Law No. 7 Of 21 April 1972 Concerning Criminal Records

Original Language Title:  LEGE nr. 7 din 21 aprilie 1972 privind cazierul judiciar

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Law No. 7 of 21 April 1972 concerning ISSUING criminal record NATIONAL ASSEMBLY and published in Official Gazette No. 43 of 29 April 1972, Chapter 1, Article 1 for the purposes of preventing and combating offences of criminal law, inconsistent with ethics, equity and socialist legal order, criminal record will be organized as a means of knowledge and discovery operations people who oppose the Socialist property rights, dignity and the lives of citizens, the other material and spiritual values protected by law.

Article 2 The criminal records of convicted persons shall keep record or against whom they took other measures.

Article 3 the State, Socialist organizations any public organizations as well as individuals have the right to obtain, where appropriate, the copies and excerpts on the data entered in the criminal record or criminal record certificates, under the present law.

Chapter 2 article 4 shall be held criminal record by the Ministry of the Interior and the militia authorities.

Article 5 organs of The County militia operates local criminal record, which keeps track of persons born within the territorial-administrative County.

Article 6 of the general inspectorate of judicial record past works in that it keeps track of all persons throughout the territory of the Socialist Republic of Romania, as well as those that are in one of the situations referred to in article 1. 11(2). 2. The central criminal record is also evident for people: a) born in Bucharest and in the administrative County of Ilfov;

b) born abroad;

c) which have received communication from the obvious on the part of the competent authorities of other States.

Article 7 entry in the criminal record is made by entry name and personal data, and, in the cases specified dactiloscopic in this law by taking digital impresiunilor, needed to identify the stock of persons recorded and exact knowledge of their legal situation.

Chapter 3 Article 8 shall be entered in the criminal record data concerning: a) punishments and measures of safety, educational measure of internment in a special re-education Institute or medical-educational, criminal judgments handed down through definitive;

b) commencement, interruption and termination of execution of prison sentence, safety measures and educative referred. the conditional release, and revocation, the execution of the death penalty;

c) Amnesty, pardon, prescription, rehabilitation;

(d) penalties and measures handed down) through decisions of final criminal courts abroad, as well as the measures taken by the acts performed by the criminal from abroad, whether these decisions or acts were recognised by the Romanian organs competent;

e final decisions imposing) changes in criminal record;

f) extradition.

Article 9 In militia bodies shown in the record of the art. 5 and 6 are designated on a provisional basis, until the final settlement of the case, when it is deleted from, data on persons to whom was willing setting in motion the criminal action or preventive arrest.
Weighs not provisional received definitive settlement communications for five years after the record is erased from the obvious fulfilment of this period.

Article 10 Enrollment data. weighs 8 or provisional. 9 shall be made on the basis of statements: (a)) on the definitive judgements, as well as on the decisions to extend the criminal trial, sent by the Court;

b) start communications, interruption of the time of termination, the prison sentence of the preventive measure for the enforcement of safety measures and those educational, the death penalty, sent by the militia in the cases referred to in article 1. 11(2). ultimate;

c) communication concerning the implementation of the extradition decision, sent by the organ that has put into execution this measure;

d) enforcement communications move to criminal action, extracts from the Ordinances outlawing under criminal or termination of it, sent by the prosecution that took the measure.

Article 11 notifications, statements and other documents provided for in art. 10 shall be sent to the competent organs of militia under art. 5 and 6 para. 2, not later than 7 days from the date the measure has been taken, the date of the pronouncement of the solution or the fact which must be taken in.
In cases of the execution of the prison sentence, the deaths in medical institutes, as well as the admission of minors in special re-education institutes or medical-educational, communications will be accompanied by the information sheet dactiloscopica. Such notifications shall be sent to the Inspectorate general of the militia.
In situations referred to in article 1. 6 paragraph 1. 2, the communications referred to in the preceding paragraph shall be sent to the general inspectorate, militia only.
For those admitted in medical institutes or in medical and educational institutes, dactiloscopica sheet shall be drawn up by the local militia, who sends communication.

Article 12 Persons entered in the criminal record or who has been removed from the provisional notaries obvious if you stood in one of the following situations: a) the facts on which they have illustrious are no longer referred to by law as offences;

b) have been rehabilitated. For those rehabilitated as in the case of conditional suspension of the execution of criminal sentences, removed from the book-keeping is done after 2 years following the expiry of the test;

c) have passed 2 years from the date of the Amnesty date;

d) were sentenced to the penalty of fine or punishment of private freedom of not more than three years and had gone 28 years from the date of conviction;

e) died;

f) were removed, as was ordered, against them criminal termination times pronounced a final decision of acquittal or cessation of the criminal process.

In the case when the criminal record of the persons referred to in subparagraph (a). a to d and f be other entries, delete the entries are only requiring removal.

Chapter 4 Article 13 the prosecution and courts may require, whenever necessary, the copy of the criminal record of the person pending prosecution or court. Also, military organs may require copy of the criminal record of the person subject to military obligations.
Socialist organizations may require from a person's criminal record, if the knowledge of the data on it is necessary.

Article 14 application for obtaining data or extracts from criminal records must be reasoned and comprehensive data covering the civil status of the person concerned. Socialist organizations will be noted in the request for the release of the extract from the criminal record and the reason for it and no criminal record certificate.
The request shall be addressed to the County militia in the body whose administrative-territorial RADIUS was born the person for whom the copy or extract is requested, and, in the cases referred to in article 1. 6 paragraph 1. 2, the general Inspectorate of the militia.
Militia bodies will send within 24 hours a copy of the criminal record of the person to whom it has ordered the start of prosecution for offences of the preventive measure egregious times, and in other cases the copy will be sent no later than 7 days after receipt of the request.
Extract from the judicial record shall be sent no later than 30 days after receipt of the request.

Article 15 the sending abroad of extracts from criminal records is done according to international agreements to which the Socialist Republic of Romania is a party.
In the States to which the Socialist Republic of Romania has no commitments resulting from international agreements to which it is a party, the communication of extracts from the criminal record to do it on a reciprocal basis, by the Ministry of the Interior, through the Ministry of Foreign Affairs, at the request of these countries on the diplomatic track.

Article 16 certificate of criminal records issued by individuals, is valid for 3 months from the date of inminarii and only for the purpose for which it was issued.
Request, with complete data and motivated civil status, shall be submitted to the past of the place of birth or residence. When the application is picking up digital impressions.
Issue of the certificate shall be carried out no later than 10 days if the application is filed to the militia of the place of birth and not later than 30 days, if the application is filed to the militia from their homes.
For issuing the certificate of criminal record shall charge a fee of 20 lei, through the application of tax stamps.
Persons resident abroad may apply for the certificate of criminal record by diplomatic missions or consular offices.

Article 17 certificate, copy and extract from the criminal record data entered in the criminal record and weighs which have not been provisional.

Article 18 on the certificate and extract from the judicial record shall not be included: a) convictions handed down for acts committed during minority;

(b) safety precautions taken) without applying punishment, except as provided in art. 112 lit. b, c and e of the penal code.

Article 19

Prosecution and the Court may require verification of fingerprint of an individual where it does not present an identity document or there are doubts over the authenticity of the document presented, wears out names or identity cards false or there are strong hints that an illustrious deed provided by the criminal law.
Identification is done at criminal records.

Chapter 5 Article 20 the person appearing in the judicial record of a criminal record can request correction of data entered or issuing provisional if they do not correspond to the actual situation of the time registration was not made in compliance with the legal provisions.
The request for correction will be changed and will be accompanied by supporting documents; It addresses past body issuing the certificate, copy times extract from the judicial record.
Past body is obliged to check the CD and, if petitioner finds that the criminal record has been a wrong record, take corrective measures and communicates data or issue a new act in place of the person in question.
Certificate of criminal record issued under the terms of the preceding paragraph is exempt from stamp duty.
Past body will communicate how to solve petitioner request within 20 days after filing.

Article 21 the person to whom it was rejected request for correction can enter opposition within 30 days of the communication. Notice of opposition may be introduced and where the criminal record entry error is not due to militia body.
The opposition resolve by the District Court in whose territorial RADIUS the petitioner's residence.
The opposition is exempt from stamp duty.
The decision by which the appeal is final. solves
In case of contestation, the Court shall send the copy of the decision of the body which issued the militia act in question, with a view to rectifying any criminal history.

Chapter 6 special provisions and final provisions Article 22 the accounting of required by final court decision on payment of the charge for the goods whose provenance does not justify you separate from your criminal record, past bodies according to their competence as laid down in article 21. 5 and 6 para. 2 on the basis of the communications made by the courts.
If knowing judgements referred to in the preceding paragraph is necessary according to the law, communication and correction of obvious data shall be in accordance with the provisions of this law.

Article 23 with regard to Communications data to be entered in the criminal record or the record of the past were noted, as well as requests to obtain certificates, statements on children and criminal record will be made on the forms laid down by the Council of Ministers.

Article 24 this Act comes into force on November 1, 1972. On the same date shall repeal the Decree nr. 956/1962 relating to the registration of persons under prosecution, and convicted, the decision of the Council of Ministers No. 545/1963, approving the regulation for the application of this Decree, and any other provisions contrary to this law.

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