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Penal Code of Romania

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respectively, and the current code being based on a modernized understanding of the law, within the European context, in the 21st century. Each of these codes had been modified several times after their enactment, including in connection with a change of political regime, such as the installation of
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and various international treaties signed by Romania. In this context, the code redefined the concept of criminal offences, adjusted prison sentences, amended the mechanisms by which criminal fines are calculated, eliminated prison sentences for juvenile offenders (replacing them with educational
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The code is divided into a General Part and a Special Part. The former contains general provisions on offences, penalties, criminal liability, the status of minors, security measures, and prescription, while the latter regulates individual offences, which are grouped into twelve titles, plus an
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The Code was also republished in 1997. In post-communist Romania, reforms to the 1969 criminal code have gone in several directions. On one hand, several offenses were decriminalized, as they were seen as outdated, or otherwise inappropriate for a democratic society. On the other hand, the
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After the communists came into power, they made several changes to the Code, in accordance with communist ideology, but the Code remained in force until January 1, 1969, when the new Ceaușescu Penal Code replaced it.
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outlaws the death penalty. Many changes were made to the Ceauşescu Code in the 1990 - 2014 period, in order to rid it of communist ideology and modernize it, including with regard to
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The 1936 penal code applied nationwide, providing for the first time a unitary legislation on the territory of Romania, replacing the Hungarian Penal Code (known as
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is granted by the Code through the use of minimum and maximum sentences. The most recent version of the Romanian Penal Code has come into effect on 1 February 2014.
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additional title comprising final provisions. Compared to the Code of 1969, the new code is longer, comprising 446 articles versus its predecessor's 363.
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was defined as being given in order to punish the crime, not the person committing it. The concept of individual punishments (as opposed to
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In the modern history of Romania, there have been four criminal codes, the first three codes being associated with the rulings of
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was not mentioned throughout the code; attempting to commit a crime was punished just as harshly as if the crime happened. The
411: 166: 518: 238:. The Code was now expressly mentioning the concept of complicity to crime. It also included specific definitions of 642: 391:[https://web.archive.org/web/20150308121055/http://www.just.ro/LinkClick.aspx?fileticket=Wpo7d56II%2FQ%3D Archived 165:) was introduced in order to standardize the many changes in the legal system that have arisen as a result of the 703: 678: 371: 327: 733: 118: 533:"Art. 200 Cod penal Relaţiile sexuale între persoane de acelaşi sex INFRACŢIUNI PRIVITOARE LA VIAŢA SEXUALĂ" 635: 299: 279: 224: 57: 318:
have become more severe, due to societal concern about violence during the difficult transition period.
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regulations into national law and ensure the observance of human rights provisions contained by the
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measures) and introduced new offences against persons, property, justice and professional conduct.
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and the framework of the sexual offenses chapter, with changes including the decriminalization of
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The Code did not criminalize prostitution. Cannabis consumption was not a punishable offense.
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A new Penal Code (Law no. 286/2009) came into force on 1 February 2014, together with a new
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the communist regime after World War II, and the fall of the communist regime after the
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The Penal Code of 1865 marked the beginning of unitary penal law in Romania.
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The Penal Code of 1936 remained unchanged in terms of complicity to crime.
129: 32:. The Code contains 446 articles. The articles mention aspects such as the 25: 73:
The Romanian Penal Code was first issued in 1865, under the leadership of
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of law and the crimes that fall under the incidence of penal law.
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Based on the Code, crimes were classified under three headings:
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was to receive the same punishment as the author of the crime.
125: 93:. The Code has been developed using several notions from the 408:"The Penal code of 1865: murder and other serious offences" 195:
since 1880, and the Austrian Penal Code (promulgated under
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ideals. Capital punishment was a lawful punishment.
24:) is a document providing the legal basis regarding 725: 282:has been updated 29 times as of December 2008. 215:The Penal Code of 1969 has been developed under 89:, which since 1859 were united under a single 643: 657: 650: 636: 458:"Narcotics in the Interwar Romanian prose" 433:"Short history of prostitution in Romania" 321: 210: 153: 68: 227:has been introduced as a legal offense. 169:. The new Code was heavily updated; the 273: 231:were classified as a criminal offense. 726: 158:The Penal Code of 1936 (also known as 631: 483:"Codul Penal din 1936 - Lege5 Online" 234:Nonetheless, the Code retained the 181:) has been introduced in the Code. 13: 14: 770: 586:"Romania has a New Criminal Code" 712: 314:punishments for several violent 602: 578: 553: 377: 372:Penal Procedure Code of Romania 81:) standardized the laws of the 539: 525: 511: 500: 475: 450: 425: 400: 384: 77:. The Code (also known as the 1: 199:) which had been in force in 191:) which had been in force in 173:was expressly mentioned. The 119:Cruel and unusual punishments 346: 7: 397:Romanian Penal Code of 2014 355: 316:offences against the person 280:Romanian Revolution of 1989 58:Romanian Revolution of 1989 10: 775: 105:included the principle of 63: 710: 669: 278:The Penal Code after the 83:Principality of Wallachia 290:, as the post-Communist 236:presumption of innocence 171:presumption of innocence 561:"Noul Cod Penal (2014)" 292:Constitution of Romania 87:Principality of Moldova 22:Codul penal al României 322:The Penal Code of 2014 211:The Penal Code of 1969 154:The Penal Code of 1936 69:The Penal Code of 1865 734:Romanian criminal law 219:and in accordance to 197:Emperor Franz Josef I 179:collective punishment 99:Penal Code of Prussia 18:Penal Code of Romania 343:was decriminalized. 328:Penal Procedure Code 274:Post-1989 amendments 95:Penal Code of France 45:Alexandru Ioan Cuza 38:Judicial discretion 34:national boundaries 612:. 16 December 2013 507:Penal Code of 1936 393:2015-03-08 at the 286:was replaced with 284:Capital punishment 217:Nicolae Ceaușescu 160:The Penal Code of 111:capital punishment 721: 720: 296:domestic violence 288:life imprisonment 136:. The concept of 121:were prohibited. 109:. Instead of the 53:Nicolae Ceaușescu 766: 716: 689:Fiscal procedure 652: 645: 638: 629: 628: 622: 621: 619: 617: 606: 600: 599: 597: 595: 590: 582: 576: 575: 573: 572: 563:. Archived from 557: 551: 550: 543: 537: 536: 529: 523: 522: 515: 509: 504: 498: 497: 495: 494: 485:. Archived from 479: 473: 472: 470: 469: 460:. Archived from 454: 448: 447: 445: 444: 435:. Archived from 429: 423: 422: 420: 419: 410:. Archived from 404: 398: 388: 310:relationships 189:The Csemegi Code 138:attempted crimes 774: 773: 769: 768: 767: 765: 764: 763: 724: 723: 722: 717: 708: 704:Penal procedure 679:Civil procedure 665: 656: 626: 625: 615: 613: 608: 607: 603: 593: 591: 588: 584: 583: 579: 570: 568: 559: 558: 554: 545: 544: 540: 531: 530: 526: 517: 516: 512: 505: 501: 492: 490: 481: 480: 476: 467: 465: 456: 455: 451: 442: 440: 431: 430: 426: 417: 415: 406: 405: 401: 395:Wayback Machine 389: 385: 380: 358: 349: 324: 276: 229:Homosexual acts 213: 156: 71: 66: 12: 11: 5: 772: 762: 761: 756: 751: 746: 741: 739:Criminal codes 736: 719: 718: 711: 709: 707: 706: 701: 696: 691: 686: 681: 676: 670: 667: 666: 655: 654: 647: 640: 632: 624: 623: 601: 577: 552: 538: 524: 510: 499: 474: 449: 424: 399: 382: 381: 379: 376: 375: 374: 369: 364: 362:Law of Romania 357: 354: 348: 345: 323: 320: 275: 272: 264:war propaganda 212: 209: 155: 152: 134:contraventions 107:legal equality 70: 67: 65: 62: 9: 6: 4: 3: 2: 771: 760: 757: 755: 752: 750: 747: 745: 742: 740: 737: 735: 732: 731: 729: 715: 705: 702: 700: 697: 695: 692: 690: 687: 685: 682: 680: 677: 675: 672: 671: 668: 664: 660: 653: 648: 646: 641: 639: 634: 633: 630: 611: 605: 587: 581: 567:on 2015-05-17 566: 562: 556: 548: 542: 534: 528: 520: 514: 508: 503: 489:on 2015-06-11 488: 484: 478: 464:on 2012-09-14 463: 459: 453: 439:on 2013-08-15 438: 434: 428: 414:on 2013-06-18 413: 409: 403: 396: 392: 387: 383: 373: 370: 368: 367:Criminal code 365: 363: 360: 359: 353: 344: 342: 337: 333: 329: 319: 317: 311: 309: 305: 301: 297: 293: 289: 285: 281: 271: 269: 265: 261: 257: 253: 249: 245: 241: 237: 232: 230: 226: 222: 218: 208: 204: 202: 198: 194: 190: 185: 182: 180: 176: 172: 168: 167:Union of 1918 164: 163: 151: 148: 145: 143: 139: 135: 131: 127: 122: 120: 116: 112: 108: 104: 100: 96: 92: 88: 84: 80: 76: 61: 59: 54: 50: 46: 41: 39: 35: 31: 27: 23: 19: 698: 614:. Retrieved 604: 592:. Retrieved 580: 569:. Retrieved 565:the original 555: 541: 527: 513: 502: 491:. Retrieved 487:the original 477: 466:. Retrieved 462:the original 452: 441:. Retrieved 437:the original 427: 416:. Retrieved 412:the original 402: 386: 378:Bibliography 350: 341:Prostitution 336:Constitution 325: 312: 277: 267: 263: 260:prostitution 259: 255: 251: 247: 243: 239: 233: 214: 205: 203:since 1852. 193:Transylvania 188: 186: 183: 159: 157: 149: 146: 130:misdemeanors 123: 102: 91:Principality 78: 72: 42: 26:criminal law 21: 17: 15: 759:2014 in law 754:1969 in law 749:1936 in law 744:1865 in law 659:Legal codes 115:penal labor 728:Categories 616:16 January 594:16 January 571:2014-02-19 493:2013-07-13 468:2013-07-14 443:2013-07-14 418:2013-07-13 308:homosexual 300:parasitism 240:infraction 225:Parasitism 142:accomplice 547:"Adulter" 347:Structure 103:Cuza Code 79:Cuza Code 75:A.I. Cuza 356:See also 332:European 304:adultery 201:Bukovina 175:sentence 162:Carol II 97:and the 49:Carol II 663:Romania 248:perjury 244:attempt 221:Marxist 126:delicts 101:. The 64:History 30:Romania 694:Labour 684:Fiscal 699:Penal 674:Civil 589:(PDF) 268:theft 256:bribe 618:2015 596:2015 306:and 266:and 252:rape 132:and 85:and 51:and 16:The 661:of 28:in 730:: 302:, 270:. 262:, 258:, 254:, 250:, 246:, 242:, 128:, 117:. 60:. 47:, 651:e 644:t 637:v 620:. 598:. 574:. 549:. 535:. 521:. 496:. 471:. 446:. 421:. 20:(

Index

criminal law
Romania
national boundaries
Judicial discretion
Alexandru Ioan Cuza
Carol II
Nicolae Ceaușescu
Romanian Revolution of 1989
A.I. Cuza
Principality of Wallachia
Principality of Moldova
Principality
Penal Code of France
Penal Code of Prussia
legal equality
capital punishment
penal labor
Cruel and unusual punishments
delicts
misdemeanors
contraventions
attempted crimes
accomplice
Carol II
Union of 1918
presumption of innocence
sentence
collective punishment
Transylvania
Emperor Franz Josef I

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