The General Part

Title II
Offences

Chapter VII
Plurality of offences

Relapse

Art.50 – (1) There is relapse in the following cases :

• a) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict ;
b) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict ;
c) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty ;
d) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty.

(2) There is relapse also when one of the penalties in para.(1) is life detention.

(3) In order to establish the relapse, a decision of conviction handed down abroad for an act provided also in Romanian law shall be taken into account, if it has been recognized according to the law.

Sanction for relapse

Art.51 – (1) For relapse after conviction provided in Art.50 para.(1) a) the rules of the concurrence of offences shall apply. If the convicted person has executed a part of the penalty, the rules for concurrence of offences shall apply taking into account the penalty left to be executed.

(2) For relapse after conviction provided in Art.50 para.(1) b), the penalty established for the offence committed afterwards and the penalty applied for the previous offence shall be cumulated, while not exceeding the general maximum of the immediately superior penalty. Should the convicted person have executed a part of the penalty already, the cumulation shall be made between the penalty left to be executed and the penalty for the offence committed afterwards.

(3) For relapse after execution provided in Art.50 para.(1) c) and d), a penalty that can be increased by 10 years, within the restrictions of the immediately superior penalty can be applied.