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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : See legal profile

Cybercrime policies/strategies

In 2013 the Government of Romania adopted Romania's Cyber Security Strategy and the National Action Plan on implementation of the national cyber security (Government Decision No. 271/2013 published in Official Journal No. 296/23 May 2013).

The Strategy identifies the main objectives to ensure cyber security such as:

  • Complete and harmonize national legislation, including the establishment and enforcement of minimum security requirements for a national cyber infrastructure;
  • Develop cooperation between the public and private sector, including by fostering information exchange on threats, vulnerabilities, risks, and that related to cyber incidents and attacks.
  • Provide adequate professional training to people working in cyber security and promote widespread professional certification in this field;
  • Develop international cooperation on cyber security etc.

The National Strategy on Public Safety and Order for 2015-2020 provides specifically for the need to increase the level of security of legal and natural persons, as well as state entities against cybercrime.

Actions to be taken include:

  • develop tools for investigation and monitoring on Internet
  • ensure uniform procedure for protection of national cybersecurity infrastructure
  • cooperate with other states to prevent the use of computer system for terrorism purposes etc.

In December 2018 Romania adopted a new law on cybersecurity, Law no. 362/2018  (in Romanian), which transposed the Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.


More information about Romania including main trends in cybercrime can be found in the GENVAL evaluation Report on cybercrime of Romania available here, as well as on the website of the Ministry of Communication and Information Society:

Specialised institutions

Since 2003 the Service for Combating Cybercrime within the Directorate for Investigating Organized Crime and Terrorism Offences, structure of the Prosecutor's Office attached to the High Court of Cassation and Justice, represented the specialized structure of the public prosecution dealing with the most severe forms of Cyber Criminality or associated crimes with the activities of a criminal organized group Within the General Inspectorate of the Romanian Police (GIRP) - Directorate for the Countering Organized Criminality functions the Service for Countering Cyber Criminality which is a specialized structure that has competence for prevention, investigation of cyber criminality .

For additional information see GENVAL evaluation reports on cybercrime available on the Octopus Community.

Jurisprudence/case law

High Court of Cassation and Justice – to examine the appeal in the interest of the law formulated by the Prosecutor's Office attached to the High Court of Cassation and Justice by Notification no. 11.874 / 2670 / III-5/2011, in order to establish, a unitary interpretation and application of the law, respectively interpretation of art. 42 para. (1), (2) and (3) of Law no. 161/2003 – the notions of access without right to a computer system, determined by the practical differentiation between:

  • mounting on an ATM a reading/recording device of the data contained on the magnetic stripe of an authentic card and the related PIN code;
  • accessing an ATM using a forged or a genuine card, without the consent of its holder, in order to withdraw cash


Tools on Cybercrime & Electronic Evidence Empowering You!

These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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