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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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LEGE no. 7 7 of 21 April 1972 on the criminal record
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 43 43 of 29 April 1972



+ Chapter 1 + Article 1 In order to prevent and combat the facts provided by the criminal law, incompatible with the ethics, fairness and order of socialist law, the criminal record is organized as a means of knowledge and operative discovery of persons who attempt to the socialist property, the rights, dignity and life of citizens, the other material and spiritual values protected by the law. + Article 2 The criminal record is kept records of convicted persons or against whom other criminal measures have been taken. + Article 3 State bodies, socialist organizations, any public organizations, as well as individuals, have the right to obtain, as the case may be, children and extracts from the data registered in the criminal record or certificates of record, under the conditions of this law. + Chapter 2 + Article 4 The criminal record is organized by the Ministry of Interior and is held by the militia bodies. + Article 5 At the county militia bodies operate the local criminal record, in which the records of persons born in the administrative-territorial area of the county are kept. + Article 6 The General Inspectorate of the militia operates the central criminal record, in which the records of persons from the entire territory of the Socialist Republic of Romania, as well as those in one of the situations provided in art. 11 11 para. 2. In the central criminal record it is also held records for persons: a) born in Bucharest and in the administrative-territorial area of Ilfov County; b) born abroad; c) about which communications were received from the competent bodies of other states. + Article 7 Registration in the criminal record is made nominally, by registering personal and judicial data, and typist, in the cases provided in this law, by taking digital impressions, necessary for the operative identification of persons recorded and exact knowledge of their legal situation. + Chapter 3 + Article 8 The criminal record includes data on: a) penalties and safety measures, educational measure of admission to a special institute of reeducation or medical-educational, pronounced by final criminal decisions; b) the commencement, interruption and termination of the prison sentence, of the safety and educational measures provided for in letter a, conditional release and revocation, execution of the death penalty; c) amnesty, pardon, prescription, rehabilitation; d) the penalties and measures rendered by final criminal decisions by the courts abroad, as well as by the measures taken by the acts carried out by the criminal judicial bodies abroad, if these decisions or acts were recognized by the competent Romanian bodies; e) final decisions imposing changes in the criminal record; f) extradition. + Article 9 In the records of the militia bodies shown in art. 5 and 6 are provisionally noted, until the final settlement of the case, when they are deleted from the record, data on persons against whom the criminal action was ordered to be set in motion or pre-trial detention. The provisional notaries for which no definitive resolution communications have been received for 5 years from the registration shall be deleted from the record of this deadline. + Article 10 Registration of the data provided for in 8 8 or provisional notaries referred to in art. 9 9 shall be based on: a) the extracts from the final court decisions, as well as from the conclusion of the extension of the criminal proceedings, sent by the court; b) communication of commencement, interruption or termination of the execution of the prison sentence, of the measure of preventive arrest for the execution of safety measures and those educational, of the death penalty, sent by the militia body in the cases provided for in art. 11 11 para. last; c) the communication on the fulfilment of the extradition decision, sent by the body which executed the measure; d) communications for the setting in motion of the criminal action, of the extracts on the orders of removal from prosecution or termination thereof, sent by the prosecution body that took the measure. + Article 11 Communications, extracts and other acts provided for in art. 10 are sent to the competent militia bodies according to art. 5 5 and 6 para. 2, no later than 7 days after the date of taking the measure, the delivery of the solution or the intervention of the fact to be taken into account. In cases of starting the execution of the prison sentence, admission to specialized medical institutes, as well as the admission of minors to special educational or medical-educational institutes, the communications will be accompanied by the dactyloscopic sheet. These communications are sent to the General Inspectorate of the militia. In the situations provided in art. 6 6 para. 2, the communications provided for in the preceding paragraph shall be sent only to the General Inspectorate of the For those admitted to specialized medical institutes or in medical-educational institutes, the dactyloscopic sheet is drawn up by the local authority of the militia, which also sends the communication. + Article 12 Persons entered in the criminal record or on which provisional notaries have been made shall be highlighted if they are in one of the following situations: a) the facts that they have enjoyed are no longer provided by law as crimes; b) have been rehabilitated. For those rehabilitated by law in case of conditional suspension of the execution of the sentence, the removal from the record is made after 2 years have passed since the expiry of the trial period; c) 2 years have passed since the date of intervention of the amnesty; d) have been sentenced to the sentence of the fine or to a private sentence of freedom of no more than 3 years and have passed 28 years since the date of the conviction; e) have died; f) were removed from prosecution, were ordered to stop the prosecution or a final decision was made to acquit or terminate the criminal proceedings. If in the criminal record of the persons referred to in lett. a-d and f there are other particulars, only the particulars that require the removal from the record shall be deleted. + Chapter 4 + Article 13 Criminal prosecution bodies and courts can ask, whenever necessary, a copy of the criminal record of the person under criminal prosecution or trial. Also, military bodies can request a copy from the criminal record of the person subject to military obligations. Socialist organizations can ask for excerpts from a person's criminal record, if knowledge of the data on it is necessary. + Article 14 The request for obtaining the data or extracts from the criminal record must be motivated and include the complete civil status data of the person concerned. Socialist organizations will mention in the application for the release of the extract from the criminal record and the reason why it is necessary and not the criminal record certificate. The application is addressed to the organ of the county militia in whose administrative-territorial area the person for whom the copy or extract is requested was born, and in the cases provided in art. 6 6 para. 2, the General Inspectorate of Militia. The militia bodies will send within 24 hours the copy of the criminal record of the person against whom the prosecution for flagrant crimes or the measure of preventive arrest was ordered to begin, and in the other cases the copy will be sent to not more than 7 days after receipt of the request. The extract from the criminal record shall be sent no later than 30 days after receipt of the request. + Article 15 The sending abroad of the extracts from the criminal record is made according to the 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 the international agreements to which it is part, the communication of the extracts from the criminal record is made, on the basis of reciprocity, by the Ministry of Interior, by Ministry of Foreign Affairs, at the request of these states transmitted diplomatically. + Article 16 The criminal record certificate, issued to individuals, shall be valid for 3 months from the date of the registration and only for the purpose for which it was issued. The application, with the complete civil and reasoned state data, shall be submitted to the militia body at the place of birth or domicile. Digital impressions are taken when submitting the application. The issuance of the certificate shall be made no later than 10 days if the application is submitted to the militia body at the place of birth and in no more than 30 days, if the application is submitted to the militia body at the place of domicile. For the issuance of the criminal record certificate a fee of 20 lei is charged, by application of tax stamps. People domiciled abroad can apply for a criminal record certificate through the Romanian diplomatic missions or consular offices. + Article 17 In the certificate, the copy and the extract from the criminal record shall pass the data recorded in the criminal record and the provisional notaries that have not been deleted. + Article 18 In the certificate and the extract on the criminal record do not register: a) convictions handed down for acts enjoyed during the minority; b) safety measures taken without the application of a sentence, except those provided for in art. 112 lit. b, c and e of the Criminal Code. + Article 19 The prosecuting body and the court may order the carrying out of a person's fingerprint verification in cases where they do not present an identity document or there are suspicions of the authenticity of the act presented, wear out by name or false identity documents or there are thorough indications that he has enjoyed a deed provided by the criminal law. Identification is made at the central criminal record. + Chapter 5 + Article 20 The person appearing in the records of the criminal record may request the rectification of the registered data or provisional notaries if they do not correspond to the actual situation or their registration was not done in compliance with the legal provisions The request for rectification will be amended and will be accompanied by the supporting documents; it is addressed to the organization of the militia that issued the certificate, the copy or the extract from the criminal record. The militia's body is obliged to verify the petitioner's claims and, if it finds that a wrong registration has been made in the criminal record, takes measures to rectify the data and communicates or releases a new act instead of the contested one. The criminal record certificate issued under the conditions of the previous paragraph shall be exempt from stamp duty. The militia body will communicate to the petitioner how to resolve the application within 20 days of its submission. + Article 21 The person to whom the request for rectification has been rejected may appeal within 30 days of the communication. The appeal can also be introduced if the error of registration in the criminal record is not due to the organization of the militia. The appeal shall be settled by the judge in whose territorial area the petitioner resides. The appeal is exempt from stamp duty. The decision to settle the appeal is final. In case of admission of the appeal, the court will send a copy of the decision of the organization of the militia that issued the contested act, in order to rectify the criminal record. + Chapter 6 Special and final provisions + Article 22 The record of persons obliged by final court decision to pay the tax on goods whose origin is not justified shall be held, separately from the criminal record, by the militia bodies according to the competence established in art. 5 5 and 6 para. 2, based on communications made by the courts. If the knowledge of the judicial decisions provided for in the preceding paragraph is necessary according to the law, the communication and the rectification of the data from the record shall be made in accordance + Article 23 The communications regarding the data to be entered in the criminal record or provisionally noted in the militia record, as well as the requests for obtaining certificates, children and extracts from the criminal record, will be made on standard forms. established by the Council of Ministers. + Article 24 This Law shall enter into force on 1 November 1972. On the same date is repealed Decree no. 956/1962 on the registration of persons under charge, as well as those convicted, Decision of the Council of Ministers no. 545/1963 for the approval of the implementing regulation of this decree, as well as any other provisions contrary to this law. ------------------------