The General Part
Title II
Offences
Chapter VII
Plurality of offences
Relapse
Art.50 – (1) There is relapse in the following cases :
• a) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict ;
b) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict ;
c) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty ;
d) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty.
(2) There is relapse also when one of the penalties in para.(1) is life detention.
(3) In order to establish the relapse, a decision of conviction handed down abroad for an act provided also in Romanian law shall be taken into account, if it has been recognized according to the law.
Sanction for relapse
Art.51 – (1) For relapse after conviction provided in Art.50 para.(1) a) the rules of the concurrence of offences shall apply. If the convicted person has executed a part of the penalty, the rules for concurrence of offences shall apply taking into account the penalty left to be executed.
(2) For relapse after conviction provided in Art.50 para.(1) b), the penalty established for the offence committed afterwards and the penalty applied for the previous offence shall be cumulated, while not exceeding the general maximum of the immediately superior penalty. Should the convicted person have executed a part of the penalty already, the cumulation shall be made between the penalty left to be executed and the penalty for the offence committed afterwards.
(3) For relapse after execution provided in Art.50 para.(1) c) and d), a penalty that can be increased by 10 years, within the restrictions of the immediately superior penalty can be applied.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.