We have received a question about incitements to crime and/or genocide and how they interact with Romanian law per Anon.cafe's global rules. Please keep in mind that only the Romanian judiciary can decide precisely where, how, and to what a given law applies. We're doing our best to balance good-faith interpretations of the law with not stifling speech here.
The version of the Criminal Code we refer to has been posted as a PDF at
>>13751.
Genocide
Genocide is outlawed by Article 438 of the Criminal Code, within Chapter 1 (Crimes of genocide and crimes against humanity) of Title XII (Crimes of genocide, crimes against humanity and war crimes). The full Article states:
>Art. 438
>Genocide
>(1) The act of committing, with the goal of destroying, in whole or in part, a national, ethnic, racial or religious group, one of the following offenses:
>a) killing members of the group;
>b) harming the bodily or mental integrity of members of the group;
>c) subjecting the group to living conditions of a nature that will lead to their physical destruction in whole or in part;
>d) enacting steps to prevent births within the group;
>e) forced transfer of children belonging to one group to a different group,
shall be punishable by life imprisonment or no less than 15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights.
>(2) If the acts described in par. (1) are committed in wartime, shall be punishable by life imprisonment.
>(3) Conspiracy to commit the crime of genocide shall be punishable by no less than 5 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
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