'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' 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

Inhuman treatment

Art.173 – (2) The same penalty shall also sanction the commission with regard to the persons in para.
(1) of one of the following acts :

d) dislocation or deprivation of freedom with no legal grounds ;
e) conviction or execution without prior judgment by a court founded legally and that judged the case in observance of the fundamental judicial safeguards provided in the law.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.