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The Romanian Penal Code of 1864 did not criminalized homosexual acts. It was based on the French Napoleonic Code. This code remained in effect for almost three-quarters of a century, and while it was intermittently enforced, it remained essentially in its original form. However, in 1936, a new code limited reference to homosexuality except in cases of rape. A short time later, Article 431 was introduced, stating that homosexuality could be illegal if it caused "public scandal", but not otherwise. A repeal of that language then appeared in the Penal Code of 1948. In 1968, the basic code was again revised, introducing Article 200 and moving the infraction from the public domain into the private.

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