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EMERGENCY ORDINANCE no. 112 from 30 August 2001 referring to the punishment of some actions committed abroad by Romanian citizens or by persons without citizenship residing in Romania

According to the provisions of the article 114, paragraph (4) from the Constitution of Romania,

The Government of Romania adopts the present emergency ordinance.

Art. 1 – (1) The entering or leaving a foreign state by the illegal passing of its borders, committed by a Romanian citizen or by a person without citizenship residing on the Romanian territory is considered as an offence and is punished with imprisonment from 3 months to 2 years.

(2) If the action that was mentioned in paragraph (1) was committed for the purpose of eluding the enforcement of a criminal sentence, the punishment is imprisonment from 6 months to 3 years.

(3) The attempt is punished.

Art .2 – (1) The action of the Romanian citizen or of the person without citizenship residing on the Romanian territory who recruits, guides or leads one or more persons for the purpose of the fraudulent passing of the frontier of a foreign state or who organises one or more of these illegal activities is considered as an offence and is punished with imprisonment from 2 to 7 years.

(2) The attempt is punished.

Art .3 - The initiation or the establishment of an association for the purpose of committing the offence mentioned in art. 2 or the adhesion or support by any means of such an association is punished with imprisonment from 3 to 10 years.

Art. 4 – The goods and values which served or which were meant to serve to the committing of the offences mentioned in art. 1-3 or which were obtained by committing these offences, if they belong to the offender, shall be confiscated.

Art. 5 – In the case of a Romanian citizen, convicted according to the provisions of the art.1-3, the issuing of his passport shall be rejected or by case, the right of using it shall be suspended for a period of 5 years.

Art.6 – The pursuit and the trial of the offences mentioned in the present normative act are performed urgently, according to the provisions from the Criminal Procedure Code referring to the pursuit and trial of some flagrant offences.

PRIME MINISTER

ADRIAN NASTASE

Countersigns:

Minister of Justice,

Rodica Mihaela St─ânoiu

Bucharest, 30 August 2001

No. 112.