Criminal Code of the Republic of Romania (UT)

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to believe that these acts were true is admissible for the defence of a legitimate interest. (3) For acts concerning the private life of a person that affect this person’s capacity to exercise public office, the proof of truthfulness or the proof that the perpetrator had reasonable grounds to believe that these acts were true is admissible without the need to prove a legitimate interest. Chapter IX Delicts against family Bigamy Art.227 – (1) Conclusion of a marriage by a person who is married shall be punished by imprisonment from 3 months to one year or by days/fine. (2) An unmarried person who gets married to a person about whom he/she knows that she/he is married, shall be punished by imprisonment from one month to 6 months or by days/fine. (3) Acts in the present article shall not be sanctioned if the first or the second marriage is declared null for another reason than bigamy. Desertion of family Art.228 – (1) Commission by the holder of the legal obligation of maintenance, with regard to a person in title to maintenance, of one of the following acts: a) deserting, sending away or leaving helpless or subjecting to physical or moral suffering; b) failure in ill faith to fulfil the obligation of maintenance provided in the law; c) failure in ill faith to pay, for two months, the child support allowance established by the court, shall be punished by strict imprisonment from one to 3 years or by days/fine. (2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability. (3) If there is no reconciliation of the parties, but during the trial the defendant fulfils the obligations, the court, if it finds him/her guilty, shall pronounce a conviction with conditional suspension of the penalty, even if the conditions of Art.95 are not met. (4) Revocation of conditional suspension shall only take place if during the trial period the convict commits a new offence of desertion of family. (5) Para.(3) shall apply only for the perpetrator’s first conviction for desertion of family. Ill treatment applied to minors Art.229 – The act of seriously jeopardising either by measures or treatments of any kind, the minor’s physical, intellectual or moral development, committed by the parents or by any person entrusted with the minor for raising and education, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights. Non-abidance by measures for child entrustment Art.230 – (1) If a parent keeps his/her minor child without the approval of the other parent or of the person entrusted with the minor according to the law, he/she shall be punished by imprisonment from one month to one year or days/fine. (2) The same penalty shall also sanction the act of a person, entrusted with the minor by court decision, for raising and education, of repeatedly preventing any of the parents from having personal contact with the minor, according to the conditions agreed upon by the parties or by the qualified body. (3) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability. Corruption acts related to adoption Art.231 – (1) The act of a parent or of the legal representative of a child who claims or receives, either for him/herself or for another, money or other benefits in exchange for the child’s adoption, shall be punished by strict imprisonment from 2 to 7 years and the prohibition of certain rights. (2) The same penalty shall also sanction the act of a person acting as intermediary or facilitating a child’s adoption in order to obtain undue advantage. Sanctions for legal entities Art.232 – Legal entities shall be sanctioned for the offence provided in Art.231 para.(2). Chapter X Crimes and delicts against good usage Outrage against good usage and disturbing public order Art.233 – (1) The act of a person who, in public, commits acts or gestures or utters words or expressions, or has any other legislationline.org/download/action/download/id/1695/f ile/…/prev iew

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