Hate crime legislation in Romania

Criminal Code of Romania (2009, as amended 2022) (excerpts related to Hate Crime Laws) (English)

(unofficial translation)

Art. 77 – Aggravating Circumstances

The following constitute aggravating circumstances:

(…)

h) the offense was committed for reasons related to race, nationality ethnicity, language, religion, gender, sexual orientation, opinion, political affiliation, wealth, social origin, age, disability, chronic non-contagious disease, HIV/AIDS infection, or for other similar circumstances considered by the offender to cause the inferiority of an individual from other individuals.

Government Emergency Ordinance (GEO) no. 31/2002 prohibiting the organizations, symbols and deeds with fascist, racist, legionary and xenophobic character and the glorification of those found guilty of genocide against humanity and war crimes

Art. 6/1 - threatening by means of IT system

(1) Using a computer system to threaten a person or a group of persons with committing an offence whose maximum penalty provided by law is at least 5-year imprisonment, on grounds of race, colour, race, descent, national or ethnic origin or on grounds of religion, if used as pretext for any of the abovementioned grounds, shall be criminalized and punished by imprisonment from one to 3 years.

(2) Criminal proceedings shall be instituted upon preliminary complaint lodged by the injured party.

Art. 282 – Torture

(1) The deed of the public official who has an office implying the exercise of the state authority, or of any other person who acts upon the instigation of or with express or tacit consent of a public official, causing serious physical or psychological sufferance to someone:

d) for any reason based on a form of discrimination,

shall be punished with imprisonment from 2 to 7 years and the prohibition to exercise certain rights.

Art. 382 - Desecration of places of worship

Desecration of places of worship or objects desecration of a place or object of worship belonging to a religious group that is organized according to law, shall be punished with imprisonment from six months to two years or a fine.

Art. 369 - Incitement to violence, hatred or discrimination

Incitement of the public, by any means, to violence, hatred or discrimination against a category of persons or against a person on the grounds that he or she belongs to a particular category of persons defined on the basis of race, nationality, ethnicity, language, religion, gender, sexual orientation, political opinion or affiliation, property, social origin, age, disability, chronic non-contagious disease or HIV/AIDS infection, considered by the offender as a cause of the inferiority of one person in relation to others, shall be punishable by imprisonment of 6 months to 3 years or a fine.