Murder (Romanian law)

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According to the Romanian penal code, the maximum punishment a person can get for the unlawful killing of another is life imprisonment. [1]

The Penal Code of Romania is a document providing the legal basis regarding criminal law in Romania. The Code contains 446 articles. The articles mention aspects such as the national boundaries of law and the crimes that fall under the incidence of penal law. Judicial discretion 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.

Life imprisonment is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until paroled. Crimes for which, in some countries, a person could receive this sentence include murder, attempted murder, conspiracy to commit murder, blasphemy, apostasy, terrorism, severe child abuse, rape, child rape, espionage, treason, high treason, drug dealing, drug trafficking, drug possession, human trafficking, severe cases of fraud, severe cases of financial crimes, aggravated criminal damage in English law, and aggravated cases of arson, kidnapping, burglary, or robbery which result in death or grievous bodily harm, piracy, aircraft hijacking, and in certain cases genocide, ethnic cleansing, crimes against humanity, certain war crimes or any three felonies in case of three strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offenses causing death. The life sentence does not exist in all countries, and Portugal was the first to abolish life imprisonment, in 1884. For more info about life imprisonment in other countries worldwide, refer here.

Contents

Degrees of murder

Under the new penal code, which came into force on 1 February 2014, offences involving the unlawful killing of a person are classified as: [2]

Art 188 Murder (Omorul) - where no aggravating circumstances exist: punishment 10 - 20 years, ban on the exercise of certain rights

Art. 189 Aggravated murder (Omorul calificat) Murder committed under any of the following circumstances: a) with premeditation; b) for a material interest; c) in order to avoid or to help another individual avoid criminal liability or the service of a sentence; d) in order to facilitate or conceal the commission of another offense; e) by an individual who committed other murders or attempted murders previously; f) against two or more individuals; g) against a pregnant woman; h) with cruelty; - shall be punished by life imprisonment or no less than 15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights.

Art. 190 Killing upon request by the victim (Uciderea la cererea victimei) "Killing committed upon explicit, serious, conscious and repeated request by a victim suffering from an incurable disease or from a serious impairment, attested medically, which causes permanent and unbearable suffering shall be punishable by no less than 1 and no more than 5 years of imprisonment"

Art 192: Negligent killing (Uciderea din culpa): 1-5 years; in aggravating circumstances 2-7 years; if against several persons the special limits of the penalty are increased by one-half

Art 200: Infanticide (Uciderea ori vatamarea nou-nascutului savarsita de catre mama) 1-5 years;

Infanticide is the intentional killing of infants.

Art 199 Domestic violence (Violenta in familie) states: (1) If the acts set by Art. 188, Art. 189 and Art. 193– 195 are committed against a family member, the special maximum term of the penalty set by law shall be increased by one-fourth

Also, violence causing death (where death was not intended) can be subject to Art 195: Battery and bodily harm causing death (Lovirile sau vatamarile cauzatoare de moarte): 6 -12 years of imprisonment.

There is also the offense of Determining or facilitating suicide (Determinarea sau înlesnirea sinuciderii Art 191): 3-7 years punishment; in aggravating circumstances: if the victim was aged 13-18, 5-10 years; if the victim was younger than 13 years of age the punishment is 10-20 years.

See also

Related Research Articles

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References