Penal Code of Romania

The Penal Code of Romania (Codul penal al României) is a document providing the legal basis regarding criminal law in Romania. The Code contains 446 articles. The articles mention aspects such as the national boundaries of law and the crimes that fall under the incidence of penal law.Judicial discretion is granted by the Code through the use of minimum and maximum sentences. The most recent version of the Romanian Penal Code has come into effect on 1 February 2014.

The Romanian Penal Code has been first issued in 1865, under the leadership of A.I. Cuza. The Code (also known as the Cuza Code) standardized the laws of the Principality of Wallachia and Principality of Moldova, which since 1859 were united under a single Principality. The Code has been developed using several notions from the Penal Code of France and the Penal Code of Prussia. The Cuza Code included the principle of legal equality. Instead of the capital punishment, the most extreme punishment that could be legally enforced was penal labor. Cruel and unusual punishments were prohibited.

Based on the Code, crimes were classified under three headings: delicts, misdemeanors and contraventions. The concept of attempted crimes was not mentioned throughout the code; attempting to commit a crime was punished just as harshly as if the crime happened. The accomplice was to receive the same punishment as the author of the crime.

The Code did not criminalize prostitution. Cannabis consumption was not a punishable offense.

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