The General Part

Title I
Criminal law and its application restrictions

Chapter II
Criminal Law Application

Section 2
Criminal Law application in space

Territorial nature of Criminal Law

Art.10 - (1) Criminal Law shall apply to offences committed on Romanian territory.

(2) “Romanian territory” means the surface of land and water comprised by the State borders, including inner sea waters, the underground and the aerial space, as well as territorial sea with its soil, underground and aerial space.

(3) An offence is committed on Romanian territory also when it has been committed on a ship under the Romanian flag or a Romanian aircraft, as well as when only an execution act has been carried out or the result of the offence occurred on Romanian territory or on a ship under the Romanian flag or on a Romanian aircraft .

Criminal Law personality

Art.11 - Criminal law shall apply to offences perpetrated outside Romanian borders, by a Romanian citizen or by a person without citizenship which resides in Romania, if the act is provided as an offence also by the criminal law of the country of perpetration.

Criminal law reality

Art.12 - (1) Criminal law shall apply to offences committed outside Romanian territory by a foreign citizen or by a person without citizenship which resides in Romania, against national security or the security of the Romanian State, against a Romanian citizen or against a Romanian legal entity, if the Romanian law provides the penalty of life detention or severe detention.

(2) The initiation of criminal action against offences provided in paragraph (1) shall be done solely with prior authorisation from the General Prosecutor from the Prosecutor's Office attached to the Supreme Court of Justice.

Criminal law universality

Art.13 - (1) Criminal law shall apply also to other offences than those in Article 12 para. (1), committed outside Romanian territory, by a foreign citizen or by a person without citizenship which does not reside in Romania, if :

a) the act is provided as an offence also by the criminal law of the country of
perpetration ;
b) the perpetrator is in our country.

(2) For offences against the interests of the Romanian State or against a Romanian citizen, the perpetrator can be tried also in the case when his/her extradition has been obtained.

(3) Para.(1) and (2) shall not apply when, according to the law of the State of perpetration, there is a cause that hinders the initiation of criminal action or the continuation of the criminal lawsuit or the execution of the penalty or when the penalty has been executed or it is considered to have been executed.

(4) When the penalty has not been executed or has been executed only in part, the course of action shall be in accordance with the legal stipulations on recognition of foreign judgments.

Criminal law and international conventions

Art.14 - Articles 11- 13 shall apply if no international convention to which Romania is a Party ordains otherwise.

Jurisdiction immunity

Art.15 - Criminal law does not apply to offences committed by diplomatic representatives of foreign States or by other persons who, according to international conventions, are not subject to criminal jurisdiction in Romania.