Offences under Law no. 50/1991

Offences under Law no. 50/1991

With the entry into force of the new Criminal Code and the New Code of Criminal Procedure, art. 24 of Chapter III (“Liability and Sanctions”) of Law. 50/1991 on authorizing construction works has undergone substantial changes. Thus, one can observe a restriction in cases of criminal liability by decriminalizing the offense of refusal to issue the certificate of urbanism and equalization of sanctions for all offenses covered in art. 24, respectively imprisonment from three months to one year or a fine the amount of which shall be determined according to the system days-fine (calculated differently for individuals and legal persons).

Also, there has been an enlargement for the scope of works that attract penal liability in the case they are executed without a construction permit, demolition or noncompliance with its provisions, as following: works of construction, reconstruction, enlargement, repair, strengthening, protection, restoration, conservation and any other works, regardless of their value, that are to be executed to construction representing historical monuments, including their annexes, identified in the same building – terrain and/or construction, for constructions in monuments protection areas and in protected constructed areas, established according to the law, or for constructions with high architectural or historical value, established by approved urbanism documentation; works of construction, reconstruction, alteration, enlargement, repair, modernization and rehabilitation of the means of communication of any kind, forest roads, works of art, technical and urban networks and facilities, connections and fittings to utility networks, hydraulic works, arrangements of riverbeds, land improvement works, works of infrastructure installations, works for new generating production capacity, transportation, distribution of electricity and / or heat and rehabilitation and refurbishment of existing ones; drilling and excavation works necessary to conduct geotechnical studies and geological prospecting design and open-pit mining operations and gravel, oil and gas wells and other surface mining, underground or underwater.
organizing camps of tents, cabins or caravans.

Procedurally, together with new changes, the court of law, through a substantive decision, may decide to include the works in the provisions of the permit or can demolish de illegally constructed buildings. Also, the prosecutor or court may order, ex officio or upon request, to temporary pause the execution of works, throughout the trial.