of imprisonment>

b8 the offen&er was not pre+io!sly con+icte& to imprisonment for a term e5cee&in#

one year4 e5cept as !n&er Art. -24 when rehabilitation has ta3en place or the

&ea&line for rehabilitation has arri+e&>

c8 the offen&er a#ree& to perform comm!nity ser+ice>

&8 by consi&erin# the offen&ers person4 the offen&ers con&!ct prior to the

commission of the criminal offense4 their efforts to eliminate or miti#ate the

conse;!ences of s!ch criminal offense an& their means of reformation4 the co!rt

feels that the penalty is s!fficient4 e+en witho!t ser+ice thereof4 that the con+ict

will not commit other offenses4 b!t that it is necessary to monitor their beha+ior

for a limite& perio& of time.

728 ,here imprisonment is accompanie& by a fine as !n&er Art. /24 the penalty fine shall

be enforce& e+en if the ser+ice of the prison sentence was s!spen&e& !n&er s!per+ision.

7(8 S!spension of ser+ice of a sentence !n&er s!per+ision may not be or&ere& if:

a8 a fine is the only penalty>

b8 enforcement of the sentence was initially postpone&4 an& s!ch postponementwas s!bse;!ently re+o3e&>

c8 the &efen&ant has e+a&e& criminal in+esti#ation or prosec!tion or trie& to

obstr!ct &isco+ery of the tr!th or i&entification an& prosec!tion of themsel+es or

participants in the offense.

7-8 It is man&atory to s!bmit the #ro!n&s for their sentence4 as well as those that le& to

the s!spension of the sentence enforcement an& to warn the con+ict abo!t their f!t!re

con&!ct an& abo!t the conse;!ences they are e5pose& to if they contin!e to commit


39/163

offenses or fail to comply with the s!per+ision meas!res or to f!lfill their obli#ations

&!rin# the term of s!per+ision.

A("< 92

"erm of *u+eri*ion

718 The term of s!spension of a sentence !n&er s!per+ision shall be the con+icts

s!per+ision perio&4 which ran#es from 2 to - years4 b!t may not be shorter than the term

of the sentence enforce&.

728 The s!per+ision perio& shall be calc!late& from the &ate when the &ecision to ha+e

the sentence ser+e& !n&er s!per+ision was ret!rne& an& remaine& final.

7(8 6!rin# the s!per+ision perio& a con+ict m!st comply with s!per+ision meas!res an&

f!lfill their obli#ations in the terms set o!t by the Co!rt.

A("< 93

$u+eri*ion mea*ure* and o-liation*

718 6!rin# the s!per+ision perio&4 a con+ict shall comply with the followin# s!per+ision

meas!res:

a8 report to the Probation Ser+ice on the &ates set by the latter>

b8 recei+e +isits by the probation officer appointe& to s!per+ise them>

c8 #i+e notice of chan#in# &omicile an& of any tra+el lon#er than &ays4 as well as

of their ret!rn &ate>

&8 #i+e notice of chan#in# e8 pro+i&e information an& &oc!ments of a nat!re that will ma3e it possible to

chec3 into their li+elihoo&.

728 The Co!rt can or&er a &efen&ant to comply with one or se+eral of the followin#

obli#ations to:

a8 ta3e classes in school or a +ocational trainin#>

b8 atten& one or more social reinte#ration pro#rams operate& by the Probation

Ser+ice or #i+en in cooperation with comm!nity entities>

c8 comply with me&ical chec3!ps4 treatment or care>

&8 not lea+e 0omanian territory witho!t sec!rin# a#reement from the Co!rt>

7(8 6!rin# the s!per+ision perio&4 a con+ict shall perform comm!nity ser+ice for a perio& between /@ an& 12@ &ays4 !n&er the terms set o!t by Co!rt4 !nless their health

pre+ents them from performin# s!ch wor3. The &aily n!mber of ho!rs shall be

&etermine& by the Law on the Ser+ice of Penalties.

J'(

7-8 In &eterminin# the content of the obli#ation set o!t in par. 7(84 the Co!rt shall cons!lt

the information pro+i&e& perio&ically by the Probation Ser+ice on the e5istin# concrete

capacities to ser+e at the le+el of the Probation Ser+ice an& the comm!nity instit!tions.

J


40/163

78 The con+ict m!st comply in f!ll with their ci+il obli#ations as or&ere& in the Co!rt

A("< 9/

$u+eri*ion of ,oni,t

718 6!rin# the s!per+ision term4 the &ates stip!late& in Art. E( par. 718 lett. c8 e8 shall be

notifie& to the Probation Ser+ice.

728 )!lfillment of the obli#ations set o!t in Art. E( par. 728 lett. a8 an& b84 par. 7(8 an& par.

78 is s!per+ise& by the Probation Ser+ice. The way the obli#ations !n&er Art. E( par. 728

lett. c8 an& &8 are f!lfille& is +erifie& by the competent a!thorities4 which shall notify the

Probation Ser+ice of any +iolation thereof.

7(8 The Probation Ser+ice shall ta3e all necessary steps to ens!re that the obli#ations

stip!late& in Art. E( par. 728 lett. a8 an& b8 an& par. 7(8 are met as soon as possible as ofthe &ate when the

7-8 6!rin# the s!per+ision term4 the Probation Ser+ice shall notify the co!rt if:

a8 certain reasons

co!rt or cessation of some of them ha+e appeare&>

b8 the s!per+ise& person &oes not comply with the s!per+ision meas!res or fails to

meet their obli#ations !n&er the establishe& con&itions>

c8 the s!per+ise& person has not met their ci+il obli#ations as !n&er the Co!rt

A("< 9

Chane or ,e**ation of o-liation*

718 If &!rin# the s!per+ision term reasons

obli#ations or the e5tension or re&!ction of the ser+ice con&itions for those e5istin#

appeare&4 the co!rt or&ers the chan#e of obli#ations accor&in#ly so as to ens!re better

chances for the con+ict to reform.

728 The co!rt s!spen&s ser+ice of some of the obli#ations impose& by it when it &eems

that their maintainin# is no lon#er re;!ire&.

A("< 96(eo,ation of *u*+en*ion of *enten,e enfor,ement under *u+eri*ion

718 If &!rin# the s!per+ision term4 a s!per+ise& person4 in illfaith4 &oes not comply with

the s!per+ision meas!res or fails to perform the obli#ations impose& or establishe& by

law4 the co!rt shall re+o3e s!spension an& shall or&er ser+ice of the penalty.

728 If before e5piry of the s!per+ision term4 a s!per+ise& person &oes not f!lly perform

their ci+il obli#ations establishe& by the co!rt

s!spension an& shall enforce the sentence4 !nless the person pro+es to ha+e been !nable

to f!lfill s!ch obli#ations.


41/163

7(8 If the fine accompanyin# imprisonment !n&er Art. /2 was not pai& an& was replace&

by imprisonment p!rs!ant to Art. /( par. 728 or Art. /- par. 78 an& par. 7/84 the co!rt

shall re+o3e s!spension an& shall enforce the sentence4 pl!s the imprisonment whichreplace& the criminal fine.

7-8 If &!rin# the s!per+ision term a con+ict commits a new offense4 which is &isco+ere&

before the terms e5piry an& for which a sentence of imprisonment was ret!rne&4 e+en

after the e5piry of this term4 the co!rt shall re+o3e s!spension an& shall enforce the

sentence.

78 The main penalty for the new offense is establishe& an& ser+e&4 as applicable4

accor&in# to the stip!lations relatin# to repeat offenses or interme&iary pl!rality.

7/8 If the s!bse;!ent offense is committe& with basic intent4 the co!rt may retain or

re+o3e s!spension of the sentence enforcem

noul cod penal en

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