TITLE II
COMPETENCE

CHAPTER I
TYPES OF COMPETENCE

Section II
Territorial Competence

Art. 30 - The competence according to territory is determined by :

a) the place where the offence was perpetrated ;
b) the place where the perpetrator has been caught ;
c) the place where the perpetrator lives ;
d) the place where the victim lives.

The case is tried by the competent court under paragraph 1, in whose territorial area the criminal investigation was performed.

When the criminal investigation is performed by the General Prosecutor’s Office attached to the Supreme Court of Justice or by the prosecutor’s offices attached to the courts of appeal or to tribunals, or by a central or regional investigation body, the prosecutor settles by charge, the court among those stipulated at paragraph 1 who has the competence to try, by ensuring a good progress of the criminal trial, taking into account the circumstances of the case.

By “the place of perpetration of the offence” one understands the place where the criminal activity was perpetrated, completely or partially, or the place where its result was produced.

TITLE II
COMPETENCE

CHAPTER I
TYPES OF COMPETENCE

Section II
Territorial Competence

Art. 31 - The offences committed outside the country are tried, according to the case, by the civil or military courts in whose territorial area the perpetrator lives or has the domicile. If the latter neither lives, nor has the domicile, in Romania, and the deed falls under the competence of the first instance court, it is tried by the Court of First Instance of sector 2, and in the other cases, by the competent court, according to the matter and quality of the person, of Bucharest, in case the law does not stipulate otherwise.

The offence committed on a ship falls under the competence of the court in whose territorial area the first Romanian port where the ship anchors is located, in case the law does not stipulate otherwise.
The offence committed on an airship falls under the competence of the court in whose territorial area the first landing place on Romanian territory is located.

If the ship does not anchor in a Romanian port or the airship does not land on Romanian territory, the competence is that stipulated by paragraph 1, in case the law does not stipulate otherwise.