Subject: Ouestion concerning duble crimininality - our ref.: 79594/2025
From: "Corespondenta DDIT Penal" <[email-masked]>
To: <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, "Justiits- ja Digiministeerium" <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <[email-masked]>, <
Date: Tue, 2 Dec 2025 13:48:28 +0200

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

Dear colleagues,

In order to assess future requests issued by the Romanian authorities 
concerning certain offences of low degree gravity, please inform us if the 
following offences are incriminated according to your legislation.

Please find attached an excerpt of the relevant Romanian legislation:

Criminal Code

Road traffic offences:

ART. 335 Driving a vehicle without a driving license

(1) Driving a vehicle or a tramway, on public roads, without having a 
driving license shall be punishable by no less than 1 and no more than 5 
years of imprisonment.

(2) Driving, on public roads, a vehicle for which a driving license is 
required by law, by an individual who owns a driving license which was 
issued for a different category or subcategory than the one in which the 
vehicle is included, or whose license has been withdrawn or rescinded or who 
is not entitled to drive vehicles in Romania shall be punishable by no less 
than 6 months and no more than 3 years of imprisonment or by a fine.

(3) The same penalty shall apply to the person who knowingly entrusts a 
vehicle for which the law requires a license for driving on public roads, to 
an individual who they know is in one of the situations referred to in par. 
(1) or par. (2) or under the influence of alcohol or of psychoactive 
substances.

ART. 336 Driving a vehicle under the influence of alcohol or other 
substances

(1) Driving, on public roads, a vehicle for which a driving license is 
required by law, by an individual who, at the time when biological samples 
were taken, has a blood alcohol concentration exceeding 0.80 g/l shall be 
punishable by no less than 1 and no more than 5 years of imprisonment or by 
a fine.

(2) The same penalty shall be applied to an individual who, while under the 
influence of psychoactive substances, drives a vehicle for which a driving 
license is required by law.

(3) If the individual who is in one of the situations set out in par. (1) 
and par. (2) carries out activities such as public passenger transportation, 
transportation of hazardous substances or products or is imparting practical 
training to candidates wishing to obtain a driving license or during the 
practical tests of the examination sit to obtain the driving license, they 
shall be punishable by no less than 2 and no more than 7 years of 
imprisonment.

ART. 337 Refusing or avoiding to provide biological samples

The act of refusing or avoiding, by the driver of a vehicle for which a 
driving license is required by law, or by the driving instructor, during 
training, or by the examiner of the competent authority, during the 
practical tests of the examination foe obtaining a driving license, to 
provide the biological samples required to determine the presence of alcohol 
or of psychoactive substances in the blood stream shall be punishable by no 
less than 1 and no more than 5 years of imprisonment.

ART. 378 Family abandonment

(1) The commission by an individual having a legal obligation of support 
with regard to an individual entitled to receive such support, of one of the 
following acts:

a) abandoning, sending away or leaving helpless, and thus subjecting them to 
physical or moral suffering;

b) failure, in ill-faith, to fulfill their obligation of support provided by 
the law;

c) failure, in ill-faith, to pay, for two months, the support allowance 
established by a Court,

shall be punishable by no less than 6 months and no more than 3 years of 
imprisonment or by a fine.

(2) The same penalty shall apply to the failure, in ill-faith, by the 
convict to pay the regular benefits established by Court order in favor of 
the individuals entitled to support, for the victim of the crime.

(3) Criminal action shall be initiated based on a prior complaint filed by 
the victim.

(4) The act shall not be punishable if, before commencing the criminal 
action, the defendant meets their obligations.

(5) If, before the Court order remains final, the defendant meets their 
obligations, the Court shall order, as applicable, the deferred enforcement 
of the penalty, or the suspended service of the sentence under supervision, 
even if the requirements provided by the law for such action are not met.

ART. 262 Illegal crossing of the border

(1) Entering or leaving the country by fraudulently crossing Romania's state 
border shall be punished by an imprisonment year between 6 months and 3 
years or by a fine.

(2) If the act set out in par. (1) was committed:

a) in order to avoid criminal liability or the serving of a sentence or of 
an custodial educational measure;

(b) by an alien who was declared undesirable or who was denied entry or stay 
in the country, in any way, the penalty shall consist of no less than 1 and 
no more than 5 years of imprisonment.

(3) The attempt shall be also punishable.

ART. 228 Theft (with small damage value)

(1) The act of taking a movable asset from another person’s possession or 
control, without the latter’s consent, in order to unlawfully appropriate 
it, shall be punishable by no less than 6 months and no more than 3 years of 
imprisonment or by a fine.

(2) The action is a theft also when the asset belongs fully or partly to the 
perpetrator, buy at the time of commission the asset in question was in the 
legitimate possession or control of another person.

The forestry Code

ART. 143 Illegal cut of trees

(1) Cutting down trees without the right in the FFN, regardless of the form 
of ownership, constitutes a forestry crime and is punishable as follows:

a) by imprisonment from 6 months to 3 years or a fine, if the value of the 
damage caused is up to 5 times the average price of a cubic meter of wood at 
the date of the crime;

b) by imprisonment from one year to 5 years and the prohibition of 
exercising the right provided for in art. 66 para. (1) letter g) of the 
Criminal Code, if the value of the damage caused is between the limit 
provided for in letter a) and at most 20 times higher than the average price 
of a cubic meter of wood at the date of the crime;

Kind regards,

Division for International Judicial Cooperation in Criminal Matters

Ministry of Justice of Romania

17, Apolodor Street, 5th Sector, 050741

[email-masked] <mailto:[email-masked]> ;

 <http://www.just.ro/> www.just.ro