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Romania: Failure to Comply With Measures Ordered in the Context of the State of Alert

Romania: Failure to Comply With Measures Ordered in the Context of the State of Alert

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Following the establishment of the state of alert at national level, Law no. 55/2020 regarding some measures for preventing and combating the effects of the Covid-19 pandemic ("Law no. 55/2020") was adopted and entered into force on 18 May 2020. Please note that noncompliance with the measures imposed by the aforementioned law may lead to disciplinary, civil, administrative or even criminal liability, as the case may be.

Thus, the following actions committed during the state of alert constitute noncriminal offences, unless they were committed under such circumstances as to constitute criminal offences:

  1. Obstruction by any natural person of the execution of measures for the temporary evacuation of persons and property in the affected or possibly affected area – shall be fined RON 500 – 2,500;
  2. Obstruction by any natural person of the distribution of essentials to affected persons and animals – shall be fined RON 500 – 2,500;
  3. Obstruction by any natural person of works performance for the urgent modification of the environment and infrastructure, established by the intervention forces in order to stop or limit the effects of the emergency situation – shall be fined RON 500 – 2,500;
  4. Noncompliance by natural persons with individual measures for the protection of life and for limiting the effects of the type of risk on personal health – shall be fined RON 500 – 2,500;
  5. Noncompliance by natural persons with the measures of home isolation – shall be fined RON 1,000 – 5,000;
  6. Participation of natural persons in rallies, demonstrations, processions, concerts or other types of gatherings in open spaces, or in forbidden gatherings in closed spaces for cultural, scientific, artistic, religious, sporting or entertainment activities – shall be fined RON 500 – 2,500;
  7. Holding rallies, demonstrations, processions, concerts or other types of gatherings in open spaces, or of gatherings in closed spaces for cultural, scientific, artistic, religious, sporting or entertainment activities without complying with the measures imposed – shall be fined RON 2,000 – 10,000;
  8. Noncompliance with the prohibition (restriction or prohibition) on organising rallies, demonstrations, processions, concerts or other types of gatherings in open spaces or of forbidden gatherings in closed spaces for cultural, scientific, artistic, religious, sporting or entertainment activities – shall be fined RON 3,000 – 15,000;
  9. Movement of persons, on foot or by vehicles, in places and, as the case may be, during time periods in which it has been prohibited or restricted – shall be fined RON 500 – 2,500;
  10. Noncompliance by natural persons with the ban on leaving the established areas or viola-tion of the time limits in which leaving these areas is allowed – shall be fined RON 500 – 2,500;
  11. Noncompliance by natural persons with the ban on leaving buildings, localities or geographical areas for which quarantine was established – shall be fined RON 1,000 – 5,000;
  12. Noncompliance by operators with measures concerning the restriction or prohibition of road, rail, maritime, fluvial, air or subway transport or violation of the time limits in which this is permitted – shall be fined RON 3,000 – 15,000;
  13. Noncompliance by the heads of the institutions or economic operators with the measures regarding the temporary suspension of business activities – shall be fined RON 2,000 – 10,000;
  14. Noncompliance by the heads of the institutions or economic operators with the established conditions for carrying out the activity of these institutions or economic operators – shall be fined RON 1,000 – 5,000
  15. Nonperformance of works for the partial or total demolition of some constructions, installations or arrangements, moving/dismantling of some goods/movable means or for the controlled flooding of some lands, cultures, plantations or forests, by natural or legal persons or by the staff of the designated institutions and public authorities – shall be fined RON 1,000 – 5,000;
  16. Obstruction by any natural person of the execution of  works for the partial or total demolition of some constructions, installations or arrangements, moving/dismantling of some goods/movable means or for the controlled flooding of some lands, cultures, plantations or forests – shall be fined RON 500 – 2,500.

Note: Persons issued with fines may pay half of the fine applied within a maximum of 15 days from the date of delivery or communication of the notice.

Even if the state of emergency has been lifted, noncompliance with certain mandatory measures ordered by the authorities can lead to criminal liability of both natural and legal persons for the criminal offence of hampering disease control.

In addition, given that people are required to produce an affidavit outside their locality/metropolitan area, in the event of a false declaration, the criminal offence of art. 326 of the Criminal Code – making false statements – may be committed.

Also, one should take into account during the state of alert the new criminal offence introduced in the Criminal Code at art. 3521 providing for the failure to disclose essential information regarding the possibility of having come into contact with a person infected with an infectious disease.

Considering these aspects, natural persons and legal entities need to inform themselves with regard to the prevention measures undertaken by the authorities and to comply with these measures, in order to avoid as far as possible the infection of the population with this new virus and the potential sanctions stipulated by the legal provisions.

By Oana Piticas, Senior Associate, and Flavia Denisa Margaș, Associate, Noerr

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