Romania: Update to Response to Information Request 28566.E of 5 January 1998 on the penalties for desertion from the regular Romanian armed forces and from performing military service, and on the courts, military, civil or criminal, that adjudicate the penalties for desertion from military service and regular service in the Romanian armed forces
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 January 1998|
|Citation / Document Symbol||ROM28639.E|
|Cite as||Immigration and Refugee Board of Canada, Romania: Update to Response to Information Request 28566.E of 5 January 1998 on the penalties for desertion from the regular Romanian armed forces and from performing military service, and on the courts, military, civil or criminal, that adjudicate the penalties for desertion from military service and regular service in the Romanian armed forces, 1 January 1998, ROM28639.E, available at: http://www.refworld.org/docid/3ae6abe63c.html [accessed 10 December 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
An E-mail message sent to the Research Directorate by the Romanian Helsinki Committee in Bucharest states that:
every case of desertion from the Romanian army (young people performing military service which means actually up to the rank of sergeant ) is punished in accordance with the Criminal Code article 331 (absence without leave exceeding 24 hours but not more than 3 days: punishment - imprisonment from 3 months to one year; in case of war the absence without leave is reduced to 4 - 24 hours and the penality is one to five years in prison). Military above the rank of sergeant are belonging to the regular force and are punished in accordance with military rules and regulations. Article 332 of the Criminal Code applies to both categories (those performing military service and the regular force) and defines desertion as absence without leave for periods exceeding 3 days. The punishment is one to seven years imprisonment. In case of war, desertion is defined as absence without leave exceeding 24 hours and is punished by 3 to 12 years imprisonment. In all cases, the trial will be held in a military court.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Romanian Helsinki Committee, Bucharest. 7 January 1998. E-Mail message sent to the Research Directorate.