On 21 December 2001, Article 200 of the Penal Code criminalizing gays and lesbians was removed [R1.9].
In October 1996, Romania's Chamber of Deputies deleted a section of an already-passed Bill that would have punished private gay sex between adults with up to three years probation. But the chamber decided to retain (Article 200) a section that punishes gay sex which causes a "public scandal" with up to five years in prison and another section that bans gay "propaganda, associations or
proselytising" under threat of five years in jail [R1.8].
On 10 September 1996, the Romanian Parliament's lower house confirmed in a 174–39 vote to keep homosexuality a crime punishable by up to three years jail or five years if relations take place in public [R1.7].
The Penal Code, Article 200 provided -
'Sexual relations between persons of the same sex'
"Sexual relations between persons of the same sex, committed in public or if they caused a public scandal, are punishable by imprisonment of 1 to 5 years.
The fact that an adult having sex with a minor of the same sex is punishable by a prison sentence of 2 to 7 years and the prohibition of certain rights.
The incentive or enticing a person to engage in relations sexual intercourse between persons of the same sex, as well as propaganda or the association or any other act of proselytism committed in the same order, are A penalty of imprisonment from 1 to 5 years" [R1.6].
On 22 June 2001, the government said it had issued a decree to help end discrimination against gays by advocating the repeal of a law that penalises gays more harshly for sex in public places [R1.5].
In September 2000, Romania was preparing to repeal its sodomy law in order that it may join the European Union [R1.4].
On 27 June 2000, Romanian deputies voted on Wednesday to decriminalise homosexuality but decided to maintain jail terms for overt sexual activity. Homosexuality was unlawful in Romania from 1968 to 2000 [R1.3].
To become effective, the vote had to be also endorsed by parliament's upper house, the Senate [R1.3].
In July 1998, the Council of Europe strongly criticised Romania's parliament after it rejected a government proposal to decriminalise gay sex which would have brought it into line with standards throughout Europe [R1.2].
In April 1998, the new coalition government led by Prime Minister Radu Vasile stated that it would not condone any more violations of human rights and would adopt program to "redefine crimes such as calumny, offences to authorities and sexual relations among persons of the same sex" [R1.1].