| Summary: | The Criminal Code in force regulates the submission to ill treatment in the chapter
dedicated to offenses against the act of justice. The harmonization of the national legislation with the
EU legislation, especially with the European Convention on Human Rights (Article 3) and its
Protocols is being sought, without forgetting, however the concrete situations that must be decided in
Romania. For this reason, in order to establish the material element of this crime, the point at which
the suffering caused to a person cannot be considered mere brutality, but serious enough to be
regarded as inhuman or degrading treatment or even torture was determined. Moreover, it should be
considered that the concept of minimum level of gravity disappears in the case of prisoners, because
the obligation of protection is greater in their case. Any act of gratuitous violence, no matter how
insignificant, against a prisoner determines the application of Article 3 of the Convention without
taking into account the minimum level of severity.
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