Kiri

Dear colleagues,

In order to assess future requests issued by the Romanian authorities concerning certain offences of low degree gravity, please inform us if the following offences are incriminated according to your legislation.

Please find attached an excerpt of the relevant Romanian legislation:

Criminal Code

Road traffic offences:

ART. 335 Driving a vehicle without a driving license

(1) Driving a vehicle or a tramway, on public roads, without having a driving license shall be punishable by no less than 1 and no more than 5 years of imprisonment.

(2) Driving, on public roads, a vehicle for which a driving license is required by law, by an individual who owns a driving license which was issued for a different category or subcategory than the one in which the vehicle is included, or whose license has been withdrawn or rescinded or who is not entitled to drive vehicles in Romania shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.

(3) The same penalty shall apply to the person who knowingly entrusts a vehicle for which the law requires a license for driving on public roads, to an individual who they know is in one of the situations referred to in par. (1) or par. (2) or under the influence of alcohol or of psychoactive substances.

ART. 336 Driving a vehicle under the influence of alcohol or other substances

(1) Driving, on public roads, a vehicle for which a driving license is required by law, by an individual who, at the time when biological samples were taken, has a blood alcohol concentration exceeding 0.80 g/l shall be punishable by no less than 1 and no more than 5 years of imprisonment or by a fine.

(2) The same penalty shall be applied to an individual who, while under the influence of psychoactive substances, drives a vehicle for which a driving license is required by law.

(3) If the individual who is in one of the situations set out in par. (1) and par. (2) carries out activities such as public passenger transportation, transportation of hazardous substances or products or is imparting practical training to candidates wishing to obtain a driving license or during the practical tests of the examination sit to obtain the driving license, they shall be punishable by no less than 2 and no more than 7 years of imprisonment.

ART. 337 Refusing or avoiding to provide biological samples

The act of refusing or avoiding, by the driver of a vehicle for which a driving license is required by law, or by the driving instructor, during training, or by the examiner of the competent authority, during the practical tests of the examination foe obtaining a driving license, to provide the biological samples required to determine the presence of alcohol or of psychoactive substances in the blood stream shall be punishable by no less than 1 and no more than 5 years of imprisonment.

ART. 378 Family abandonment

(1) The commission by an individual having a legal obligation of support with regard to an individual entitled to receive such support, of one of the following acts:

a) abandoning, sending away or leaving helpless, and thus subjecting them to physical or moral suffering;

b) failure, in ill-faith, to fulfill their obligation of support provided by the law;

c) failure, in ill-faith, to pay, for two months, the support allowance established by a Court,

shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.

(2) The same penalty shall apply to the failure, in ill-faith, by the convict to pay the regular benefits established by Court order in favor of the individuals entitled to support, for the victim of the crime.

(3) Criminal action shall be initiated based on a prior complaint filed by the victim.

(4) The act shall not be punishable if, before commencing the criminal action, the defendant meets their obligations.

(5) If, before the Court order remains final, the defendant meets their obligations, the Court shall order, as applicable, the deferred enforcement of the penalty, or the suspended service of the sentence under supervision, even if the requirements provided by the law for such action are not met.

ART. 262 Illegal crossing of the border

(1) Entering or leaving the country by fraudulently crossing Romania's state border shall be punished by an imprisonment year between 6 months and 3 years or by a fine.

(2) If the act set out in par. (1) was committed:

a) in order to avoid criminal liability or the serving of a sentence or of an custodial educational measure;

(b) by an alien who was declared undesirable or who was denied entry or stay in the country, in any way, the penalty shall consist of no less than 1 and no more than 5 years of imprisonment.

(3) The attempt shall be also punishable.

ART. 228 Theft (with small damage value)

(1) The act of taking a movable asset from another person’s possession or control, without the latter’s consent, in order to unlawfully appropriate it, shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.

(2) The action is a theft also when the asset belongs fully or partly to the perpetrator, buy at the time of commission the asset in question was in the legitimate possession or control of another person.

The forestry Code

ART. 143 Illegal cut of trees

(1) Cutting down trees without the right in the FFN, regardless of the form of ownership, constitutes a forestry crime and is punishable as follows:

a) by imprisonment from 6 months to 3 years or a fine, if the value of the damage caused is up to 5 times the average price of a cubic meter of wood at the date of the crime;

b) by imprisonment from one year to 5 years and the prohibition of exercising the right provided for in art. 66 para. (1) letter g) of the Criminal Code, if the value of the damage caused is between the limit provided for in letter a) and at most 20 times higher than the average price of a cubic meter of wood at the date of the crime;

Kind regards,

Division for International Judicial Cooperation in Criminal Matters

Ministry of Justice of Romania

17, Apolodor Street, 5th Sector, 050741

[email protected];   

www.just.ro