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.
The General Part
Title I
Criminal law and its application restrictions
Chapter II
Criminal Law Application
Section 2
Criminal Law application in space
Territorial nature of Criminal Law
Art.10 - (1) Criminal Law shall apply to offences committed on Romanian territory.
(2) “Romanian territory” means the surface of land and water comprised by the State borders, including inner sea waters, the underground and the aerial space, as well as territorial sea with its soil, underground and aerial space.
(3) An offence is committed on Romanian territory also when it has been committed on a ship under the Romanian flag or a Romanian aircraft, as well as when only an execution act has been carried out or the result of the offence occurred on Romanian territory or on a ship under the Romanian flag or on a Romanian aircraft .
Criminal Law personality
Art.11 - Criminal law shall apply to offences perpetrated outside Romanian borders, by a Romanian citizen or by a person without citizenship which resides in Romania, if the act is provided as an offence also by the criminal law of the country of perpetration.
Criminal law reality
Art.12 - (1) Criminal law shall apply to offences committed outside Romanian territory by a foreign citizen or by a person without citizenship which resides in Romania, against national security or the security of the Romanian State, against a Romanian citizen or against a Romanian legal entity, if the Romanian law provides the penalty of life detention or severe detention.
(2) The initiation of criminal action against offences provided in paragraph (1) shall be done solely with prior authorisation from the General Prosecutor from the Prosecutor's Office attached to the Supreme Court of Justice.
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.
Criminal law and international conventions
Art.14 - Articles 11- 13 shall apply if no international convention to which Romania is a Party ordains otherwise.
Jurisdiction immunity
Art.15 - Criminal law does not apply to offences committed by diplomatic representatives of foreign States or by other persons who, according to international conventions, are not subject to criminal jurisdiction in Romania.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
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.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.