Law No. 144 of 19 December 1925 for the Court of Cassation and justice in ISSUING the PARLIAMENT published the OFFICIAL GAZETTE nr. 282 of 20 December 1925 title I organisation of the Court of Cassation Chapter 1 Preparation of the Court of Cassation SECTION I Division of the Court. Advisors and prosecutors for all article 1 Romanian State there is only one High Court of Cassation and justice.
Article 2 Deciziunile courts of appeal and Courts with jurors, and sentences the courts as ordinary courts of appeal, the sentences of the courts and special jurisdictions, in the cases and manner established by law, will be handed down to appeal to the High Court of Cassation. Who is exempt in cases where, notwithstanding the General competinţa of this Court as the Court of appeal, the law will be assigned to another court that competinţa.
Article 3 the Court of Cassation shall consist of a President, a prime three Presidents of section and 42 Councillors. It is divided into three sections. Each section is composed of a Chairman and the number ' advisors: section with 18 Councilors, while sections II and III with 12 Councillors each. President of the ward and Councillors are permanent wards from who. However in the event of a holiday section, Ministry of Justice, with the assent of the first President and the Chairmen of the section, may give the other sections advisors preferenta dela vacancies unto heaven.
Article 4 admissibility Generally for appointing members of the Court of Cassation, as well as their poziţiunea, are those determined by the law of the judiciary.
Article 5 the public Ministry under the auspices of addictive Court of Cassation consists of ' a prosecutor general and prosecutors of section 5. They are irremovable under the same conditions as members of the Court of Cassation.
SECTION II article 6 assistants Judges advising the Court of Cassation will operate a number of magistrates and Assistant magistrate: a first, three magistrates first class assistants and 18 magistrates class II assistants. Magistrates assistants are part of the judicial order.
Article 7 the magistrate Assistant first is degree of appellate court; He is responsible for the publication of the Bulletin of the Court of Cassation: take part in the United sections-Court and in disciplinary and comisiunile can take part in any meeting sections, after delegaţiunea the first President. He is the head of all magistrates and officials of the Chancellery of the Court of Cassation. Magistrates grade assistants have the rank of President of the tribunal will be able to move forward and be in place after the qualifying period required by law by the judiciary for magistrates in General up to the rank of Counsellor of the appeals court. They care for the proper order is obeyed in record keeping and all securities from the precinct.
Article 8 no one will be able to be appointed Assistant Magistrate class II if it has a Bachelor's degree or doctor's degree in law and if it has not occupied the function of judge of court or District Court, a Prosecutor, or a period of at least 2 years on that alternate, substitute judge, helper, the Registrar or registry helper from an appeals court. They have the rank of judges of the tribunal will be able to move forward and be in place after the qualifying period required by law by the judiciary for magistrates in General up to the rank of first President of the Court. Judges will only appoint assistants with the opinion of the Court of Cassation, and with regard to their advancement and discipline, they will apply the law on judicial organization dispoziţiunile corresponding to the degree it had in the HIPC initiative. The number of assistants of magistrates class I and II may increase, on the basis of the report of the first President of the Court, Ministry of Justice, through the annual budget, in relation to the needs of the service. They can be divided to sections by the first President with the assent of the Presidents and take the place of the magistrate Assistant, after, in his absence.
Article 9 Magistrates and observe workers carrying out the procedure of the presentation of the parties litigant making mention of it on the dossier; drafted under the supervision of managerial decision the rapporteur and Adviser to the President of the deciziunile and rezumeaza humanitarian whose publication in the Bulletin was ordered by the Court. In the case of foreclosure of the rapporteur, the President of the hearing will be able of completing another adviser controlling to compile the reasons deciziunii. The same task will be able to give and the causes in who isn't making the report, or when the difficulties of the issues on appeal deducted advertising drafting direct by a counselor.
Chapter 2 Operation, Composition DEPARTMENT Court presiding over them and the right to apply article 10 functioning First President presides over the entire Court into sections-sections, and that to judge divergintele and can preside over, when he sees fit or requires service, and each section or completely in hand. In the absence of the first President, in all the cases referred to, meetings of the Presidents will be naming presida, after order of seniority, and in their absence and, for most members of the present Valdez. Precincts or courts in completele the absence of Presidents who may preside at any moment and any of the full-will preside for the oldest of their members. When the first President presides, the Presidents of wards function as members.
Article 11 Presidents and the Court of Cassation councilors have their seats in general meetings and in the sections after the line of their appointment.
Article 12 Each sitting of the Court will hold at least 5 hours, starting at 1 p.m. the magistrate Assistant first will keep a register of the members of this Court. The first President and, in his absence, the Presidents of wards, will end after the line of seniority in this sheet daily at 1 p. m., noting who members have come to time and adeverind as the meetings were opened or not legal at the time. Members absent without leave or arrive after time applies, in addition to disciplinary measures to expose themselves, who lose the right to a fee for, the absence or delay. First President of the Ministry of Justice shall submit the list of those missing or delays. The same measures apply to the Magistrates Court and officials of the Court. The Ministry of justice through the general prosecutor of the court organ and the Attorney general himself, from the presence of strict control measures prescribed in pazire of this article.
Article 13 In the breast Department will constitute two complete 7 Councillors. They will not have a permanent, but compositing counselors will alternate, and right judgment will follow at the same times in succession. The order of formation through the right rotation will be decided by the Presidents of wards in agreement with the first Vice-Chairman. Distribution in order of registration of the appeal, they will do it in sections, each of them the President of the section concerned. Sections II and III, will judge with a full complement of seven advisers. When this number cannot be fulfilled with members from the breast section, because of illness, holidays, objection or other such circumstances number supplemented by Councillors in other wards, held the ball for the first President sitting in front of the public with the public Ministry. Each section is fully competent, which from any to judge any appeal from any district courts of appeal.
Article 14 any year cannot pronounce a section or a full Court if it meets at least five voices.
Article 15-Intamplandu is not to fulfill the number of voices asked. the previous Panel called deciding dispute cropped up will consist of 11 members. In composing this number will go along with the first President or replacement or, members present and nerecuzabili you and the rest of the section in question until completion of the number, it will take between other sections advisors in accordance with art. 13. If the investigation of the appeal will not be able to form a majority of 7 voices, the appeal is sent in sections-United.
Article 16 When the Court of Cassation judge in sections must be United Front and to take part in the judgment at least 31 Councillors. The Panel will always be composed of ' number one unpaired. In such a case a year, cannot give absolute majority than the voices.
Article 17 Sections II and III and each section of I will hold at least four meetings per week. The United sections refer to whenever need will be required. In cases where a section of the Court who would find that it is the place of a jurisprudente established by one of his during the completele 5 years preceding the worldwide judgment, the Court discutiune appeal will be made with the Panel asked for diverginte. When that case law was established by the United sections-Court, then the appeal will also judge the sections. The appeal will judge all the sections-United when a section you find that it is the place of a jurisprudente established by another section.
SECTION II article 18 public Ministry attorney general is held to assist and to put concluziuni in all business meetings of the sections-and meetings of the United diverginte. In case of lack of foreclosure, the Attorney general is the Attorney for Ward most Valdez, delegate or at him.
Prosecutors have the right to give their opinion about hard law and get concluziuni all the reasons se desbat before Court. They are required to take concluziuni in all businesses, and in trade solely Civil Affairs times in cases stipulated by the civil procedure and special laws. Prosecutors may not, under any circumstances, to take part or to attend the deliberations of the judges, which are always secret. Prosecutors cannot be recuzati. In the event of lack of public prosecutor, the first President or the one it replaces will delegate a pre Court to get concluziuni in the meeting.
Article 20 the Attorney general has the right and control over concluziunilor vigil prepared by Attorney ward to put them before the Court. If the Attorney general does not agree to the Prosecutor of section concluziunile and it starueste in its opinion, the then Attorney general will take part in the meeting, insas or will delegate to another Prosecutor.
Article 21 the public Ministry or the Minister of Justice agreed with the organizers, will be able to attack before the Court of Cassation, for bad interpretation of the law, other laws and the decisions of the remarkable Court in civil issues, even when there is no attack of stakeholders, but only in the interests of the law and after the expiry of the appeal. Managerial decision of Cassation which will intervene in such cases will not have any effect on the parties.
Article 22 the Ministry of Justice, addressing through the Attorney general of the Court of Cassation or deadreptul, or as a result of the initiative taken by the latter and without injury to the right of the parties concerned, the Court of Cassation will denounce any decision and any act whereby the judges would have learned their jurisdiction over debt collection and would have committed an excess of power or crimes relating to their instruction. In case of offence, when the Court will undo those decisions or acts will be made as soon as the Court of Justice, in accordance with art. 59, para. 2, and will proceed to prosecution culpabililor.
Title II jurisdiction and procedure Chapter I SECTION 1 Jurisdiction Competinţa of Cassation Court debt collection Article with 23 private law cases the Court acts as Court of Cassation.
Article 24 the Court of Cassation judge in applications started in the courts against decisions of the first instance court to appeal and resubmitted in against judgments handed down by courts of a perfect call. Nedesavarsite decisions can be appealed in the case provided for in article of exception and article 22. 28 para. II. the Court cannot receive requests in cassation against judgments in the run-up or deslusitoare, cracking their strictest is required only after they'd given definitive decision as to its merit.
Article 25 also requests started Her judge against decisions of the desavarsitelor arbitrators, when they judge that the tribunal, in accordance with these rules of procedure in force, how and against court decisions which should have intervene in matters relating to the law of the arbitral court.
Article 26 also ruled against military courts in rulings, but: 1. For the cause of necompetenta, they will be given against an individual is not military, nor assimilated through his service with the military law.
2. When will be attacked by the Government after the contents of art. 22 of this law, in which case a convict can make use of the application in cassation formed the Government.
Article 27 In the same quality Court rule on the applications for annulment made the Minister of Justice pursuant to article 4. 22 of this law, against decisions and nedesavarsite, or by any court judgments, which would include an excess of power or would be made without competinţa. Such requests may be made by interested parties, but only when the judicial acts or decisions of the nedesavarsite may not be challenged on any ordinary path and course of Justice ' would find discontinued.
Article 28 in the Court of Cassation ruled: 1. Claims for resettlement a court examining the other Dale, or from an appellate court to another, for the word of suspicion or legitimate public safety.
2. Conflict of jurisdiction between two or more Courts and courts will be subject to the courts of appeal. Conflicts of jurisdiction between two or more tribunals subject to the same appellate court, shall judge at the Court of appeal to which they are subjected.
3. On the contrary given by the same rulings the Court, or two different Courts, or of a court and a Court in one and the same, between drivers and drivers believe circumstances.
4. Claims for recourse against judgments in atingătoare of reclamatiunile arising due to an expropriation.
5. And in General over all the materials will be assigned by law.
Article 29 the whole Court of Cassation will judge-and this with an exclusive competinţa-issue of constitutionality of a law inferred in any jurisdictiuni can declare having no applicability in those who would otherwise be Constitutiunii. The Court before which the matter will be raised for the constitutionality of a law will continue to govern the process, remaining as the thing of constitutionality to be brought into judgment the United sections-the Court of Cassation after the process has been resolved definitively, even in cassation by solving other grounds of appeal section competinte. So will judge and in case when the thing of constitutionality will be raised and before other courts judging as instances of appeal. In this case the party has challenged the constitutionality of the decision will attack in the form of a special appeal before the United sections to decide on the matter and the House decision in case when the unconstitutionality of the law set out in discutiune. If the complainant agrees to suspend business opportunity worldwide judgment with which he raised a constitutional thing, the Court shall suspend the course of worldwide judgment and immediately send the dossier of the case the Court of Cassation. The Court, in sections, will judge this matter urgently and prior to any particular cause. In case of rejection of the incident of unconstitutionality, will compel the Court raised him to pay all costs and will still be able to oblige and damages equal to the costs of proceedings, when the incident was rejected from an obvious spirit of taraganire or tripping of worldwide judgment.
Article 30 Disposal of a judgement may be requested and in the following circumstances: 1. where the judgment was not followed by the number of judges required by law;
2. where the decision was given by the other judges than those who took part in the desbaterea process in the background;
3. When the Tribunal or Court that have judged the process will have been composed of judges who have not met the generally required by law;
4. when the decisions of the courts or courts of appeal, by way of the data desluşiri from impiedicarile cropped up with opportunity for the implementation of a decision of a definitive work, or bringing into fruition, it will attack with definitive rulings to the contrary;
5. When the decision does not include grounds which is based or when it is based on articles totally rattled foreign pricinii, any time omits to rule on a defence in the cause;
6. When the Tribunal or the Court made a bad aplicatiune of the law, or have stepped forms of the procedure is essential for the validity of judgments;
7. When these instances have transcended their times have competinţa committed an excess of power in the sense that the atribuţiunile of another State constituted powers;
8. Request the Cassation against a judgement, in switched on under the word bad interpretation of conventiunii will not be valid only when interpreting date through that resolution would change the very nature of conventiunii, or i would distort the meaning clear and obvious unmistakable;
9. When will commit a gross error of fact or an excess of power.
SECTION II Competinţa Court of Cassation sections Article 31 § i. section I will judge the appeals in civil matters, except those referred to the sections of this law and other laws. § II. Section II examines recourses: a criminal matter) in the correctional and criminal contraventiuni;
b deciziunilor data) in the matter against the guard of despărţenie, children, food Board in matters of divorce and separatiuni heritage;
c) Ordinances of the award against the forced expropriation matters;
d) against decisions of the contestatiunilor data on the execution and in the counter all those occurring in the course of any business; in terms of garnishment and seizure of the insurer;
e deciziunilor) in data on strengthening against the rights of all disputes in mining matters;
f) in military tribunals against deciziunilor within the limits of art. 26 of this law;
g) v. deciziunilor the arbitrators in civil matters, as in v. judgments incurred in connection with a trial arbitral;
h) in judgments against data according to the forest code;
I) in terms of organization and administration of tutelelor and curatelelor. § III. Section III examines recourses: a) against judgments given in trade matters, as well as against decisions of the referees or of data concerning an arbitral judgment in this matter;
(b) judgments given in v.) pursuant to art. 66 bis from Romanian civil procedure (refereu) and against decisions given in respect of the judiciary's seizure. 1632 of the civil code, combined with art. 615 civil procedure;
c) v. deciziunilor the Court of Auditors;
d deciziunilor) in the database against expropriation matters;
e deciziunilor) in counter data in matters of pensions;
f) against deciziunilor and judgments given in administrative or fiscal matters, as well as those in the database against administrative matters;
g) v. deciziunilor the courts of appeal in cases provided for by art. 15 of the law on the organisation and management of theatres from Romania, as well as in the cases provided for by art. 10 of the law on the name;
h) all this section examines conflicts of debt collection.
Chapter 2 Procedure SECTION about application in cassation Article 32 application for cassation is made by petitiune in writing filed by hand or her agent to the President of the Court of Appeal whose year is attacking the President or at the first instance. There will submit an appeal and the public Ministry is the main part.
Article 33 the term of appeal, both in civil and commercial matters, it is a judgement what dela communication attack without distinctiune if the decision was given in the absence of contradictory times. In the cases provided for in special laws shall follow those deadlines.
Article 34 If the applicant dies during this period without his started a further time limit request flows: for heirs present from the moment of death and major, minor or heirs for declared incapable of any other cause, or if the legacy will be on holiday, the deadline shall run from the day on which it will be called a guardianship or a foot. , or a provisional administrator. Appeal in casatiune, in any case, shall not be reckoned a deed of receipt of inheritance.
Article 35 Application in cassation will be accompanied by a copy of the contested decision, communicated to the party, and how the fees provided for in the law of stamps and registration or acts of poverty. Fees for the attendance of the parties will have been made together with the filing of the appeal.
Article 36 the appeal will have to be driven by its petition of appeal or by a special petition filed within the time limit for appeal, counted only communication from the President, from the presence of the Court of appeal or the Court, as provided for in art. 32 of this law. In Criminal Affairs, correctional and simple means of police breakage can be submitted until 1st day fixed for judgement. The reasons should be stated in the first part, in the form of enunciativa, summed up, with only the text of the law, or principle of law violated and in what specific sense, and in the second part to follow the development and rationale. The President of the Court who receives a request for appeal will refund the appeal, if not the very top will be drawn up in aci, extending the right provided for in appeal with 5 days, because the appellant to comply with the requirements of the law. Once the time limit for appeal expired, means of destruction can no longer be submitted, nor exchanged, or adding to their fund. Within 15 days after receiving the copy of the addictive appeal dela with grounds for cassation, intimatul will intampinarile its formula through a memorandum filed with the Court where he addressed his appeal and notify this copy, recurentului. Registry of the Court in question will take care to send the complete dossier to the Court of Cassation with these acts, together with their proofs, as evidence of communication deciziunii attacked, with her necomunicarii times. In civil and commercial affairs in public Ministry unto it's called to lodge civil procedure, in accordance with concluziuni or special laws, the grounds of appeal shall be filed with a specimen, in addition, for prosecution.
Failure to apply article 37 means breaking the time limit required by the desvoltate art. 36 draws as nullity appeal.
Article 38 In criminal matters, police, correctional and simple, the appeal in cassation shall be made in the manner and terms set out by the code of criminal procedure. In any case, in all these subjects may be addressed both appeals to the courts, and directly to the Court of Cassation Chancellery. In all these subjects grounds of appeal shall be filed in duplicate.
SECTION II Division appeals to All sections of article 39 causes entered pass right from their arrival in a general ledger number, by date and entry. First President then divides them between the sections, where you pass the special register, they say with numbers after the row entries.
Article 40 In each section are two registers; in one pass, in other causes of urgent causes. Causes is sorocesc after the line of their entry, except those on urgent, that particular. Urgent count causes declared such laws or that section of the Court.
Article 41 the first President and the Presidents of the ward fixed time limits for prosecuting appeals. Causes levies for subpoenas will not ordain only if those fees were paid.
Article 42 President, sorocind appeal, shall appoint and tasked to prepare its report on the appeal. The distribution of applications for this purpose between the members section will be done equally after the order of their entry, and after the age of the Member. The report will include the Storyboard object solutiunea reclamatiunii, appearing last facts found by the Court and the first instance court, limited solely to the extent necessary to settle the appeal. In the form of observatiuni goals and without his personal opinion shows, the report will refer to: condiţiunilor) form, for admissibility;
b) on essential points of the contested decision and support if solutiunea is in accord with the jurisprudence of the Court of Cassation or after cases with doctrine. The rapporteur shall be obliged to submit the report or, necessarily causes ordinary, at least 5 days before the day of the presentation; and in urgent causes at least 3 days before the day of the presentation. In criminal matters the report is not necessary only for competinţa Affairs with Court jurors.
Article 43 Each magistrate-Assistant of the Department is obliged to keep a list on the great book of appeals set for judgment every day. These lists will be displayed until the day the Court Chancellery worldwide judgment in sedintii and at the door of this halls.
Article 44 the Prosecutor returned the court dossier with all the paperwork, with 3 working days prior to the day of notice.
SECTION III Article 45 appeals Meetings Research the Court of Cassation are public, except only when disclosure could achieve morality, in which case it shall be declared through the closing of a majority of the log. Such a log, when the research of political and press offences, or examining research. 58 and the next from this legiuire can not conclude than unanimously.
Article 46 after reading the report parts or their advocatii have the right to speak, asking the President of the Court, allowed dela which will be able to limit the time discutiunii. In all appeals, with no exception, the Court will examine the means of disposal and in the absence of recurentului, with condiţiunea as the appellant to notify the Court that understands and supports the appeal on the basis of the statement of grounds submitted in written files. In the absence of communication from the recurentului, the appeal will be dismissed as unsustainable. In order to establish that the appeal was submitted within the deadline, the clerks of courts of appeal and courts will be required to furnish the particulars mentioned in article 1. 36. In the business who can communicate decisions and administrative channels, the administrative officer will be required to do, in duplicate, or communication protocol, giving one party makes communication, by giving the other court whose decision has been communicated to it, to an annex to the file. If the day of the presentation of the Court find that there is no proof that the copy of the file, or when the communication protocol between the administrative agent or intimatul not provided by him, in which case the appeal shall be considered made within. When communicating the decision was made by portarei, the appellant is liable before the day of the presentation to provide a certificate of portareilor if proof of communication ' was sent by portarei and filed in the file. Lack of communication and failure to provide proof of the certificate portareilor draw deadreptul nullity without the Appeal Court may grant any term to bring them.
Article 47 in all causes at the Prosecutor speaks. Only then the parties may speak after the public Ministry, will be the main part himself in the process.
Article 48 Desbaterile being completed the court retires in the deliberation room. Gather opinions of the President after the line appointments, since the latter dela adviser appointed. Opinions being gathered and managerial decision written and subscribed by the members, the President of the Court or rejoin the Panda and the magistrate Assistant reads in the contents of all her hearing.
Article Deciziunile the Court of Cassation 49 rule in the name of the law and is executed on behalf of the King; they mention intampinarile parties, concluziunile Attorney, reasons and the device number and names of judges that have taken part in the judgment.
Deciziunile the Court of Cassation are regarded by the law as acts of collective of the entire Court, not part of members who compose it. Therefore, none of the judges has no right to give his written opinion, but all are required to subscribe to a managerial decision the majority noted and to entrust. If in the course of deliberatiei actions judged in sections United more than seemed likely two opiniuni without any one to meet the majority of votes, then the opiniunea those fewer in number must unite with one of the two opiniuni who meet several voices, in order to be able to give a year of majority.
SECTION IV Court of Cassation deciziunilor Effect Article 51 judgement quashed it counts as if it were and no longer has any power. Therefore any acts or execution will be done in the power of an ghimpu shall nullify everything.
Article 52 When casează Court, has sued business drivers sending Court that judged and in which it will assess the judgment of another section, or other completely to that Court, if the business is likely to get a result. In case when the procedure will be scrapped, will recommence dela last act tainted. If the Department whose decision has been quashed ceased to have legal exigency, the business will be sent before a Court of common law with corresponding rank after appreciation of the Court. When the interests of justice so require, the business will be able to be sent and forwarded to other instances than that judged the same degree.
Article 53 the Court of Cassation does not send business to another tribunal or Court, but to regulate it, insas whenever it comes to a mere aplicatiune of the law to the facts, such as the cases of termination, or prescriptiuni, in fact no elements who are challenged, or like when you do not need a verification of facts , any examination of some elements and the probation noui their special. All is not well in place sending for a new judgment, but the Court declared only without casand no power judgement in the following cases: (a) disposal rule) when Word that decision quashed condemned acts not covered by the law;
b) when dissolved a decision because he received call or opposition over the term legiuit;
c) when decisions on contrarietate with cancels other remarkable decisions and conclusion of desluşiri for the implementation work of definitive decisions contrary to those decisions;
d) When dissolved in criminal matter decisions through who the defendant was declared innocent;
e) in the case of the admission of the appeal and the Court of Cassation shall act upon the execution of this Fund, deciziunii Court, will be made by the first instance court, whose year has been reformed and that after the party's request, the Court of Cassation.
Article 54 in the event of a further reference, deciziunile the Court of Cassation on the points of law decided by the Court are binding on the Fund. In case when the justices of this Court will not comply deciziunii the Court of Cassation, they will be held accountable in the Disciplinary Council. Decision quashed again will send drivers who will judge Court pursuant to art. 52. Article 55 the Court of Cassation Deciziunile data in the absence of the parties are without right of objection in any matter.
Article Deciziunile the Court of Cassation 56, after log in register they will transcribe and in the great book of decisions of courts or to Courts whose decisions were quashed. This application will be made by the Ministry of public care or interested parties.
Article 57 Deciziunile Court of Cassation whose publication was ordered by the Court shall be published in the colectiunea image wears the title of Bulletin of the Court of Cassation. In order to draw up this publicaţiuni, it creates a special Court of biurou Court of Cassation Bulletin, composed of a Chief of biurou and 2, impiegati will work under the national magistrate Assistant first.
Title III the jurisdiction of the Court of Justice as High Court Article 58 In political causes and in exceptional cases provided for in the law of that Court, judge High Court of Justice in the United section.
Article 59 As High Court of Justice, the Court judge deadreptul acuzatiunile directed against Ministers in generally and with the forms provided for in art. 98 of the Constitution. As High Court of Justice and in sections-United Senior Court judge dignitaries referred to by special laws. She has the right of exclusive jurisdiction over its members in criminal issues.
Article 60 in case of acuzatiune started in against officials referred to in the preceding article, other than Ministers, section will investigate more intaiu acuzatiunii and only the admissibility of the case of the accused will go before admissions sections-United.
Article 61 Acuzatiunile, mitropolitilor against the Patriarch, bishops eparhioti and vise in cases stipulated by law is always judge court in panel sections.
Article 62 in the case provided for in the previous article, intamplandu-is not to be able to shape the Panel because of recuzatiune or others, the number of judges shall be filled with the dela appellate court in Bucharest, by drawing of lots, followed in the Court of Cassation praetorium in public sitting and the defendants, being at least 15 days prior to the presentation. Both the defendants and the public Ministry have the right recuzatiune and held against members of the lots.
Article 63 defendants have the right to choose their defenders. When they refuse to choose, the President give defenders an attorney ex officio.
Article 64 in all of these cases, Court judge and acting in the background. Decisions by the Court of Justice given in this article, power is executed through the Ministry of Justice.
Title IV, Chapter 1 of the service Court of Cassation Court Chancellery Article 65 of Cassation Court Chancellery shall consist of a Registrar general, 2 registrars, 3 goal 6 goal, helpdesk and 36 impiegati. The prosecutor general of the Chancellor's Court of Cassation shall consist of a Secretary, a Secretary, a Registrar-recorder and a business bent under the vigil of the Attorney general. The current Secretary will become first Secretary in implementing the provisions of this law. Impiegatii above the Court will be appointed, go forward and removed from service by the first President along with the Presidents of the Ward Office, and impiegatii the first President along with the Attorney general. The rigid conditions of eligibility for these public servants will be determined by the rules of aplicatiune of that law. Their number will be increased in relation to the needs of the service. All of these officials will be move forward on the spot in the following manner: A) Impiegatii, registrars and ajutorii of land, are in place to implement this law, who will be having a length of 2 years in operation having been employed, will be advanced on the spot, receiving aid of LAD graft tribunal class III; All of whom will be given when the age of 3 years old in what functions handle may be advanced on the spot, receiving aid to LAD Registrar of court class II; Also those with 5 years, receiving help from the LAD tribunal Registrar class I;
Registrar general, b) for archiving and aid's Office of the Secretary, are in service with the implementation of this law, who will be having a 2-year-old in what functions handle can be advanced on the spot, receiving the LAD to the Registrar of the Court III. All these when they will have a 3-year-old will be able to be advanced on the LAD to place receiving clerk of court to class II. Also those with 5 years can be advanced on the spot, receiving the LAD to the Registrar by the tribunal Registrar general class I, which is operational on the implementation of this law, which will have a 7-year-old in this service, or 15 years of judicial functions, you will be able to be advanced on the spot, receiving the first lad to the Registrar of the tribunal;
C) those of officials under subparagraph (a). A and B who will have an academic title, will be dispensaţi of age, stage and can be advanced after the first President's recommendation along with the Presidents of wards. The Court will have a quartermaster under the vigil which will operate aprozii and service whose number shall be determined by regulation in respect of the service to the Court. All they need to know to miss and write.
Chapter 2 Vacations and sabbaticals SECTION I Article 66 Vacations Holidays and public holidays in the yard of casatiune are the same as for the courts of appeal and courts of counties. The small holidays will be from Christmas Eve to Christmas and St. John, and the Pasta starting dela Palm Sunday and till Suday: big holidays Section will consist of Court counsellors who have not been part of the holidays in the two previous years. The Presidents of wards during the holidays will alternate between them. Section holiday will judge In criminal matters: all appeals; in correctional matters, relating to appeals in which are arrested, those relating to the implementation of the contestatiuni, warrants of arrest and to all special laws for businesses who provide for criminal punishment and orders the prosecution of their urgency or with short deadlines. In civil and commercial matters appeals relating to business, law or Court (holiday) le declared emergencies.
SECTION II Article 67 Holidays
Members of the Court of Cassation can acquire for teen-agers decided, during the same year, a leave of not more than one month, or more sick leave who met but would not go over that period. In the event of sickness leave may be extended in the very top of the judiciary. Over this period the right to cease and the magistrate fee can be put in the decreeing availability, remaining to be recalled into service after curing at Rebecca's first holiday. It means that holidays by the Court itself in sections. Holidays such încuviinţate shall be recorded in a special register which in keeping and caring Assistant magistrate and shall be communicated immediately to the Ministry of Justice.
Article 68 wards leave Prosecutors asking attorney general Dale, when holidays pass over a month; and if the request for leave is for more than one month, shall be addressed by the Ministry of justice through the Attorney general.
Article 69 the Attorney general addressed the request to leave forever 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 President, who first noticed the number of judges and entrusted as what concerns being is enough for the work of the Court and that the service will not suffer from the lack. Application for leave of the first Chairman shall be subject to H.m. the King through the mediation of the Ministry of Justice.
Title V article 71 Dispoziţiuni Împricinaţii will be able to ask the implementation work of the final judgments given by the courts of appeal or courts, but this implementation work will be able to suspend the antagonist's side by ensuring an adequate value or filing case but when will start the request for cassation. Appeal in cassation and suspend without insurance or deposit of the value of the process, the implementation work of the judgments regarding the displacement of borders and the abolishment of constructiuni. Also in the field of claim, ownership, or any other business where there's a condamnatiune to a sum of money, the first instance court whose decision is enforceable will be able, as a result of the request of the interested party, its încuviinţeze suspension with bail, appreciated by the Court, after hearing the parties called into the Council. Bail will not be able to release one month after the date of the rejection of the appeal, which from the outside only if within this period the law filed the action in damages.
Article 72 of the code of civil procedure Dispoziţiunile, about the causes and how the challenge of courts shall apply without distinctiune and members of the Court of Cassation and justice.
Article 73, not Only advocatii and trainees will be able to plead before the Court of Cassation after a period of at least five years of actual practice advocaturii. Internship in a magistrate also equates the practice. Advocatii or magistrates who will have the title of doctor of the University from the presence or a University abroad dela and who have obtained the equivalent of our universities, from the way one would need only one year internship Advocatii internship that required above and would I plead before the Court of Cassation will present the first President of the Court a certificate of Board of discipline, which from bar where are enrolled of these, providing the conditions and will require their inclusion into the picture in question.
Article 74 the Court of Cassation, in sections at the end, each year, will decide which are vitiile by the legislation, or the shortcomings noted during the year and about who is going to have to make the communication Ministry of Justice.
Article 75 1 vitiile Ratio of 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 transitional and final provisions Article Dispoziţiuni 76 Appeals regarding administrative issues pending before the section of the Court of Cassation III, at the time of implementation of this law, shall be prosecuted according to the law in force at the time of their introduction. All such appeals pending at the Court of Cassation in any matter will be judged after the procedure in force at the time of their intentarii. Deciziunile Court, however, will be given in all cases without opposition. The appeals against the judgments given on the article. 66 bis from Romanian civil procedure (refereu) and in appeals against judgments given in regard to article legal seizure. 1632 of the civil code and art. 615 from Romanian civil procedure pending before the Division today I the Court of Cassation, will continue to be judged by that section.
Article 77 promulgation of law date from the rock face sentences of judges from courts of appeal circumscriptiunile in Braşov, Cluj-Napoca, Oradea, Timisoara and Targu Mures and the cons of which according to § 476-para. 2 civil procedure ard. the appeal is inadmissible, may be subject to appeal in cassation, in accordance with the law of the face; the appeal will be directed by the Court of first instance in whose constituency is located, the Court which has pronounced the sentence appealed, the Tribunal shall judge casand Fund.
Article 78 the sentences given after promulgation of a court from districts courts of Chesterfield, Chernivtsi, Bukovina, Suceava and Radauti Storojinet, small cases (§ 448 and the following civil procedure now in those constituencies) are attributes and in their cons admit no appeal in cassation appeal only, in accordance with the present law dispoziţiunile. The appeal admissible according to § 517 from same procedure is regarded as a cassation appeal. The Court of Cassation is the Court in whose constituency adjoins the district court verdict that emanate from the rock attacked and who will judge casand Fund.
Article 79 Sentences, deciziunile and incheierele data, after the promulgation of the face by a court (Court or appellate court) in any procedure litigioasa am attributes during communication. In their counter is not permitted no appeal shall lie only in the appeal under dispoziţiunilor of this Act. The Court of Cassation for Bessarabia and Bucovina is the High Court of Cassation and for circumscriptiunea the courts of appeal in Braşov, Cluj-Napoca, Oradea, Timisoara and Pontiac, in those case in cari up now after legiuirea (§ 525 and 550) para. 2 civil procedure ard.), was a Court of revision (appeal)-an appellate court-stays the same appeals court, which will judge the appeal after competinţa of rules so far, in all other cases the Court of appeal remains competinte the Court of Cassation. With regard to the Court of Cassation judgement competinţa the Court of Cassation is binding for both parties and for the Court of appeal. In Bukovina appeal admissible according to §-519 from civil procedure is seen as an excellent base to appeal in cassation.
Article 80 Sentences, deciziunile and the decisions given by the courts of the circumscriptiunea courts of appeal in Braşov, Cluj-Napoca, Oradea, Timisoara and Fair, Bukovina and Bessarabia, before the promulgation of law-front-are subject to the right of appeal in respect of the laws in force at the time when they were promulgated. In cases coming from the way courts review claims from both of judgments entered in accordance with art dispoziţiunilor. 185 and following, as well as art. 792 and next from civil proceedings, before the promulgation of the law Bessarabian of face, whether they were made by 3rd parties litigant or person, shall judge of the courts of the respective fund whose decisions are appealed against or deciziuni; such requests pending before the Court of Cassation today will be judged according to the rules so far.
Article 81 of law promulgation date Dela faces takes away for future all dispoziţiunile laws of civil procedure in force in the courts of appeal of circumscriptiunea Braşov, Cluj-Napoca, Oradea, Timisoara and Fair, Bessarabia and Bukovina, which regulates the procedure before the Court of Cassation (the procedure before the Court of appeal in reviziune or that court judgments or reforming). It dissolved in particular dispoziţiunea art. 186 para. latter from civil procedure §§ Bessarabian and 452-para. 2 and 501 from civil procedure performed.
Article 82 reviziune applications entered into for one month after promulgation of the face will be received as applications for appeal in cassation and judged according to the law of the face.
Article 83 the insertion of the appeal in cassation against the judgment of the judicial decision, or deciziuni will be able to ask and executiunii suspension, suspension applications introduced under the rules in force in their respective territories shall be decided by the Court jurisdiction in accordance with norms. drivers
For the purposes of article 84 of the large number of appeals pending before the Court of Cassation, Minister of Justice, at the request of the President that Prime Court, will be able to authorize the establishment in the heart of each complete additional sections on trial who will judge the composing of seven advisers who are not in fixed processes or in the wee hours of the morning. Completele will be formed through alternating judges. These additional full blibs advisors will receive special compensation Commission rents.
Article 85 members of the Court of Cassation come out retirement retains the honorary rank and grade way what they had at their withdrawal. They can participate with consultative vote, at meetings of the Court of Cassation. Honorary members are subject to disciplinary action as members. With regard to criminal offences, however, they are subject to jurisdicţiunii.
Regulations of public administration will determine the service Court and Chancellery and will desvolta different points of aplicatiune of this law. In plenary sessions, i.e. with both sections of the United Court and the public Ministry are in large, uniform and in separate meetings in small sections.
Article 87 Are repealed and regulations run counter to the law. Dispoziţiunile law of the judiciary who are not contrary to those contained in this Act, remain applicable to members of the Court of Cassation, assistants and the Chancellery staff Magistrates Court.
Article 88 in order to complete the number of advisers referred to in art. 3 section 1 will pass the law this section, by virtue of the law face a counselor from sections II and III the latter appointed.
Article 89 this law will be implemented on 1 January 1926.