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Law No. On August 17, 1864 1,032 For Splitting Curtei For Casatiune

Original Language Title:  LEGE nr. 1.032 din 17 august 1864 pentru impartirea Curtei de Casatiune

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LEGE no. 1032 1032 of 17 August 1864 for the division of the Courtship
ISSUER MINISTRY OF JUSTICE JOHN I. With the mercy of God and the national will, DomnuPrincipalities-United-Roman; To all present and future health: Avend in view of Our Decree with No. 968, from 6 August this year, through which section I was suppressed, the complaints from the court of cassation; Avend in view of the report of our Minister of State to the Department of Justice, Religious Affairs and Public Instruction, with No. 39,896, by which he submits to us the changes that are of need to be introduced in the law of the court of cassation, according to the new body, which is given; To our State Council; In the power of the Statute of 2/14 July; We sanctioned and sanctioned, promulgated and promulgated what urmeda:




+ Article 1 The Court of Cassation is divided into two Sections and consists of: of one first president, of two presidents, of sections and four-to-dece members, all over septe-to-dece members. + Article 2 The sections take the appointment of "Civil Section and Criminal Section." Either that section consists of septe members and a president. Now at the beginning, and for the first and only hour, the sections will form by lot. All members of the caries compose a section of the preuna with their president, will change at the beginning of each year of justice the members of the other section. + Article 3 The civil section pronounces on the tutor of applications for marriage in civil matters. The criminal section pronounces on applications in cassation in criminal, correctional and simple police matters. Conflicts of jurisdiction between authorities of the order of the resca, are judged by the united sections. + Article 4 The first president presida the entire court in the united sections, and can foresee when he will find fit, and the dupe must be service, and either-which section in part. + Article 5 The Registry of the Court of Cassation consists of one first Registrar, of two section greats, of five mass heads, two-to-dece writers, a general registrar and two section registrars. + Article 6 The public ministry, followed by the court of cassation, consists of a general prosecutor and two section prosecutors. + Article 7 A section cannot work and judge by will not be the one pucker septe members of the girl. When this number cannot be fulfilled because of the bole, the congedium, the recusation, or other such circumstances, the number is complete with the members of the other section drawn. + Article 8 Weathering not the number of the majority required by art. 21 of the law of the court of cassation, three other members shall be joined, from the other section, and shall be investigated in the case again. If the majority form is not possible then, the cause will be postponed from one month to three at the most and if even at this end it will not be possible to obtain a majority, the united sections will be judged. However, the urgent causes, which, in this casu, are immediately judged by the united sections. + Article 9 When the Court of Cassation judges in a united section, it must face and take part in the judgment, the one pucin 12 members besides the president or a vice-president. At such a house, an otarification cannot be given by not together eight voices. And when the sections are fully complete, the absolute majority is enough. + Article 10 The Court of Cassation has a holiday at Christmas 15 dile, incepend on Christmas Eve and at Pasci 15 dile, incepend from the dioa of the Palm. In particular, the civil section has large holidays, from July 1 to August 15. All over the other course alu the cancellation, the court of cassation holds the regular session in tote diles out of Sundays and large serbators. + Article 11 In either-which section are two registers, one trecu the urgent (hurried) causes in the other of ordination. The first president, through one and the only citation addressed to the tutor to the interested parties, will be sororated for the dioa determined towards appearance. The pricks are sorocescu dupe the rend of their intraria, except only the hurried ones that fall. + Article 12 In the case of pira started against civil servants, the civil section will investigate more anteum the admissibility of the stone, and at the admission curd, the acusate will go before the united sections. When in researching a request for a marriage, the civil or criminal section will discover guilty acts committed by judges touching their functions, then the criminal section will denounce judges to the civil section, who before will do so. due admission research, and if the discovery of guilty facts will be done by the civil section, then it will do itself due to admission research. + Article 13 When, after the marriage of a decision, the court of appeal or the court to which the case was sent to be tried from the nuou, will give a second sentence in the same case between the same persons, proceeding in the same capacity, and will be attacked Decision, then the court of cassation judges the cestion in united sections. If the second sentence of a court or court, it is scrapped for the same reasons as the d' anteiu, then the civil court or tribunal to which the case will be sent, will comply with the decision of the court of cassation on the point of law, judged of that court. In this case, the court of cassation will immediately communicate to the Ministry of Justice the cestion of law contraverted as at the d' anteiu session of Cameri or even during the session, to be opened the Chamber, to ask from the Government the official interpretation of the law from legislative power. + Article 14 Dispositions cocaught In art. 28. The 7th paragraph of art. 36. Articles 62, 63, 64, 65 and 66 of the constitutive law of the court of cassation are also repealed. + Article 15 Tote the dispositions of the court of the court of cassation, contrary to the present Decree, are also reman repealed. We make known and order that the present ones, invested with the seal of the State and passed in the bulletin of the laws (Official Gazette), be addressed to courts, courts and administrative authorities, to register them in their registers, to observe them, and to Make them observe and Minister Our Secretary of State at the Department of Justice, Religious Affairs and Public Instruction, is tasked to vigil their publication. In Bucharest, on 17 August 1864. ALECSANDRU IOAN Minister of State at the Justice Department, Cults and Public Instruction. N. Cresulescu ---------------