Universal jurisdiction

Romania

Romania - Criminal Code 2009 (2014) EN

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.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

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.