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Law No. 1,124 Of 1 September 1864 For Body Constringerea

Original Language Title:  LEGE nr. 1.124 din 1 septembrie 1864 pentru constringerea corporala

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LEGE no. 1.124 1.124 of 1 September 1864 for body building
ISSUER MINISTRY OF JUSTICE IOAN IWith the mercy of God and the native voinesDomnu Principateloru-Unite-RomaneLA ALL DE FATIA AND VIITORI HEALTH, On the report of our Minister Secretary of State to the Department of Justice, Culteloru and Public Instruction, with No. 42,426, in the deprivation of corporal constraint in commercial, civil and criminal matters. Listening to the Opinion of Our State Council; By virtue of the Statute of 2/14 July.We have sanctiunatu and sanctiunamu, promulgated and promulgamu what urmedia:




+ Chapter 1 GENERAL PROVISIONS + Article 1 Corporal coercion is the tending of a person at the prison for the performance of a duty. + Article 2 Corporal coercion cannot be, failure without an inadable sentence of the resca. + Article 3 The corporal constraint, for the non-payment of debts, cannot have locu de catu in the houses when the debt, for whose fulfillment this modus of failure is autorisatu, is radical to the amount determined by this law. It is not permissive to compose that amount of the debts of a person catra several creditors, candu their claims, taken in part, would be lower than the summa summa required for the application of body building. Several creditors cerendu in the same tempu and putendu casciga in against their debtor the application of the body constringera, the duration of the prison will be mesmerized after a single one of those debts, the highest at summa. + Article 4 The debtors arrested in the power of this law, voru be asked at the closed sore with the expense of their creditors, numbered before. The state being creditorous, is not dispensatu of this bond. + Article 5 In no matter, body building will not be able to apply to the man and his woman, to the fines of once, nor even for special debts. In the casu to pronounce the corporal constraint for a communa debt of the spouses, its application to the unulu dintra dinsii dispensiadia on cela-l-altu to be following closed for the same duty. The man and the woman voru be admitted, to the prevediutu casulu through the previous alinea, to give themselves to the corporal constraint, unulu dintr'insii for totu terminulu, seu fia-care for one side. In tote casurile the potu tribunals, in the interessulu of the minor children of the debtor; it is postponed the commissioning of the prison for the terminulu of one anu celu multu. It will be exempt from the bodily constraining the unicu unicu alu of a widow, as well as the uniculu son of a betranu father, tallow infirmu and without means of esistentia, and this summa candu thanks will not pass the summa summa of one thousand lei. + Article 6 Corporal constraint cannot be pronunciated nor failures in the use of man and alu woman, alu rudeloru de susu and alu rudeloru de josu, alu fratiloru seu alu suroriloru, alu uncle (mosiu) seu alu matusei, alu nephew seu alu nepotei, nor in the use of the same degree of affinity (s). + Article 7 Debitore arrestatu, seu recomendatu according to the forms prescribed by this law, the arc of the right to appeal against the disposition relative to the body building in the terminus of the dile after closed after the recommendation, even when the sentence would be given in the last instantia, seu candu debithours would be declaratu as se multiemesce pe dinsa, seu candu terminulu legalu de apelu ar fi espiratu. The debtor, calling, will reeat with them in the closed sore. Terminulu de sese dile is osebitu de terminulu celu de rectangu communu alu appeal and can not flow with it. + Article 8 In no one altu casu, except the one specifically prevediutu by this law for the application of bodily constringera, is not allowed either the Tribunaleloru of a pronunciation, nor the ver 'whose notarial authorities pass it into acts, nor ver' whose Romanu consents through the contractor. Or what following from the contrary will be null, and the offender will be subject to the liability of expenses, damages and use. + Article 9 Prison for non-payment of debt, not debt liberedia on debitore, it does not prevent the real execution of its wealth. + Chapter 2 DISPOSITIONS RELATIVE TO BODY BUILDING IN COMMERCIALS + Article 10 The corporal constraint will be pronounced, defeated with the essceptions and the more josu changes shown, in counter to the ver ' whose persons convicted of the commercial duty upon payment of a summe of one thousand lei more tallow heads. It is optional for judges from five hundred to one thousand inclusive. + Article 11 Women married caries made commerciu, are not subject to body building, candu the formalities prevediute through art. 5 from the Condica de commerciu there was no meeting. + Article 12 They are not subject to corporal coercion nor minors, part male tallow female, caries made commerciu, without the formalities required by art. 2 of the Commercial Condica was fulfilled. + Article 13 They are still exempt from the corporal constraining of the mosceners and the cases of the litigants of the commerciu Tribunal, in the casu candu are convicted, not in their own quality, but only as the depicsiators of the justice of their author. + Article 14 Corporal constraining in terms of commercială, it will not be possible to pronounce in counter to the debitoriesu caries voru fi entrants in alu sese-decilea anu alu etatei. + Article 15 In times which sentence to a summa less than one thousand heads, even in matters of police and biletu to order, Tribunalulu will be able to decide that the prison of the debtor is not put in the work of catu after one terminus of trii months celu multu soturning u from diua candu debt a become essigible. + Article 16 The prison for the commercial debt will cease by itself after the coming months, when the nation is subject to a summa of less than one thousand lei heads; for the summs of more than one thousand lei, the terminus of the prison will be added as many months as possible, for either-who adausu of five hundred lei a thousand, without being able to get passed in no one casu macsimulu de trii ani. + Chapter 3 DISPOSITIONS RELATIVE TO BODY BUILDING IN CIVIL MATTERS + Article 17 Corporal coercion will not have locu in the civil matter of catu in the boxes shown in the following articles. In the tote houses of body building in civil matters, the terminus will be bordered by the sentence of conviction, from the six months to five years, tallow if it is optional, from the trii months to the years. + Article 18 Or who will be made culpabilu de stelionatu, will be constrained to the damage of the injured party, even through the closed sore. Stelionatu is called: 1. Fapt to sell tallow to mortgage one nemiscatoru sciindu that is not alu seu. 2. Fapt to mortgage one nemiscatoru alu seu, presentandu'lu with sciintia, in counter to the certificate, by declaring espressa, as liberu, seu as only in part supusu to other hypothece seu privileges. + Article 19 Or what depositaru will be constrained by closed sore is returned the things that was entrusted to the tallow is paid damages and used; but, the necessary, the depositaries of the necessaries, the carausii and the waiters in the house when they could not prove that they were not culpable dolu; the volunteer depositors, in casings candu voru be proven culpable by dolu. Depositulu se numesce necessariu candu deponencies was needy se'lu face through ver ' an unfortunate intemplare, such as one focu, a drowning, predation and others. + Article 20 Or-who through hard facts the possession of a fondu from the possesorulu seu celu legiuitu, will be condanmatu by body constraint reintegrate and depest atatu for catu fruit and for other damage and use. + Article 21 Celu who printr'o sentintia data in matters petitore and become irrevocable, will have been convicted of lassa din mani possession of a fondu, can be, at casu of disobedience, convict printr'o second sentintia, to corporal coercion, after 15 From the date of the receipt of the sentence of the sentence. If the fondulu, which is the case, is located the home side of the convicted party more than one post, the 15-day terminus will be added by one di for either-which the distantia of a post. + Article 22 Arendebts of estates could be condemned by the corporal constraint to the performance of their duties contained in the lease contracts, if this modus of failure will have been stipulated in their contract. + Article 23 Ori-ce public persona that has the quality to receive in its manile summe recorded, tallow things filed, tallow acts entrusted by individuals, will be condemned to the closed, if it will refute a loru restituire seu représentation. + Article 24 The clerks and or what other civil servants, for the presentation of any public acts, candu she would be ordered, v' oru be constrained by closed sore in casu of disobedience. + Article 25 Guardians, curators, administrators of ori-ce besieges, and those to whom was entrusted an hour administration-which, tallow by tallow laws of catra vre-an authority, vora be subjected to corporal coercion, atatu for the giving of reckoning, for ori-what restitution would be to be made in the wake of the gift of reckoning. + Article 26 Body building is optional for judges in the following marriages: a) For damages and used in civil matters caries trecu lei trii hundreds. b) In the contrary to the other what with the evil faith voru be negatu seu voru fi declaratu that he did not know before the justice scripture seu sub-signature loru for damages and use. c) In the contrary to the holder, which is not the function of the public, the alu of a comparison actu to the verification of a script, tallow alu to an actu defamation of falsiu for bringing this document, ordered by the judges. d) In counter espertiloru in casu de intardiare seu refusu to submit their report. e) Against women. + Article 27 In the casings of the previous article, the Tribunalulu can order by pronouncing bodily constraint that it is not placed in the work intr'one terminu ce elu will edges. This suspension will not be able to be pronunciated by the catu with the showing of its motivation, and by the sentence given on the appeal. At the espiration of this terminus, the prison will be put into work without a second sentence. + Article 28 Body building, in civil matters, cannot be pronounced for a summa of less than one thousand lei. + Article 29 It cannot be pronunciated against non-emancipated minorities, nor in contrast to the secsagenaryu (enter the alu six-decelea anu). + Article 30 The corporal constraining for the causa de stelionatu, in the tempulu of cassatoria cannot have locu in contra womenu maritate, de catu in casulu candu ele au o fortune estra-dotala, seu celu putinu o fortune whose administration ' and au oprit'o pe semThem si only for the duties born with the ocassion of that fortune. + Article 31 The debtors who do not have the status of the trader, is supusu to the body building when he underwritten a police tallow one biletu la ordinu. + Chapter 4 PROCEDURE FOR BODY BUILDING IN CIVIL AND COMMERCIAL MATTERS + Article 32 The bodily constancy will not be able to put in the work of catu after a free di from the receipt of the copy of the decision that will be the pronuntiatu, and of the order of the aprodiloru head for the voluntary execution of that decision. These acts voru fi tramisse debitorelui printr'unu aprodu namely dessigatu by disa decisiire. In the order besides which the debtor will be tramped the copy of the decision, it will also be shown the loculu where the creditor ' and will be elected domiculum in the commune of the residence of the Tribunal that gave the decision, if the creditor will not be living there. + Article 33 The prison will be done through the capulu of aprodi, tallow alone, tallow accompanied by unulu tallow several aprodi. + Article 34 The debtor will not be able to be arrested: I. Before the rassaritulu even after the sorelui's apusulu. II. In the diles of legal serbors. III. In the places devoted to the cult on the catu tempu tene officiulu religiosu. IV. In the loculu and in the tempulu sedintieloru authoritiesu drawn up. V. Intr'o alta casa de catu a sa, nor in propriulu seu domicile, outside only candu The President of the Tribunal will be authorisatu this and will be the commission of one police commissioner tallow on the police of the city as s' o esecutedie. VI. In those of the two-so dile after the making of the wife tallow after the death of a dintra family members of the + Article 35 The debtor will not be able to be arrested when he is chiematu as a witness before a judge of instruction, to a Tribunalu de anteia instantia seu to a criminal court neither in the tempulu catu ' i trebe that it goes to depiction and that it is Turn. No one will be admisu probedie his chiemation as a witness in criminal matter, by the catu by the production of a salv-conductu (intr'adinsu allowed). It also applies to ori-ce alegetoru, whether in political matters or municipal, on catu tempu tene scrutinulu, in which casu is not the need for one save-driving. + Article 36 The debtor's prison will be found printr'one processu verbalu that will include: 1. Date of dilation, lunei and year in which it is done. 2. Name, professorship, domicile of the creditor, tallow the choice of home, if the elu did not live there, as well as the name, professorship and habitation of the debitorehis. 3. Object to the creditor's request. 4. Aratars by Tribunalulu and by the number of the border through which the prison was pronounced. 5. Finish of the terminus for which she was pronuncated. 6. Mention that the creditorulu has depusu summa necessara for the debtor's nutrimentulu. 7. Mention that the debtor's copy of the sentencing sentence, conformu art. 32, as well as this verbalu. Capulu aprodiloru tasked atu a face itu procesu verbalu, ' lu va subwrites together with directorulu prisons, which will have to be the fatia la a sa drafting. + Article 37 In the casu of material resistance from the debitorehis, it will be required the help of the armed putera and the debitore will still be pursued after the Criminal Condica as inaverse to the orders of the authority. + Article 38 If the commission with the execution of the prison would restrain the debitore closed in any one altu locu that is not intended by law for it, that will be pursued as culpable by the crimes of arbitrary arrest. + Article 39 Creditorulu is indebted to be deposited, May d' before a summa destined for the intratenation of the debitorelui seu in closed sore, reckoned for 30 days celu putinu. The record of a summe for less than three-so dile, it is reckoned right nimicu. Also the recording on the more multu of trii-so the dile is not messora after the diles on the catu is made, but after the periods of three-so the days that are included in the tempulu on which it is made. + Article 40 Summa what is owed to the creditor to submit for the intratenation of the debitorelui seu la closed sore, will be one hundred lei; from this two-so lei will be retenea for the Statu. + Article 41 Directorulu prisons will transcribe on the registrulu seu estractu from the sentence that authorisadia the arrest. If the capulu of the aprodi does not depict that sentence, the director of the prison will have to not get to the prison on the debtor. + Article 42 The prison debtor will be able to be recommended by the time-what altu creditoru alu seu who would be pututu ask and acquire his putting to closed sore. Also it will be possible to recommend the first of one delictu and will be through the effect of the recommendation of a retenutu in the closed chiaru and at the casu of his acquittal. + Article 43 The recommendation is the request to skin one debitore at the closed sore, and for another debt that was not the primary causa of the prisons. It would be noted for the recommendation of the same formalities as for the closed sore, except that the summa of one hundred lei necessară for the debtor's entry will be divided into the recommendation and creditorulu celu d' anteiu, if the latter will ask for it. + Article 44 In the casu of not fulfilling the formality shown above, the debtor will be able to ask for the nullity of the prison; the request will make it at the Tribunalulu localu where there is closed alone conpetinte, for the nullity of form. If the application for a nullity is based on the nullity of the foundation, such as on the election of an estinctivu alu obligatio intemplatu following the prison sentence and which deserves to be undamaged by the resce, the application will be tramissa at Tribunalulu who pronuntiatu sentintia. + Article 45 At the heels of the houses, the request for the nullity of the prison will be judged by the emergency and following the conclusion of the Public Ministerial. + Article 46 The nullity of the prison for veri-ce causa would be pronounced, does not draw by itself the nullity and the recommendation, on the catu tempu would not be and for them a decision. + Article 47 The debtor, whose prison is declared null and void on the basis of lack of form, can be arrested for the same duty, by fulfilling the required formality, but no longer curating after the days of his imprisonment. + Article 48 If the prison is declared null creditorulu will be able to condemn the debitoru catra to damages and use. + Article 49 The debtor whose prison is legal ' and will recant the freedom: I. Through the consemtimentulu of the creditor who asked for his prison and the recommendation of the recommendations, if they are. II. By not submitting before the summa for the intrathenation of the debtor. III. By entering the debtor in alu sese-decele anu alu etatei. IV. By espiring the borderline prison terminus by sentintia. V. By extinguishing the debt after some of the extinguishing modes of obligationuniloru, such as payment, erring of debt, etc. VI. Through the cessionation of the assets in the house when the body building was pronounced in civil matters, the debtor's candu is not culpabilu de dolu. + Article 50 Consemtimentulu for the arrival of the debtor from the closed sore, will be able to be given by the creditoru seu at the court, tallow on the prison register. + Article 51 The release for the non-submission of the nutrimentu money will be made in the following module: The debtor will address the President of the Court of First Instance of the institution of an application under-signed by the dinsulu and the directorate of the tallow prison if the debtor does not write, certiatu de certificate, by numitulu directoru. This request will be made in duplicate, and one will be reshuffled at the prison directorulu. + Article 52 If the creditor submits summa before what the debtor would have given to the President his request, as shown in the above articles, that request will not be received. + Article 53 Ordinance of the President of release of the debtor for causa shown in art. 50, will be given in duplicate, and one will, file at the graft, another will be tramped at the directorulu of the prison. + Article 54 The prison debtor will reclasse his freedom to pay the depunendu of triate part of the debt heads and acquire, the chieltuurs of judgment and those for his imprisonment in prison, and giving for the remassion a bail, (chediasie) received by good creditoru seu incubviintiata de Tribunalulu de inteia instantia of the place where the debtor is closed. The same conditions fulfilled being on the part of the debtor, ' lu will exempt from being pusu at closed sore. + Article 55 The Unatorulu (chedasiulu) will have to oblige solidaru with the debtor to pay the remasition of the debt intr'one terminu that will not be able to pass over one year, outside if the creditorulu will count to one more long terminal. + Article 56 At the espiration of the borderline terminal through Art. precedentu, creditorulu, if it is not found platitu on the full, it will be able to restrain the corporal constraint again against the main debtor, without the ' perdie rectangulu that has against the unator. In tote casurile, the terminus of a second constraint that would esercita creditorulu, it will not be possible to be longer than the tempulu catu that the debtor still had from the headquarters at closed sore after the one d' anta sentintia. + Article 57 The debtor liberatu by any unulu from the modes listed by Art. 49, will no longer be able to be arrested for the same debt. + Article 58 The debtor who will be the cascigatu his release through the espiration of the prison terminal, will no longer be able to be closed for debts contracted before by his prison and alu caroru terminu will be incomplete at the moment of the free casulu candu these debts, by nature and amount loru would ask for a longer closed catu the one from which he esitu to the debtor. In this house, being from the nuou pusu to closed the duration of the prison d' ance will be caught in the calculation of the duration of the prison of the latter. + Article 59 Applications for the release of a closed debitoru, voru be addressed catra Tribunalulu where the debtor is closed. Creditorulu will be chiematu to judgment in the shorter celu terminus. In the bordered diua it will be investigated causa mai ' nainte de cele-l-other cause of the same di, and Tribunalulu will give its decision after listening to the conclusions of the Publication Ministerium. + Chapter 5 BODY BUILDING IN CRIMINAL, CORRECTIONAL AND POLICE MATTERS + Article 60 The courts of Curtiloru and the sentences of the Tribunaleloru coprindietore of convictions in the use of the State to a lot (globire), restitution, damages, benefits and costs, will not be able to be executed by body building after five days free from the reception of the act of the nary de catra celu condematu. If the debtor is in prison for other debts his recomendation will be able to be ordered immediately. + Article 61 The prison made in the power of the previous article will not be able to have locu de catu after crossing one year from the diua de candu made its punishment for delictu. + Article 62 Those arrested in the power of Art. 60 voru remanea closed until voru summa payments to which they are convicted tallow until voru gives the bail received by the good of the other interessatu, or at the casu of contestation, declared good and valid by Tribunalu. The unarulu will have to be paid at the end of a month, tallow of no, it will be possible to follow. + Article 63 With these tote, the convicts of the voru caries justify the powerlessness to pay according to the modulu prescribed by art. ... of the codices of criminal procedure, voru be released after 15 days of imprisonment, when the pecuniary nations do not trecu two-so lei; after a month of imprisonment, those were radica from 20 to 60 lei; after two months, candu was spoken. radica from 60 to 200 lei; after the trii on Monday, candu voru passes 200 lei. + Article 64 Candu closed will be ceasing in the power of art. precedentu, it will be able to restart, only once, only for refunds, waitresses, damages and use and only candu Tribunalulu will find and will pronounce the fation with the debtor, that he has come able to pay. + Article 65 The speeches and sentinels of convicts in the management of the peculiarities for the repair of injuries as they were made by crimes, crimes and contraventions, voru be executed according to the same forms and by the same means of coercion. as well as the hotarias comprised of convictions in the use of the State. + Article 66 Candu condemn the nation, the pronunciation will not pass the trii hundreds lei, the release of the convicted convicts after the request and in the interessulu peculiarities will not be able to have locu, without only candu the validity of the unilateral data, payments, voru fi was u la casu de contestare, judged fatia cu creditorulu. The duration of the prison in this casu, will be the one legit by art. 63. + Article 67 In tote casuzile, and even when the debtor's powerlessness to pay could be found, if the conviction pronunciation, tallow in the bad state of the State in the bad case of a particle, passes the trii hundreds of lei, the duration of the prison will be determined by sentence of conviction from trii months to trii ani. With tote these, if the debtor of the intratu in alu sese-decilea anu alu etatei, before the sentencing, Tribunalulu will be able to reduce the minimum to 2 months, and will not be able to go over the macsimum for two years. If the debtor reaches after the sentence at the age of sixes-so years, the terminus of the prison that has been flowing, conformu to the sentence, will be self-reduced to half. + Chapter 6 MISCELLANEOUS DISPOSITIONS + Article 68 No felium of body building can have locu in against an MP alu corpus legiuitore, in the tempulu sessiunei, nor in the course of septemani before the opening tallow the closure of loru. + Article 69 The corporal constraint, pronunciation, against a function, will not be able to be put in the work of a mule after the dece of the espiration, through the President of the Tribunal, of an address incunosciintiatore catra the authority of which the dependence of the same function. + Article 70 They are subjected to corporal coercion all those who have in their hands the summe tallow objects miscatore of the State, of the public siege, of the municipality tallow of communeloru, candu not voru will be given the tallow candu, after the giving of the reckoning, He could not breathe on the full of those words of retribution of those objects. This is also applied to those who gave bail for the susu, as well as to the agents of the same. + Article 71 They are also subject to corporal coercion. 1. All cavities have contracted with the State tallow with public establishments, as intraprindietori, aprovisiunatori, commissions, la casuri candu voru be declared debtors in following the intraprinderiloru loru. 2. The caries gave the bail (chedasie) for them, as well as the agents and prepusii loru cavities had the direct carding of the intraprinderei, and tote the persons declared respunsable by the same services. This dispositions ' and will have its application without restriction of the other legied by Art. 15 and 18 of the law for pursuits, from 31 March 1862. + Article 72 They are still subject to corporal coercion all debtors and their guarantors of indirect contributions, such as saline; de vami de acside and others, cavities, avendu acquired creditu nu voru rafui la maturentia, summa la care se urca obligatisome loru. The intercedes of real failures, drawn up by Art. 18 of the law for pursuits, from March 31, 1862, are also remanu alone applicable to the debtors of the tax office in matters of direct, either personal or founding contributions. + Article 73 The sentences of the military against the military will be communicated through the Department of Justice, the Ministerial of Resbelu, to take in the military's deprivation the message allowed by the military rebutts. + Chapter 7 TRANSITORY DISPOSITIONS + Article 74 It will be established in either-which the capital of county is a cassa for the arrest of deliberators in civil matters and commercials, and another cassa for arresting debitorsu in criminal, correctiunal and politienesci. + Article 75 At the end of the month of the first months since the promulgation of this law, one public administration regulation will determine the police and the casseloru administration provided by art. prededentu. + Article 76 This law will not be put in the work of catu incependu from the dece dile after the execution of the same legied by art. 74 and 75, announced in Monitorulu officialu. + Article 77 For the debts of the caries have luatu nascere before the promulgation of this law, it will not apply to the catu after one year from the promulgation. + Article 78 Tote dispositions legal for personal esitation, by filling the home of the debtor, is repealed. Facemu knew and ordered, that those of the fation invested with the seal of the State, and passed in the ballots of the legal (Monitorulu Officialu) are addressed to Curtiloru and the administrative authorities, that they register in their registers, they are observed and make them observe, and our Minister of State Secretary to the Department of Justice, Culteloru and the Public Instruction is responsible for the vigil of publishing lorium. Datu in Bucuresci, at 1 Septemvrie 1864. ALECSANDRU IOAN. ------- | | L. S. | ------- Minister Secretary of State to the Justice Department, Culteloru and Public Industry, N. Cresulescu. ---------------