{"id":6898,"date":"2026-04-09T08:10:47","date_gmt":"2026-04-09T08:10:47","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6898"},"modified":"2026-10-31T12:27:45","modified_gmt":"2026-10-31T12:27:45","slug":"crimes-against-physical-integrity-as-treated-in-practice","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/infractiuni-contra-integritatii-fizice-cum-se-trateaza-in-practica\/","title":{"rendered":"Assault and bodily injury: evidence, classification and complaint"},"content":{"rendered":"

The Criminal Code does not use the term \u201ecrimes against physical integrity\u201d; it regulates crimes against bodily integrity or health. For classification, the medical outcome, the manner in which it was produced, the form of guilt, and the circumstances of the act matter. The number of days of medical care is important, but it is not the only criterion.<\/p>\n

Assault and other violence: Article 193 of the Criminal Code<\/h2>\n

Article 193 covers assault and other acts of violence that cause physical suffering. If there are traumatic injuries or if health is affected, the severity is also assessed by the number of days of medical care, up to 90 days. These are medically determined days for healing, not necessarily days in the hospital. The simple form and the form with injuries have different sentencing limits; the current values are in the consolidated form of the Criminal Code.<\/p>\n

In certain aggravating circumstances provided for in Article 193, the limits of punishment are increased, and the criminal action can also be initiated ex officio. Therefore, the rule of prior complaint must not be applied without verifying the concrete circumstances.<\/p>\n

Personal injury: Article 194<\/h2>\n

Article 194 concerns more serious consequences: disability, more than 90 days of medical care, serious and permanent aesthetic harm, abortion or endangering life. The law also distinguishes the situation where the act was committed with the aim of producing certain consequences. The medical certificate and, if applicable, the expert opinion are important, but the legal conclusion depends on all the evidence and the form of guilt.<\/p>\n

If the victim has died, Article 195 regulates the blows or injuries causing death. The classification as attempted murder does not automatically result from the severity of the injuries or the use of an object: it is analyzed whether there was the intention to kill, including through the method of action, intensity, the targeted area, and the context.<\/p>\n

Corporal injury by fault: Art. 196<\/h2>\n

Not every accident or injury caused unintentionally triggers criminal liability. Article 196 only criminalizes situations and consequences expressly provided for by law. The rules of conduct violated, the form of guilt, and the link between conduct and the result are examined. The classification may differ from that of an intentional assault.<\/p>\n

Domestic violence and other aggravating circumstances<\/h2>\n

Rules change when the victim is a family member or when aggravating circumstances are present. The Criminal Code allows, in certain cases, the initiation of criminal proceedings ex officio. Legislative changes in 2026 also introduced aggravating circumstances for some acts committed against an actual or former partner, as a form of control or domination, as well as for certain acts committed by an adult in the presence of a minor. Check the legal form applicable at the time of the act.<\/p>\n

The preliminary complaint and its withdrawal<\/h2>\n

For some forms of offenses under articles 193 and 196, prior complaint is required. The general term is 3 months from when the injured person learned about the commission of the act; there are special rules in cases provided by law. For certain aggravating forms or acts against a family member, the action can be initiated ex officio. In the case of offenses under articles 193 and 196 committed against a family member, withdrawing the complaint has no effect; in other cases, the effect depends on legal conditions and the position of the prosecutor.<\/p>\n

What evidence to keep<\/h2>\n