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.
The General Part
Title I
Criminal law and its application restrictions
Chapter II
Criminal Law Application
Section 2
Criminal Law application in space
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.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.