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Law No. From 4 July 1921 2,908 For Vagrancy And Cersetoriei And Infranarea For Protectiunea Children

Original Language Title:  LEGE nr. 2.908 din 4 iulie 1921 pentru infranarea vagabondajului şi cersetoriei şi pentru protectiunea copiilor

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LEGE no. 2.908 2.908 of 4 July 1921 for the twinning of vagrancy and begging and for the protection of children
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 76 76 of 9 July 1921



+ Chapter 1 About vagrancy and begging + Article 1 Vagrancy and begging are prohibited throughout the country, being considered as crimes. + Article 2 Vagrants-that is, people without heads-are those who do not have a steadfast home, no means of food and do not exercise-ordinarily-no profession or craft, although they would have means and the possibility to do so. They are also considered as bums, subject to measures and liable to penalties against vagrancy, all individuals who, whether or not they have some domicile, agonize their food by practicing or facilitating public actions or immoral games, degrading trades or, finally, any illicit acts for which no other punishment has been imposed. + Article 3 They consider themselves beggars, liable for punishment in the sense of this law, any person fit for some work and who, having means of existence, or being able to procure, appeals-out of habit-to public charity, in order to achieve personal benefits, in any way and in any place. + Article 4 No one can be declared a bum or a beggar if he has no age of at least 10 years. + Article 5 The domicile of the beggar is determined by a continuous residence in a locality for one year. He is taking down and losing himself in the manner provided for in the regulation. + Chapter 2 Institutions of assistance and reception. Assistance offices + Article 6 In addition to each commune the county seat will be established an assistance office, which will care for the placement office to find jobs suitable for those who are looking for work, helping them to placement. + Article 7 The communes are obliged to provide in their budgets a special fund for assistance. From this fund it will help, with preference, beggars found unfit for any kind of work. + Article 8 Social assistance sets up: a) The hospices for infirm and powerless; b) School of correction and protection for minors; c) Colons of work. + Article 9 The feasts of infirmities are intended to receive exclusively on beggars and homeless infirm and old, unfit for any kind of work, which the judiciary provides to social assistance for admission. The sayings of the hospices will also be able to receive the elders, the infirmii, the needy who will ask and will deserve the protection of social assistance The schools of entitlement and protection will receive individuals younger than 18 years old, whom the judiciary provides to the assistance for correction and guidance to a trade. Labor colonies are institutions of correction through work and will receive all those whom justice condemns to execute their punishment in this way. + Article 10 Any person fit for some work, admitted to a colony, is obliged to exercise any kind of work he is given, according to his skills, as will be shown in the colony's management regulation. + Article 11 The inner regime in the colony, the discipline, the issue of work remuneration, the deductions from salary, will be determined by a special regulation. + Chapter 3 The finding of vagrancy and begging. Triage. Courts of law + Article 12 All public force agents, both in urban and rural communes, are obliged to bring before the police officer in the constituency closest to the place where the crime was committed on all individuals found vagrant and begging. + Article 13 The police officer will immediately prosecute the case, to determine whether or not he is in the face of a misdemeanor of begging or vagrancy, also listening to witnesses in fact, from will be. The findings will draft a minutes, signed by all those who were heard, countersigned by the agent who caught the delinquent. The minutes will also show the court where those accused of vagrancy or begging, according to art. 17 17 of this law. + Article 14 The individual together with the documents addressed will be submitted on the same day to the assistance office provided in art. 15. At the latest the next day he will undergo a thorough medical examination. He will be determined his identity, physical condition, mental state, the kind of life he leads, after which the doctor will give his opinion whether or not he is fit for some work, or is to be sent into the care of a hospital or hospice. In the localities where there will be no assistance offices, the respective communal doctor has the obligation to examine and tria those accused of vagrancy and begging. + Article 15 A triage office of beggars will be established in the cities of the county residences. The office receiving from the police constituencies those found vagrant, begging, and in general any person who cannot justify having any profession or profession, will subject them to the exam of a doctor specifically responsible for doing their triage. + Article 16 Those sheets shall be drawn up at the triage office in accordance with the provisions laid down in the Regulation. + Article 17 Vagrants and beggars thus triati will be immediately submitted to any court in the locality, and those who enter the cases provided for in chapters V and VI of the law will be submitted directly to the county court. Both the court and the court will adjudicate the emergency business. By sentencing the judge and the court are obliged to order the arrest of the defendant. If the defendant has witnesses to propose and when this evidence is found useful by the court for his guilt, the business will be able to be postponed to the next day. The accused will remain under guard, and the witnesses who enter the direct jurisdiction of the tribunal will be immediately tried in the council chamber, in complete by 3 judges, also listening to the conclusions of the public ministry. Both the court books and the sentences that will be ruled on the basis of this law are without right of appeal and appeal, and in case of conviction they will provide for the arrest of the defendant. + Chapter 4 Penalties + Article 18 Any individual fit for work, proven culpable of vagrancy or begging for the purposes of this law, will be subject to the punishment of colonization for work from 5 days to one month. The punishment will be executed at a labor colony or in the arrest of the police or the town hall of the commune where the crime was committed. During the sentence the convicted sentence will be removed daily at work requiring the ripening, washing and repair of streets, maturation and maintenance of kindergartens or town hall premises or other public authorities determined by the mayor or in utility works public. During this time the mayor or those in the interest of whom the work is performed will care for those due to the convict in relation to the work done. The public ministry is in law to supervise the fulfilment of this provision. + Article 19 It is relapse if within one year from the execution of the first sentence the convict will commit a new similar offence. In this case he is liable for punishment from one month to 6 months, without the application of art. 60 of the penal code. The execution of the sentence will also be possible in the previous article. + Article 20 If after the expiry of this sentence the convicted one commits within a period of 5 years from its execution a new similar offence, he shall be punished with settlement for work from 6 months to 5 years. To this end, the court whose decision has remained final will bring to the attention of the general direction of social assistance, which will care for the strict execution of the latter measure. + Article 21 Vagrants and beggars found unfit for any kind of work, as well as minors younger than 18 years old will not be sentenced, but will be put through the court's decision to the provision of social assistance, which will be able to reeducate, internally or net. + Article 22 Those declared vagrants or beggars, of foreign nationality, will be expelled from the country, after the execution of the sentence, by order of the government. + Chapter 5 About the bums and the minor beggars + Article 23 Children younger than 18 years old who will find themselves vagrant, begging or exercising inappropriate trades with age and their skills, in order to make them useful to society, can be picked up by the authorized bodies of social assistance and internees, with the authorization of justice, in the schools of entitlement for minors, where they will be held to the majority, marriage or entry into the army. Social assistance can entrust the protection and education of a benefit institution, subsidized or authorized to operate by the social assistance bodies, if it takes its formal obligation of young people, their care and supervision under the control of the social assistance bodies of the ministry of labour and prosecutor's office + Article 24 The minor himself may ask the court of consent to be entrusted to one of the institutions provided by art. 23. + Article 25 Parents and guardians of minors and minor beggars will not be able to object to their admission unless they prove that they have a sufficient material and moral state for their maintenance and education under the control of social assistance. This intervention will be done at the court, which, also listening to the conclusions of the public ministry, will rule with the adjudication of the question for the laying of the minor at the provision of social assistance. + Article 26 Under the same conditions may be admitted for entitlement and children to the persistence of their parents or guardians in the cases provided by art. 329 329 of the civil code. + Article 27 Minors will not be able to be removed by their parents or guardians from the institutions where they have been admitted to the majority, marriage or entry into the army. All this time, however, the nurse can entrust them to different branches of activity, and their work and maintenance will be done under the control of social assistance. + Chapter 6 Various crimes savirsite by vagrants and beggars + Article 28 The vagabond or beggar who will find himself dressed with changed port, or with weapons, even if he will not be used, or if he will find himself at the dance passports or fake road tickets, or by the name of other people, or having oppress any tools that can be used, either for the commission of theft or other crimes, or to facilitate his means to enter through the houses, will be punished with work in the colony from 1 year to 2 years, without the application of art. 60 of the penal code. + Article 29 He will punish himself with work in colonies from 6 months to 1 year: Any beggar, even invalid, who will enter a dwelling or in a closed place, without invoking the owner or those who live there; Any invalid beggar who will simulate wounds or infirmities to cause public mercy. + Article 30 It will be punished at work in a correctional colony from 6 months to 2 years: The beggar who will seek to provoke public mercy begging with young children in the communes where there are public institutions recognized by the State to receive them. He will punish himself with the same punishment Anyone who will beg, except if they are not spouses and wife, father or mother, with young children, in the place where there are no public institutions, recognized by the State, to receive them; the blind and the one who leads him or a cripple of both legs and the one which leads him; With the same punishment will be punished both the beggar and his companions; Any beggar or vagabond on which will be found effects of a value of more than 200 lei and that will not justify their origin. + Article 31 It will be punished with the punishment of labor in the colony from 1 year to 3 years the beggar or the stray who uses threats or violence. If such a beggar or vagabond would find himself dressed with a changed port or bear arms, although he will not be used to them, or he will have the tools provided in art. 28, will be punished with the maximum of this punishment. + Article 32 In all cases provided for by this chapter, art. 60 of the penal code is unenforceable. + Chapter 7 Final provisions + Article 33 Any beggar boarding in a hospice for infirm and powerless, after a stay of at least a year, will be able to ask for social assistance to be released if it justifies that it has acquired sufficient means of existence, or that someone else takes the formal obligation to care for him to not let him beg. The one thus placed in freedom, of will be caught again begging, will be domestic a second time and will no longer have the right to ask for release. + Article 34 Social assistance can put at large any individual admitted to a school of correction or protection for minors, if he judges that his admission is no longer necessary. + Article 35 All those referred to in art. 33 and 34, if by any means, other than those indicated by these articles, they will be able to regain their freedom, they will be pursued and hospitalized again, without being able to have in the future the benefit of the release provided in art. 33 33 and 34. + Article 36 Security of all the institutions mentioned in art. 8 of this law falls to the military authorities. The bodies of the band, at the intervention of the general direction of social assistance, are obliged to give sufficient numbers to make anywhere the guard of beggars and vagrants carrying out works of any kind. + Article 37 The date of implementation of this law will be determined by the Ministry of Labour by a ministerial decision. The decision will show whether the law is to apply at once across the country, or gradually in the various counties. + Article 38 All the provisions of the contrary of this law are also abograte. This law was voted on in the Senate at the meeting of 14 April 1921 and was adopted by a majority of six dozen and nine votes, against five. President, General C. Coanda ((L. S. S.) Secretary, I. Br. Hodosiu This law was voted by the Assembly of Deputies at the meeting of 18 June 1921 and was adopted unanimously by ninety-eight votes. President, Duiliu Zamfirescu ((L. S. A. D.) Secretary, Nicolae Manolescu We promulgate this law and order that it be invested with the seal of the State and published through the Official Gazette. FERDINAND ((L. S. St.) Minister of Labour and Social Security, Grigore L. Trancu-Iași Justice Minister, M. Antonescu -------------