The classification of an assault depends on the medical consequences, the concrete circumstances, and the form of guilt. To distinguish between a hit or other violence and bodily harm, the Criminal Code uses, among other things, the threshold of at least 90 days of medical care and lists serious consequences such as disability or endangerment of life. The information below reflects the form of the Criminal Code consulted on October 31, 2026; legislative changes and the evidence in each case may change the analysis.
Assault or other violence: Article 193
Article 193, paragraph (1) punishes hitting or any act of violence that causes physical suffering with imprisonment from 6 months to 3 years or a fine. Paragraph (2) applies when traumatic injuries occur or health is affected, and the severity is assessed at no more than 90 days of medical care; the punishment is imprisonment from 1 to 5 years or a fine. These limits have been increased by Law no. 116/2025.
The medical-legal certificate is an important evidence, but the number of days alone does not determine the classification: it is the medical-legal conclusions and all the circumstances of the act that matter. The threshold is „at most 90 days” for Article 193; exceeding it is one of the consequences contemplated by Article 194.
When the aggravated form is applied
The limits provided for in Article 193, paragraphs (1) and (2), are increased by one third in the situations listed in paragraph (2^1), including: the victim is a minor; the perpetrator is in the care, protection, education, custody, or treatment of the victim; the act is committed in public; or the perpetrator has in his possession an object, substance, or animal capable of endangering persons. In these circumstances, criminal prosecution may be initiated ex officio. The rule regarding dangerous means concerns the perpetrator’s presence on the perpetrator’s person with such a means; its application depends on the text and the proven facts.
Personal injury: Article 194
Article 194 refers to the act provided for by Article 193 that has produced at least one of the following consequences explicitly listed: disability; injuries or impairment of health that required more than 90 days of medical care; serious and permanent aesthetic harm; abortion; or endangering life. The punishment for the form provided for in paragraph (1) is imprisonment from 2 to 7 years.
If the act is committed with the aim of causing disability, a consequence that involves more than 90 days or serious and permanent aesthetic harm, Article 194, paragraph (2) provides for imprisonment from 3 to 10 years; attempting this variant is punishable. Paragraph (2^1) also provides for a one-third increase in the limits in the aggravating circumstances listed there.
The victim's death and the act of negligence
Article 195 punishes with imprisonment from 6 to 12 years the acts provided for by Article 193, paragraphs (1) and (2), or Article 194, paragraphs (1) and (2), when they resulted in the death of the victim. The text was amended in 2026. The distinction from homicide or attempted homicide cannot be made solely by the result: the form of guilt and concrete evidence are essential.
Article 196 regulates corporal injury due to fault in the hypotheses provided by law. For the corresponding act under Article 193, paragraph (2), committed with fault under the conditions of paragraph (1), the punishment is imprisonment from 3 months to one year or a fine. For the corresponding act under Article 194, paragraph (1), the punishment is from 6 months to 2 years or a fine; if it results from the violation of the rules of the profession, trade or activity, the punishment is from 6 months to 3 years or a fine. If the consequences are caused to two or more persons, the limits are increased by one third.
Domestic violence and other applicable rules
Article 199 stipulates that for certain offenses committed against a family member, the special maximum penalty is increased by one-quarter; for the act under Article 193, the criminal prosecution can be initiated ex officio. The Criminal Code includes from 2026 Article 195^1, concerning acts committed as a form of control or domination in relationships between spouses and acts committed by an adult in the presence of a minor. The classification of these norms depends on their legal conditions and evidence.
As a rule, the criminal action for Articles 193 and 196 is initiated upon the prior complaint of the injured person, with the exceptions provided by law, including those mentioned above. The term and the effects of the complaint must be analyzed in relation to the concrete situation.
What evidence matters in practice
In addition to the forensic certificate, medical documents, photographs, legally obtained records, witness statements, and communications between the parties may be relevant. To determine whether a crime against life has been committed, the entire body of evidence is analyzed, including the means used, the area targeted, the intensity and sequence of acts, as well as the conclusions of the expert report. No single piece of evidence automatically establishes legal classification.
Note: The article is informative in nature and does not replace the legal analysis of a specific case. For the updated form of the rules, consult The Criminal Code on the Legislative Portal, especially Articles 193–199.
