'Genocide' in document 'Romania - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Genocide

Art.172 – (1) The commission of one of the following acts in order to completely or partly destroy a community or a national, ethnic, racial or religious group :

• a) killing of the members of the community or group ;
b) serious infringement upon the physical or mental integrity of the members of the community or group ;
c) subjection of the community or group to living conditions or treatment likely to lead to physical destruction ;
d) taking measures tending to hinder births in the community or group ;
e) forced transfer of children belonging to a community or group into another community or group,

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Genocide

Art.172 – (1) The commission of one of the following acts in order to completely or partly destroy a community or a national, ethnic, racial or religious group :

• a) killing of the members of the community or group ;
b) serious infringement upon the physical or mental integrity of the members of the community or group ;
c) subjection of the community or group to living conditions or treatment likely to lead to physical destruction ;
d) taking measures tending to hinder births in the community or group ;
e) forced transfer of children belonging to a community or group into another community or group,

shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

(2) Agreement in order to commit the offence of genocide shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Sanctions for attempt

Art.177 – Attempt to the crimes in this chapter shall be sanctioned by the penalty provided for the offence when it took place or by a penalty within the limits immediately inferior to the penalty provided in the law for the offences when it took place.

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.