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.
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;