Amendment of the Criminal Code: neuro-rights, the protection of the child, abuse of office and High treason — the full text of the draft.

The explanatory memorandum: Explanatory memorandum — The Sovereignty Act

Full translation of the draft. The Romanian text remains the authoritative one.

Draft law amending and supplementing Act no. 286/2009 on the Criminal Code

SOLE ARTICLE → the reasons

Act no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 510 of 24 July 2009, as subsequently amended and supplemented, is amended and supplemented as follows:

(1) After article 195, a new article 195¹ is inserted, with the marginal heading “Disturbance or alteration of physical or mental integrity”, reading as follows:

“(1) Disturbing or altering the individual physical or mental integrity of a person without that person’s written, express, informed and freely expressed consent shall be punished by imprisonment from 5 to 10 years and the prohibition of certain rights.

(2) Holding or using any system or device whose purpose is to access or manipulate neuronal activity, accessing or manipulating a person’s neuronal activity, as well as any intervention upon neuronal connections or intrusion at the level of the brain, whether invasive or non-invasive, in the absence of the person’s written, express, informed and freely expressed consent, shall be punished by imprisonment from 7 to 20 years and the prohibition of certain rights.”

(2) In article 197, after paragraph (1), two new paragraphs, (2) and (3), are inserted, reading as follows:

“(2) Causing a minor who has not attained the age of 18 to alter the biological sexual identity acquired at birth shall be punished by imprisonment from 7 to 15 years.

(3) Where the act referred to in the preceding paragraph has been committed by a parent, guardian, teacher or master, or has produced physical consequences for the minor, the special limits of the penalty shall be increased by one third.”

(3) In article 211, after paragraph (1), a new paragraph (1¹) is inserted, reading as follows:

“The brokering or encouragement of adoptions by persons who are not officials of the General Directorate for Social Assistance and Child Protection or of the National Authority for the Rights of Persons with Disabilities, Children and Adoptions shall be punished by imprisonment from 7 to 15 years and the prohibition of the exercise of certain rights.”

(4) In article 221, paragraph 4 is amended and shall read as follows:

“Causing, by an adult, a minor who has not attained the age of 14 to witness the commission of acts of an exhibitionist character, or shows or performances in which sexual acts of any kind are committed, as well as making available to him material of a pornographic character or with content explicitly describing sexuality, shall be punished by imprisonment from one to three years.”

(5) In article 221, after paragraph (5), a new paragraph (5¹) is inserted, reading as follows:

“Making available to children under the age of eighteen any material promoting departure from biological sexual identity, gender reassignment and homosexuality shall be punished by imprisonment from 1 to 5 years.”

(6) In article 221, paragraph (6) is amended and shall read as follows:

“Attempt in respect of the offences provided for in paragraphs (1), (2), (2¹) and (5¹) shall be punished.”

(7) Article 297 is amended and shall read as follows:

“(1) The act of a public official who, in the exercise of his duties, fails to perform an act or performs it in breach of the law with a view to obtaining an undue advantage and thereby causes damage or an injury to the rights or legitimate interests of a natural or legal person shall be punished by imprisonment from 2 to 7 years and the prohibition of the exercise of the right to hold public office.

(2) The same penalty shall apply to the act of a public official who, in the exercise of his duties, restricts the exercise of a right of a person or creates for that person a situation of fear, social exclusion or inferiority on grounds of race, nationality, ethnic origin, language, religion, sex, sexual orientation, political affiliation, wealth, age, disability, chronic non-contagious disease or HIV/AIDS infection.

(8) In article 297, after paragraph (2), a new paragraph (3) is inserted, reading as follows:

“(3) The act of a public official of applying any legal rules declared unconstitutional by a Decision of the Constitutional Court of Romania shall be punished by imprisonment from 7 to 10 years.”

(9) After article 297, a new article 297¹ is inserted, with the marginal heading “Failure of an official to enforce concession or privatisation contracts”, reading as follows:

“(1) The failure of an official to enforce concession or privatisation contracts in accordance with their clauses, or, as the case may be, the failure to bring the actions for their enforcement, committed intentionally, shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.

(2) The failure of an official to enforce concession or privatisation contracts in accordance with their clauses, or, as the case may be, the failure to bring the actions for their enforcement, committed negligently, shall be punished by imprisonment from 5 to 10 years and the prohibition of certain rights.”

(10) In article 394, in paragraph (1), a new letter e) is inserted, reading as follows:

“e) the exercise of an office of public dignity or one entailing the exercise of State authority.”

(11) In article 394, after paragraph (1), a new paragraph (2) is inserted, reading as follows:

“Where the act referred to in paragraph 1 letter b) has caused significant damage to the national economy, the penalty shall be life imprisonment or imprisonment from 15 to 25 years and the prohibition of certain rights.”

(12) In article 398, after paragraph (1), a new paragraph (2) is inserted, reading as follows:

“It likewise constitutes an act of High Treason, attracting the same penalty, for the President of Romania to fail to give effect to the Decisions of the Constitutional Court resolving conflicts of a constitutional nature within 10 days of the communication of the operative part.”

→ the reasons