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Law No. 144 Of 19 December 1925 For The Court Of Cassation And Justice

Original Language Title:  LEGE nr. 144 din 19 decembrie 1925 pentru Curtea de Casaţie şi Justiţie

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LEGE no. 144 144 of 19 December 1925 for the Court of Cassation and Justice
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 282 282 of 20 December 1925



+ Title I Organizing the Court of Cassation + Chapter 1 Drawing up of the Court of + SECTION I Division of Court Councillors and prosecutors + Article 1 For the entire Romanian State there is only one high court of cassation and justice. + Article 2 The decisions of the Appeals Courts and the Courts with jurors, as well as the sentences of ordinary courts given as appellate courts, the sentences of special jurisdictions and military tribunals, in the cases and manner established by law, will be rendered with appeal to the High Court of Cassation. The cases in which, by way of derogation from the general jurisdiction of this Court as a court of appeal, the law will be assigned to another court that jurisdiction shall be exempted. + Article 3 The court of cassation consists of a first-president, three section presidents and 42 councillors. It is divided into three sections. Each section consists of a president and the number of councillors following: section I with 18 councillors, and sections II and III with 12 councillors each. The section president and councillors are permanent at the wards they belong to. Totus in case of holiday at a ward, the Ministry of Justice, with the assent of the first president and the section presidents, can give preference to councillors from the other wards who ask for the vacant places. + Article 4 The conditions of admissibility for the appointment of the members of the Court of Cassation, as well as their position, are those determined by the law of judicial organization. + Article 5 The public ministry under the Court of Cassation consists of a prosecutor general and 5 prosecutors of the section. They are unremovable under the same conditions as the members of the Court of Cassation. + SECTION II Assistant magistrates + Article 6 In addition to the cassation court will operate a number of assistant magistrates, namely: a first assistant magistrate, three first class assistant magistrates and 18 class II assistant magistrates. Assistant magistrates are part of the court order. + Article 7 The First Assistant Magistrate has the rank of Appeal Court Advisor; he is charged with the publication of the Court of Cassation Bulletin: takes part in the sections-united of the Court and in disciplinary commissions and may take part in the meeting of any section, after the first president's delegation. He is the head of all the assistant magistrates and the officials of the Chancellery of the Court The Class I assistant magistrates have the rank of tribunal president and will be able to be put forward after the internship required by the judicial organization law for magistrates in general up to the degree of appeal court adviser. They care to guard the good order in keeping the registers and all the papers in the chancelleries of the wards. + Article 8 No one will be able to be appointed assistant class II magistrate if he does not have a bachelor's or doctor's degree in law and if he has not held the position of judge of court or judge, prosecutor, or a time of at least 2 years that of alternate, substitute, aid of judge, of Registrar or aid of graft to an appeals court. They have the rank of judges of the court and will be able to be put forward after the internship required by the law of judicial organization for magistrates in general up to the rank of first-president of the court. The assistant magistrates will be appointed only with the opinion of the Court of Cassation, and in terms of their submission on the spot and discipline, the provisions of the law of judicial organization corresponding to the degree that have it in the magistracy will be applied to them. The number of assistant magistrates of Classes I and II may be increased, on the basis of the report of the first President of the Court, by the Ministry of Justice, by annual budget, in relation to the They are divided by sections by the first president with the assent of the presidents and take the place of the first assistant magistrate, after seniority, in his absence. + Article 9 The assistant magistrates verify and ascertain the fulfilment of the proceedings of the appearance of the litigating parties making mention of it on the file sheet; drafts the decision under the control of the rapporteur and the president and summaries the case to the decisions whose publication in the Bulletin was ordered by the Court. In the event of preventing the rapporteur, the president will be able to charge another adviser with the control of the drafting of the reasons for the decision. The same commission will also be able to give it in the cases in which it is not made a report, or when the difficulties of the issues inferred on appeal advertise the direct drafting by an adviser. + Chapter 2 The Court + SECTION I Composition, presiding and functioning of the panels + Article 10 The First President presides over the entire Court in the United States, as well as the precincts that are to judge the differences and may preside, when they believe in their conscience or service, and every section or full of judgment. In the absence of the first president, in all cases shown, the meetings will be provided by the section presidents, according to the order of the seniority, and in the absence thereof, by the most old among the members present. The wards or the panels, in the absence of the presidents who can preside over and any of the complete-will preside over the oldest of their members. When the first president presides, section presidents function as members. + Article 11 The presidents and counselors of the Court of Cassation have their seats in the general meetings and in the sections after the row of their appointment. + Article 12 Each court hearing will hold at least 5 hours, beginning at 1 p.m. The first assistant magistrate will hold a register of the presence of the members of the Court. The first president and, in his absence, the presidents of wards, after the age row will conclude daily the sheet of attendance at 1 p. m., finding which the members came on time and confirming that the meetings were open or not at the legal time. Absent members without leave or arriving after legal time, apart from the disciplinary measures at which they are exposed, lose the right to the fee for, days of absence or delays. The first president will submit to the Ministry of Justice the list of those absent The same measures also apply to assistant magistrates and court officials of the Court. The Ministry of Justice through the body of the Prosecutor General of the Court as well as the Prosecutor General of itself, have the right to control the strict guarding of the measures prescribed + Article 13 In the bosom of the first section will be two complete of 7 councillors. They will not have a permanent composition, but the counselors will alternate, and the adjudication of the panels will follow concurrently or successively. The distribution of appeals, in order of their registration, will be made, in the bosom of each section, by the president of the respective section. Sections II and III, will judge with a full seven councillors. When this number cannot be fulfilled with the members of the section, due to illness, holidays, recusal or other such circumstances, the number is completed with councillors from the other wards, drawn with the first-president balls in the public meeting with the public ministry. Each complete from any section is competent to judge any appeal coming from the constituency of any Court of Appeal. + Article 14 No decision can be made by a section or a panel of the Court if at least five voices are met. + Article 15 Happening not to fulfill the number of voices required by art. precedent, the panel called to decide on the divergence will be composed of 11 members. In the composition of this number will enter the first-president or his replacement, the present and non-representative members of the respective section and the rest until the legal number is completed, will be taken from the councillors of the other departments according to art. 13. If the appeal of the appeal is not able to form the majority of 7 voices, the appeal will be sent to the judgment of the united states. + Article 16 When the Court of Cassation judges in sections-united must be present and take part in judgment at least 31 councillors. The plot will always be composed of an unpaired number. In such a case a decision can only be given with an absolute majority of voices. + Article 17 Sections II and III and each complete in the first section will hold at least four sessions per week. The united sections are as often as necessary. In cases in which a section of the Court would find that it is the place to return to a jurisprudence established by one of its panels in the course of 5 years prior to the judgment of the appeal in discussion, the Court will be constituted with the panel required for Divergence. When that caselaw was established by the sections-united of the Court, then the appeal will also be judged in the united section. The appeal will also be judged in sections-united in the case when a section would find that it is the place to return to a jurisprudence established by another section. + SECTION II Public Ministry + Article 18 The Attorney General is being held to assist and put conclusions in all affairs at the meetings of the sections-united and at the meetings of divergence. In case of lack of prevention, the Prosecutor General is replaced by the most old section prosecutor, or by the one delegated by the dance. + Article 19 Prosecutors have the right to give their opinion on the application of the law and to take conclusions in all cases that are opened before the Court. They are obliged to take conclusions in all criminal affairs, and in civil or commercial affairs only in cases provided by civil procedure and special laws. Prosecutors cannot, in any case, take part or witness the deliberations of the judges, who are always secret. Prosecutors cannot be recused. In case of lack of prosecutor, the first president or the one who replaces him will delegate to one of the members of the Court to take conclusions in the meeting. + Article 20 The attorney general has the right of control and vigil over the conclusions prepared by the section prosecutor to put them before the Court. If the attorney general does not approve the conclusions of the section prosecutor and he persists in his opinion, then the attorney general will take part in the meeting, or delegate another prosecutor. + Article 21 The public ministry, directly or taking a deal with the Minister of Justice, will be able to attack, before the Court of Cassation, for the bad interpretation of the law, the perfect decisions and the acts of the other courts in civil cases, even when they will not attacks by interested parties, but only in the interest of the law and after the expiry of the appeal The casing decision that will intervene in such cases will have no effect for the parties. + Article 22 The Ministry of Justice, addressing by the Attorney General of the Court of Cassation or the address, or following the initiative taken by him and without the prejudice of the right of the interested parties, will denounce to the Court of Cassation any decision and any act by which judges would have appropriated attributions over their competence and would have committed an excess of power or relative delicacy to their instruction. In case of crimes, when the Court will annul those decisions or acts, it will be immediately constituted in the Court of Justice, according to art. 59, para. 2, and proceed to the judgment of the culpables. + Title II Jurisdiction and procedure + Chapter 1 Jurisdiction + SECTION I Jurisdiction of the Court of Cassation + Article 23 In private law cases the Court operates as a Court of Cassation. + Article 24 The Court of Cassation judges in this capacity the requests started against the decisions of the courts of first instance not subject to appeal and against the perfect decisions rendered by the appellate courts. However, the uncompleted decisions can be appealed with appeal in the exceptional case provided by art. 22 22 and art. 28 28 para. II. The Court may not receive applications in cassation against the foregoing or discerning decisions, their scrapping shall be required only after the final decision on the merits of the trial has been given. + Article 25 It also judges the requests made against the perfect decisions of arbitrators, when they judge as a court, according to the rules of procedure in force, how and against judicial decisions that would have intervened according to the law arbitral. + Article 26 It is also pronounced against the judgments of the military courts, but only: 1. For the cause of non-competence, when it will be given against an individual of not being military, nor assimilated by having to function by law with the military. 2. When they are attacked by the government after the contents of art. 22 of this law, in which case the convicted military can use the request in cassation formed by the government. + Article 27 In this quality the Court rules on the requests for annulment made by the Ministry of Justice pursuant to art. 22 of this law, in the contrary to judgments, whether or not consummated, or court documents of any court, which would include an excess of power or would be made without jurisdiction. Such requests may be made by interested parties, but only when the uncompleted decisions or court documents can be appealed on any other ordinary course and the course of justice would be interrupted. + Article 28 Finally the Court of Cassation rules: 1. On requests for the displacement of the pricins from one court to another, or from one Court of Appeal to another, for the word of legitimate suspicion or public safety. 2. On the conflicts of jurisdiction between two or more Courts and tribunals will be subject to different appeals courts. Conflicts of jurisdiction between two or more tribunals subject to the same Court of Appeal shall be adjudicated at the Court of Appeal to which they are subject. 3. On the judgments of the contrary given by the same Court, or by two different Courts, or by a court and a Court, in one and the same cause, between the same persons and the same circumstances of persecution. 4. On the requests for appeal started against the decisions touching the complaints arising due to an expropriation. 5. And in general all the subjects that will be assigned to him by the law. + Article 29 All the Court of Cassation will judge-and this with an exclusive jurisdiction-the question of the constitutionality of a law deducted in the judgment of any jurisdiction, and may declare unenforceable those that would be contrary to the Constitution. The court before which the question of the constitutionality of a law will be raised will continue to judge the trial, remaining that the constitutionality thing be brought to the judgment of the sections-united of the Court of Cassation after the trial has been resolved definitively, even in cassation by resolving other grounds of appeal by the competition section. This will also be the case when the constitutionality thing is raised before other courts of law, judging as courts of appeal. In this case the party that challenged the constitutionality will appeal the decision in the form of a special appeal before the united sections to decide on the issue and the house the decision in case when it will establish the unconstitutionality of the law in speech. If the applicant consents to the suspension of the judgment of the business with the occasion of which the constitutionality of a law has been raised, the court will suspend the course of the judgment and immediately send the case to the case of the Court of Cassation. The court, in the united section, will judge this matter of urgency and especially before any cause. In case of rejection of the incident of unconstitutionality, the Court will compel the party that raised him to pay all justified costs and will still be able to oblige and damage interests equal to the costs of the court, when the incident rejected was raised from a manifest spirit of taraganire or hindering judgment. + Article 30 The scrapping of a decision may also be required in the following circumstances: 1. When the judgment was not followed by the number of judges required by law; 2. When the decision was given by judges other than those who took part in the dissolution of the trial in substance; 3. When the court or the court that judged the trial shall be composed by judges who have not fulfilled the conditions required by law; 4. When the conclusion of the courts or courts of appeal, given by way of dissolution to the stumps arising with the occasion of the implementation of a final decision, or the bringing in fulfillment, will be attacked with the contrary of the final decisions; 5. When the decision does not contain the grounds on which it is based or when it is based on articles entirely foreign to the nature of the cause, or when it omits to rule on a means of essential defense in question; 6. When the court or court made a bad application of the law, or they ironed out forms of procedure essential for the validity of judicial decisions; 7. When these courts have exceeded their jurisdiction or have committed an excess of power in the sense that they have passed into the attributions of another power constituted in the State; 8. The request in cassation initiated against a decision under the word of bad interpretation of the convention, shall be received only when the interpretation given by that decision would change the very nature of the convention, or would distort its clear and manifest meaning. Doubtful; 9. When he commits a gross error of fact or an excess of power. + SECTION II Jurisdiction of the Court of Cassation + Article 31 § § I. Section I will judge appeals in civil matters, except those referred to sections of the others by this law and special laws. § § II. Section II will judge the appeals: a) in criminal matters, correctional and criminal contraventions; b) against the decisions given in terms of separation, the security of children, the food board in terms of divorce and heritage separations; c) in order against the orders of adjudication in matters of forced expropriation; d) in contrary to the judgments given on appeals to execution and against all those intervening in the course of any execution; in terms of attachment and seizure of the insurer; e) against the decisions given on the consolidation of the rights of any dispute in mining matters; f) in counter decisions of military tribunals within the limits of art. 26 of this law; g) against the decisions of the arbitrators in civil matters, as well as in the case of judicial decisions taken on the occasion of an arbitral judgment; h) against the decisions given according to the forestry code; i) in matters of organization and administration of tuteles and curates. § § III. Section III will judge the appeals: a) on the contrary to the judgments given in commercial matters, as well as against the decisions of the arbitrators or the decisions given in respect of an arbitral judgment in this matter; b) on the contrary to the decisions given pursuant to art. 66 bis of the Romanian civil procedure (reference) and against decisions given in matters of judicial seizure on the basis of art. 1632 of the Romanian civil code, combined with art. 615 civil procedure; c) against the decisions of the Court of Accounts; d) in the case of decisions on expropriation; e) in the case of decisions on pensions; f) in the case of decisions and judicial decisions given in administrative or fiscal matters, as well as against those data in matters of administrative litigation; g) in the case of decisions of the Court of Appeal in the cases provided by art. 15 of the law for the organization and administration of theatres in Romania, as well as in the cases provided by art. 10 of the law on name; h) this whole section will judge the conflicts of attribution. + Chapter 2 Procedure + SECTION I About the request in scrapping + Article 32 The request for scrapping shall be made by petition in writing, submitted by the party or its trustee to the President of the Court of Appeal whose decision shall be appealed or to that President of the first instance. There will also be the appeal and the public ministry when it is a main party. + Article 33 The term of appeal, both in civil matters and in commercial matters, is one month from the communication of the decision that is appealed, without distinction if the decision was given in absentia or contradictory. In the cases provided by special laws those deadlines will be followed. + Article 34 If the interested party dies during this term without having started the request in the scrappage then the term flows: for the present and major heirs from the moment of death, for the minor heirs or declared incapable of any other cause, or for the case when the inheritance will be vacant, the term will flow from the day on which a tutelage or a cleaning will be called, or a provisional administrator. The appeal in the marriage, in any case, does not count a deed of receiving the inheritance. + Article 35 The request in the cassation will be accompanied by the copy of the contested decision, communicated to the party, as well as by the taxes provided by the stamp law and registration or by the acts of poverty. The payment of fees for the citation of the parties will have to be made with the filing + Article 36 The appeal will have to be motivated by the very petition of appeal or by a special petition filed within the term of appeal, counted only from the communication, to the president of the Court of Appeal or of the tribunal, according to those provided in art. 32 32 of this law. In criminal affairs, correctional and simple police, the means of scrapping can be filed until the first day fixed for trial. The reasons will have to be formulated in the first part, in an enunciative form, with everything summarized, indicating only the text of the law, or the principle of law violated and in what sense, and in the second part to follow the development and argumentation. The president of the court who receives the appeal will return the application for appeal, if it is not drafted in the conditions provided for, extending the right of appeal by 5 days, in order for the appellant to comply with the requirements of the law. Once the term of appeal has expired, the means of scrapping can no longer be filed, nor exchanged in their fund, or added. Within 15 days from the receipt of the copy of the appeal with the reasons for scrapping, the intimate will make his/her wishes through a memo filed with the court where the appeal was addressed and to communicate it, in copy, to the appellant. The Registry of the respective court will care to send the Court of Cassation the complete case with these documents, together with the evidence of their communication, as well as with the evidence of communication of the contested decision, or with the mention of its non-communication. In civil and commercial affairs in which the public ministry is called to submit conclusions, according to the civil procedure or special laws, the grounds for appeal will be filed with an additional copy, intended for the prosecutor's office. + Article 37 Failure to deposit the means of disposal within the time required by art. 36 attracts by law the nullity of the appeal. + Article 38 In criminal matters, correctional and simple police, the appeal in cassation is made in the manner and terms provided by the code of criminal procedure. In any case, in all these matters appeals can be addressed both to the substantive courts and directly to the chancellery of the Court of Cassation. In all these matters the grounds of appeal will be filed in duplicate. + SECTION II Division of appeals to sections + Article 39 All entrants shall pass from the moment of their entry into a general register in number, after the date and turn of the entry. The first president then divides them between the sections, where they pass in particular register, iaras with number, after the date and turn of the entries. + Article 40 In each section there are two registers; in one the urgent cases are passed, in the other ordinary causes. The causes are sororated after the turn of their entrance, apart from the urgent ones, which fall. The cases declared such by the laws or the respective section of the Court shall be counted. + Article 41 The first president and the section presidents fix the deadlines for judging the appeals. The punches subject to subpoenas fees will not be sordid unless those fees have been paid. + Article 42 The President, sororating the appeal, shall also designate the Member responsible to draw up the report on the appeal. The distribution of files for this purpose between the members of the section will be made equally after the order of their entry and after the age of the members The report will include in summary the statement of the object of the complaint, the settlement of the last court and the facts found by the court, limited exclusively to the extent necessary to settle the appeal. In the form of objective observations and without showing his personal opinion, the report will refer to: a) On the conditions of form, of admissibility; b) On the essential points of support of the contested decision and whether the date is in agreement with the case-law of the Court of Cassation or after cases with doctrine. The rapporteur is obliged to submit his report, in ordinary cases, at least 5 days before the day of his appearance; and in urgent cases at least 3 days before the day of his appearance. In criminal matters the report is only necessary for the business of jurisdiction of the Court with jurors. + Article 43 Each assistant magistrate of the ward is obliged to keep the list on a special condica of appeals fixed for trial every day. These lists will be displayed until the day of the judgment in the chancellery of the Court, in the sedative hall and at the door + Article 44 The prosecutor returns the case to the Court with all papers, with 3 days off before the day of appearance. + SECTION III Research of appeals + Article 45 The meetings of the Court of Cassation are public, only when their advertising could achieve good morals, in which case this is declared by the end of the journal with the majority of votes. Such a journal, when it is touched by the research of political and press crimes, or the research of the pricins provided in art. 58 and the next of this legion can only be concluded unanimously. + Article 46 After reading the report the parties or their defendants have the right to speak, asking for permission from the President of the Court, who will be able to limit the time In all appeals, without any exception, the Court will examine the means of scrapping and in the absence of the appellant, with the condition that the appellant communicate to the Court that he understands to support his appeal on the basis of written pleas, filed on file. In the absence of this communication from the appellant, the appeal will be dismissed as unsupported. In order to establish that the appeal was introduced within the legal deadline, the clerks of the Appellate Courts and the courts will be obliged to make the mentions provided in art. 36. In the affairs in which the decisions can be communicated and administratively, the administrative officer will be obliged to make, in double copy, the proof or the minutes of communication, giving one to the party that makes the communication, submitting the other the court of which the decision communicated it, in order to attach it to the file. If at the day of appearance the Court finds that there is no copy of the proof of communication, or of the minutes concluded by the administrative agent, or the intimate does not present it, in these cases the appeal will be considered as made within the deadline. When the communication of the decision was made through the port, the appellant is obliged to present a certificate of the porters until the day of appearance if the proof of communication was sent by the port and submitted to the file. The lack of proof of communication and the failure to present the certificate of porters attract the nullity of the appeal without the Court being able to grant any time for bringing them. + Article 47 In all cases the prosecutor speaks the latter. Only then can the parties speak the latter, when the public ministry will be above the main part in the process. + Article 48 The debauchery being terminated the Court withdraws in the deliberation The opinions gather by the president after the appointments, starting from the latter adviser appointed. The opinions being collected and the decision written and subscribed by the members, the Court or the president reenters the praetorium and the assistant magistrate reads in the hearing of all its contents. + Article 49 The decisions of the Court of Cassation are pronounced in the name of the law and are executed on behalf of the King; they mention the parties ' meetings, the prosecutor's conclusions, the reasons and the device, the number and the names of the judges who took part + Article 50 The decisions of the Court of Cassation are regarded by law as collective acts of the entire Court, and not of a part of the members who compose it. Therefore, none of the judges have the right to give special written opinion, but all are obliged to underwrite the decision of the majority to find and entrust it. If in the course of deliberation on an appeal judged in the united sections more than two opinions arise without either meeting the majority of votes, then the opinion of the fewest in number must unite with one of the two. Opinions that meet several voices, to be able to give a decision of majority. + SECTION IV Effect of Court of Cassation decisions + Article 51 The scrapped court decision counts as if it were not and no longer has any power. That is why any acts of insurance or enforcement will be made in the power of such a decision abolish everything. + Article 52 When the Court scrapes, it orders the sending of the business to the judgment of the same courts that has tried and before which it will proceed to trial by another section, or other completely of that court, if the business is liable to receive a result of judgment. If the procedure is scrapped, it will restart from the last tainted act. If the court whose decision was scrapped has ceased to have legal exigency, the business will be sent before a common law court with the appropriate rank after the Court's assessment. When the interests of justice demand, the business can be sent and submitted to another court than that which judged the same degree. + Article 53 The court of cassation does not send the business to another court or Court, but states it insas in substance, whenever it is a simple application of the law to the constant facts, such as cases of trial authority, or prescriptions, in which The facts are not disputed, or similar ones when a fact check is not required, nor the examination of new evidence elements and their particular appreciation. There is also no place to be sent for a new judgment, but the Court of Cassation declares only without any power the judicial decision in the following cases: a) When the marriage is pronounced for the word that the house decision has condemned unforeseen facts; b) When it abolishes a decision because it has received appeal or opposition over the term legiuit; c) When cancelling decisions for the counter-party with other perfect decisions and terminations of dissolution for the implementation of final decisions, contrary to these decisions; d) When he abolishes decisions in criminal matters by which the accused has been declared innocent; e) In case of admission of the appeal and when the Court of Cassation states on the fund, the execution of the decision of this Court, will be made by the court of law whose decision was reformed and this after the request of the party, by intervention of the Court of cassation. + Article 54 In case of casing with reference, the decisions of the Court of Cassation on the settled points of law are mandatory for the court of law. If the judges of this court do not comply with the decision of the Court of Cassation, they will be sued by the disciplinary board. The decision scrapped again will be sent to the same courts that will judge according to art. 52. + Article 55 The decisions of the Court of Cassation given in the absence of the parties are without opposition in any matter. + Article 56 The decisions of the Court of Cassation, after they will be established in her register, will also be transcribed in the condica of decisions of the courts or courts whose decisions have been scrapped. This registration will be done through the care of the public ministry or stakeholders. + Article 57 The decisions of the Court of Cassation whose publication was ordered by the Court will be published in the collection bearing the title of the Bulletin of the Court of Cassation. In order to draw up this publication, a special biurou of the Bulletin of the Court of Cassation is created at the Court, composed of a head of biurou and 2 impiegati, who will work under the direction of the first assistant magistrate. + Title III Court jurisdiction as High Court of Justice + Article 58 In political cases and in the exceptional cases provided for in the present law, the Court judges that the High Court of Justice in sectiuni-united. + Article 59 As the High Court of Justice, the Court judges the accusations directed against ministers, in the conditions and with the forms provided by art. 98 of the Constitution. Also as the High Court of Justice and in sections-united the Court judges the high dignitaries provided by special laws. It has the right of exclusive jurisdiction over its members in criminal matters. + Article 60 In case of charge started against dignitaries provided for in the previous article, others than ministers, the section will investigate more intaiu the admissibility of the accusation and only on the case of admission the accused will go before the united sections. + Article 61 The accusations against the patriarch, the metropolitan, the diocesan bishops and the archers in the cases provided for by the law are always judged by the court's complacency in the united section. + Article 62 In the case provided by the previous article, by chance of not being able to form the plot because of the recusal or others, the number of judges shall be completed with the members of the Court of Appeal in Bucharest, by drawing lots, followed in the praetor The court of cassation in public sitting and in the being of the accused, at least 15 days before the appearance. Both accusations and the public ministry have the right of recusal and against the members of the draw. + Article 63 The defendants have the right to choose their defenders. When they refuse to choose their defenders, the president gives them an ex officio. + Article 64 In all these cases, the Court judges and decides in substance. The judgments of the Court of Justice given in the power of this article shall be executed by the + Title IV Court Service + Chapter 1 Chancellor of the Court of Cassation + Article 65 The chancellery of the Court of Cassation consists of a general registrar, 2 registrars, 3 archiving, 6 archival helpers and 36 impiegati. The chancellery of the general prosecutor's office of the Court of Cassation consists of a first secretary, a secretary's aide, a registrar-archivist and an impiegat placed under the direct vigil of the Prosecutor General. The current secretary will become the first secretary to the implementation of the present law. The above impiegations of the Court will be appointed, put forward on the spot and removed from service by the first president together with the section presidents, and the impiegations of the first-president prosecutor's office together with the attorney general. The conditions of admissibility for these officials will be determined by the application regulation of this law. Their number will be increased in relation to the needs of the service. All these officials will be able to be put forward in the following way: A) Impiegates, registrars and archival helpers, in operation at the implementation of this law, who will be having a 2 years of age in operation who have occupied, will be able to be advanced on the spot, receiving the court graft aid Class III; All of them when they will be given the age of 3 years in their duties, will be able to be advanced on the spot, receiving the salary of the class II court clerk; Also those with 5 years, receiving the salary of the court clerk class I; B) The general registrar, the archiving and the assistant secretary of the prosecutor's office, who are in operation with the implementation of this law, who will be having a 2 years of age in their duties will be able to be advanced on the spot, receiving the salary of the function of Class III court clerk. All these when they are 3 years old will be able to be advanced on the spot receiving the leaffe of the class II court clerk. Also those with 5 years will be able to be advanced on the spot, receiving the leaffe of the function of court clerk I. The Registrator General, in operation at the implementation of this law, which will be 7 years old in this operation, or 15 years in judicial functions, will be able to be advanced on the spot, receiving the leaffe of the position of first court clerk; C) Those of the officials under lit. A and B who will have any academic title, will be able to be dispensed by the internship of seniority, and can be advanced on the spot after the recommendation of the first president together with the presidents of wards The Court will have a quartermaster under which the bailiff and the working people whose number will be determined by the regulation on the interior service of the Court will operate. All of them need to know how to read and write. + Chapter 2 Holidays and holidays + SECTION I Holidays + Article 66 Vacations and public holidays for the Court of Cassation are the same as for appeals courts and county courts. The little holidays will be at Christmas from the eve and up to St. Ion, and at Easter starting from Palm Sunday and until Sunday Tomii: The section of large holidays will be composed of the councillors of the Court who were not part of the section of holidays in the previous two years. The presidents of the wards during the big holidays will alternate between the Danes. The section of the holidays will judge: In criminal matters, all appeals; in correctional matters, appeals regarding the business in which they are arrested, those regarding appeals, the execution of arrest warrants and all business for which special laws provide for criminal penalties and order their emergency or with short deadlines. In civil and commercial matters the appeals concerning business, which the law or the Court (holiday section) declare to be urgent. + SECTION II Leave + Article 67 The members of the Court of Cassation may acquire a leave of no more than one month in the course of the same year, or more than one month, but would not exceed that period. In case of illness the leave may be extended under the conditions of the law of judicial organization. Over this term the right to the fee ceases and the magistrate can be put by decree in availability, remaining to be recalled in operation after recovery to the first holiday. The leave shall be granted by the Court itself in a section. The holidays thus approved shall be passed in a special register that is in the preservation and care of the first assistant magistrate and shall be communicated immediately to the Ministry of Justice. + Article 68 Prosecutors of wards ask for leave from the Prosecutor General, when the holidays do not pass over a month; and if the request for leave is for more than a month, it is addressed to the Ministry of Justice through the Prosecutor General. + Article 69 The attorney general addresses the leave request at the Ministry of Justice. + Article 70 Any request for leave from a member of the Court must be made in writing and be supported by the first president, who ascertains and entrusts that the number of judges who remain in the being is sufficient for the proceedings of the Court and that the service will not suffer for lack. The request for leave of the first president will be subject to the M.S. of the King by means of the Ministry of Justice. + Title V General provisions + Article 71 The impricinates will be able to ask for the final decisions given by the Courts of Appeal or tribunals, but this implementation will be able to be suspended by the opposing party by providing or submitting the appropriate value in case only when will start the request for cassation. The appeal in cassation also suspends without insurance or the filing of the value of the process, the implementation of decisions regarding the displacement of borders and the abolition of constructions. Also in terms of claim, possession, or any other business where it is not a sentence to a sum of money, the court of which the decision is enforceable will be able, following the request of the interested party, to approve the suspension with bail, appreciated by the court, after hearing the parties called to the council chamber. Bail will not be released until after a month from the date of rejection of the appeal, except if during this period the part in law has filed for damages. + Article 72 The provisions of the Code of Civil Procedure, relating to the cases and the recusal of judgments, shall apply without distinction to the members of the Court of Cassation and Justice. + Article 73 Only the defendants, and not the interns, will be able to plead before the Court of Cassation after an internship of at least five years of actual practice of the prosecution. The internship in the magistracy amounts to such a practice. The defendants or magistrates who will have a doctor's title from a university in the country or from a university abroad and who have obtained equivalence from one our universities, will only need the one-year internship. The defendants who have the internship asked above and would plead before the Court of Cassation will present the first president of this Court with a certificate from the council of discipline of the bar where they are registered, ascertaining the fulfilment of these conditions and will require their enrolment in that painting. + Article 74 The court of cassation, in the united section, at the end of each year, will decide which are the vitions of legislation, or the shortcomings that will be observed during the year and about which communication will have to be made to the Ministry of Justice. + Article 75 The report covering the draft legislation will be published in the Annual Bulletin of the Court of Cassation, of which a copy will be sent to the legislative council. + Title VI Final and transitional provisions + Article 76 Appeals regarding the cases of administrative litigation pending before section III of the Court of Cassation, at the time of the implementation of this law, will be judged according to the law in force at the time of their introduction. All such appeals pending today at the Court of Cassation in any matter will be judged after the procedure in force at the time of their filing. The Court's decisions, however, will be given in all cases without right of opposition. Appeals against decisions given on the basis of art. 66 bis of the Romanian civil procedure (reference) as well as appeals against decisions given in matters of judicial seizure on the basis of art. 1632 of the Romanian civil code and art. 615 of the Romanian civil procedure pending today before the first section of the Court of Cassation, will continue to be tried by that section. + Article 77 From the date of promulgation of the law on face the sentences of judges from the constituencies of the Courts of Appeal in Brasov, Cluj, Oradea-Mare, Timisoara and Targu Mures and against which according to §-476 para. 2 civil procedure burns. the appeal is inadmissible, they will be able to be attacked with appeal in scrapping, in accordance with the present law; the appeal will be directed to the tribunal in whose constituency is situated the court, which handed down the sentence appealed, the tribunal casing will judge the fund + Article 78 The sentences given after the promulgation of the law against a court in the constituencies of the courts Campulung-Bucovina, Chernivtsi, Radauti, Storojinet and Suceava, in the petty cases (§ 448 and the following civil procedure now special in those constituencies) they are perfect and on their contrary no remedy is allowed except only the appeal in the scrapping, in accordance with the provisions of the present law. The admissible appeal according to § 517 of the same procedure is regarded as appeal in scrapping. The court of cassation is the tribunal in whose constituency is situated the court from which emanate the sentence appealed and which casing will judge the fund. + Article 79 The sentences, decisions and terminations given, after the promulgation of the present law, by a court (tribunal or appellate court) in any litigious procedure are perfect from the moment of communication. On their contrary, no remedy is allowed except only the recourse in scrapping according to the provisions of this law. The casing court for Bessarabia and Bucovina is the high court of cassation, and for the constituency of the Courts of Appeal in Brasov, Cluj, Oradea-Mare, Mures Fair and Timisoara, in those cases in which after the legation so far (§ 525 and 550) para. 2 civil procedure burn.), was the review court (appeal)-a Court of Appeal-remains the same Court of Appeal, which will judge the appeal by the rules of jurisdiction so far, in all other cases the court of appeal competes the Court of cassation. With regard to the jurisdiction of the court of cassation the decision of the Court of Cassation is mandatory both for the parties and for the respective Court of Appeal. In Bucovina the admissible appeal according to §-519 of the civil procedure Bucovina is regarded as appeal in scrapping. + Article 80 The sentences, decisions and terminations given by the courts of the courts of appeal in Brasov, Cluj, Oradea-Mare, Timișoara and Târgu Mureș, Bukovina and Bessarabia,-before the promulgation of the present law-are subject to appeal the laws in force when they were promulgated. In cases coming from the Bessarabian courts the requests for revision of the decisions introduced according to the provisions of art. 185 and the following as well as art. 792 and the following from the Bessarabian civil procedure, before the promulgation of the present law, regardless of whether they were made by the litigating parties or by third parties, will be judged by the respective substantive courts whose decisions or decisions are attacked; such requests pending today before the Court of Cassation will be judged according to the rules so far. + Article 81 From the date of the promulgation of the present law, all the provisions of the civil procedure laws in force in the constituency of the Courts of Appeal of Brasov, Cluj, Oradea-Mare, Timisoara and Targul-Mures, Bessarabia and Bucovina, which regulates the procedure before the Court of Cassation (proceedings before the court of review or appeal to that court. reforming decisions). In particular, the provision of art. 186 186 para. last of the Bessarabian civil procedure and § §-lor 452 para. 2 and 501 of the Bucovina civil procedure. + Article 82 Requests for revision introduced within one month after the promulgation of the present law will be received as requests for appeal in scrapping and adjudicated according to the present law. + Article 83 Introducing appeal in scrapping against a sentence, decisions or judicial closures will also be possible to ask for the suspension of execution, on suspension requests introduced according to the rules in force in that territory, will be decided by to the competent court in accordance with the same rules. + Article 84 With a view to the large number of pending appeals before the Court of Cassation, the Minister of Justice, at the request of the First President of that Court, will be able to authorise the establishment in the bosom of each additional full section of judgment which will be the composition of seven councillors on days when no trials are fixed or in the morning hours. The panels will also be constituted by alternating judges. Councillors forming these additional complete will benefit from the exhortation of the special rental supplement. + Article 85 The members of the retired Court of Cassation shall honour their rank and rank in their retirement. They may participate in an advisory vote, at the meetings of the Court of Cassation. Honorary members shall be subject to disciplinary action as members. However, as regards criminal offences, they are subject to common law jurisdiction. + Article 86 The public administration regulations will determine the interior service of the Court and the Chancellery and will unravel the various points of application of this law. In plenary sessions, that is, with sections-united, both the Court and the public ministry are in great uniform, and in the meetings of separate sections, in small uniform. + Article 87 The regulations of the contrary to the present law are also repealed. The provisions of the law of judicial organization that are not contrary to those contained in this law, remain applicable to the members of the Court of Cassation, to the assistant magistrates and to the staff of the Court's + Article 88 To complete the number of councillors referred to in art. 3 for section 1 will pass by right to this section, by virtue of the present law, one councillor from the second and third sections named. + Article 89 This law will be implemented on 1 January 1926. -------------