LEGE no. 23 23 of 18 November 1969 (** republished) (* updated *) on execution of penalties (updated until 12 February 2004 *)
ISSUER
GREAT NATIONAL ASSEMBLY
--------------- *) The original text was published in the OFFICIAL BULLETIN no. 62 62 of 2 May 1973. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until February 12, 2004, with the amendments and additions made by: DECREE-Law no. 6 6 of 7 January 1990 ; LAW no. 104 104 of 22 September 1992 ; ORDINANCE no. 68 68 of 26 August 1999 ; EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 . ** **) Republicated pursuant to art. III of Law no. 8/1973 , reproduced in C.L.D. no. /1973, p. 146. + Chapter 1 Prison sentence execution + Section I General provisions + Article 1 The prison sentence is executed under the execution warrant, issued on the basis of a final judgment of conviction. The execution of the prison sentence is made in holding places called penitentiaries, established by the order of the minister under which they are found, and in the cases provided by art. 62 Criminal Code, in disciplinary military units. + Article 2 Convicts are received in penitentiaries after their identity is established. Upon receipt, the convicts are brought to the attention of the oblibations and the rights they have, the disciplinary measures that may be applied to them and the rewards that may be granted to them during the execution of the sentence. Both at the reception and during the execution of the sentence, the convicts are subject to the search, as well as the sanitary and hygiene measures. + Article 3 The convicts are assigned to the holding places, taking into account the nature of the crime, the duration of the sentence and the state of relapse, their behavior and responsiveness to the reeducation action. Women's ownership is done separately from men, and minors separated from majors or in special detention places. + Article 4 The material and financial means necessary for the possession, maintenance and re-education of convicts, as well as medical assistance, are provided by the state. + Section II Reeducation of convicts + Article 5 The reeducation of convicts is achieved through work. Convicts are obliged to provide useful work for which they are fit. Also, the reeducation of convicts is achieved by qualifying or retraining in a profession, carrying out cultural-educational activities, as well as by stimulating and rewarding those who are persistent in work and give thorough evidence. Straightening. + Article 6 The convicted minors will be subjected, during the execution of the sentence, to a special education action, to be able to become useful citizens of society. Minors who from receiving in the place of possession still have to serve at least 6 months imprisonment will continue the compulsory general education and will be provided with the opportunity to equip a professional training according to the degree of schooling and Their skills. If minors do not meet the conditions provided by law to attend professional courses, they will be helped to obtain a qualification in a trade or complete it, in accordance with the rules of qualification at work. Teachers, textbooks and supplies will be made available by the Ministry of Education and Research, and the staff and equipment necessary for qualifying in a profession will ensure prisons. Minors sentenced to imprisonment for up to 6 months inclusive shall be provided with the opportunity to complete their knowledge of general culture, taking into account their degree of schooling. + Article 6 ^ 1 Minor convicts, at the age of 18, can be held in the holding places for the continued execution of the sentence in the regime provided for minors, if necessary for the completion of their school training or professional, but not more than 2 years. + Section III The work of the condemned and its remuneration + Article 7 The work of the convicts is organized according to the working hours established by the prison commander and is carried out in compliance with the norms on labor protection Pregnant women will not be used at work during the period set by the legal rules on leave to be granted to employees before and after birth, nor to work in the toxic or harmful environment. Also, those who have given birth and have children less than a year at the place of possession, as well as minors, cannot be used to work in the toxic or harmful environment. The use at work of each convict is done with the opinion of the prison doctor. + Article 8 The duration of the working day cannot exceed 12 hours and is determined in relation to the needs of the production process. Pregnant women, those who have given birth and have children less than one year old at the place of possession, minors, as well as convicts who work in the toxic or harmful environment, cannot extend their working day over 8 hours. + Article 9 The use of convicts at work is done in relation to the professional qualification they have. If the needs of skilled labor arms have been met, those who have a professional qualification will also be able to be used in unqualified work. + Article 10 Convicts who give thorough evidence of entitlement, being persistent in work and disciplined, can perform work without security outside the penitentiary or be used for the supervision of other convicts in workplaces after serving the one. slightly 1/5 of the sentence, fraction in which the time considered as executed, as a result of the work performed, is also included The provisions of the previous paragraph do not benefit those who have been convicted of the crime of murder or for crimes against peace and mankind, or for crimes against the security of the state, or for crimes by which a damage the importance of the national economy, nor those in a state of relapse. + Article 11 The work performed by the convicts is remunerated according to the norms and salary rates established in the branch of activity in which they are used. The work of the convicts used for the workplace supervision of other convicts is remunerated with the minimum tariff wage set on the economy. From the remuneration of the convict's work a 10% share returns to him, and the other side returns to the prison administration, making himself come to the state. From the amounts collected as a reward for inventions, innovations and rationalizations created by the convicts during the holding, they are granted a 50% share, the difference being made to the state. + Article 12 (1) The work provided by the convicts in the interest of the units belonging to the General Directorate of Prisons, as well as the labors provided in the workshops of holding places financed from the budget, shall be remunerated with 10% of the minimum tariff rate established on the economy for the works that are executed in directing, or from the salary made on the basis of the salary tariffs in force for the works that are executed in the agreement. This remuneration rests entirely with the convict. ... (2) The household works necessary for the penitentiary shall not be remunerated. ... ((3) The quotas referred to in paragraph 3 3 and 4 of art. 11, as well as the remuneration provided in par. 1 of this article, due to the convict, shall be recorded at the House of Savings and Consemnations; of these one third shall be made available to the convict to use during the execution of the sentence, and two thirds shall be handed in the freedom. ... ((4) Abrogat. ... -------------- Alin. ((4) art. 12 was repealed by ORDINANCE no. 68 68 of 26 August 1999 published in MONITORUL OFFICIAL no. 415 415 of 30 August 1999. + Article 13 The convicts respond to the damage caused by their fault at the holding or work places. They do not respond to the damage caused by the normal wear and tear of the goods entrusted for use, nor for those arising from the normal risk of work. When the convicts caused damage at the place of possession or work, the amounts representing the compensation shall be withheld, when possible, first of all from the amounts belonging to them, recorded at the House of Savings and Consemnations, leaving them, in this case. case, an amount representing the equivalent of a minimum wage tariff set on the economy, which is handed to them at the release. The amounts representing the compensation, which could not be recovered until the release of the convict, are followed through the financial bodies of the executive committees of the popular councils, according to the legal norms. The damage is recovered from the convicts on the basis of the imputation order issued by the prison commander, which constitutes an executor title. Against the order of imputation, the convict can appeal to the superior hierarchical body within 30 days from the date of taking to the attention under signature. + Article 14 The convict who executed his sentence, after the release will be assigned to work through the care of the bodies of the Ministry of Labour, Social Solidarity and Family and the county directorates for work and social protection issues under the executive committees of the county folk councils or the city of Bucharest. The convict who, during the execution of his sentence, became totally incapacitated by work following a work accident or a professional illness, will receive after release a monthly aid after the distinctions and in the amount provided by the legal provisions relating to beneficiaries of invalidity pension in the framework of state social insurance, who did not have the status of an employee before. The monthly aid under the conditions and percentages provided for in the pension legislation also benefits the descendants of those who died due to a work accident or a professional illness during the execution of the sentence. It can also receive a monthly aid the convict who at the time of release is invalid Grade I or II due to an accident outside of work, if he had a paid activity in any way at least 3 years before the start of execution punishment. The amount of this aid is established between the limits of 50 and 100% of the corresponding social aid, provided for by the legal provisions relating to beneficiaries of social assistance in the framework of state social insurance. For those domiciled in rural areas, the amount of monthly aid cannot exceed the pension granted to members of agricultural production cooperatives. Monthly aid shall be granted only if the person concerned does not fulfil the conditions for obtaining a pension or social assistance under state social insurance or other sectors of activity with his own social security systems and not has means of existence. The monthly aid is established by the executive committee of the popular council of the county in which the former convict resides, based on the certificate issued by the administration of the place of possession, showing the circumstances in which the produced the accident or contracted the disease. The degree of invalidity is established by the commission for the expertise of the work capacity in the county where the former convict has his domicile, and the fact that he is deprived of means of existence is found by the social assistance bodies. The payment of the monthly aid is made from the funds allocated for this purpose to the budget of the executive committee of the county folk council or Bucharest + Section IV Oblibations and rights of convicts + Article 15 During the execution of the sentence, the convicts are obliged to observe the daily schedule, the discipline and the inner order, to execute the provisions given by the prison staff, to submit to the search, to wear the prison costume, to observe the hygiene rules and prescriptions of the holding site doctor. Also, the convicts are obliged to behave with care for the socialist property in the penitentiary or at the socialist organization where they work. + Article 16 The convicts are entitled to the necessary food, also taking into account the work they perform, as well as the state of their health, according to the legal norms. Pregnant women or those who gave birth during the execution of the sentence, while the child remains with the mother, children born at the penitentiary, up to a year old, as well as minors, are provided with food in a differentiated way, according to the legal norms established for these categories. + Article 17 The convicts have the right to rest, walk, nurse, right to petition *), receive visits, packages with food or clothing or medicines, books, newspapers and magazines, cigarettes, receive and send correspondence *) and amounts of money. -------------- * *) Article 16 of EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003 provides: "" ... the provisions relating to the right of petition and the right to correspondence from Law no. 23/1969 on the execution of penalties, republished in the Official Bulletin, Part I, no. 62 of 2 May 1973, as amended and supplemented, shall be repealed. '; + Article 18 ((1) Abrogat. ... ((2) Abrogat. ... (3) Foreign convicts may be visited by consular officials of diplomatic missions or foreign consular offices, on the basis of the authorization of the ministry under which the place of possession is located, except when by conventions international is ordered otherwise. ... -------------- Alin. ((1) and (2) of art. 18 were repealed by EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003. + Article 19 Repealed. -------------- Article 19 was repealed by EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003. + Article 20 Repealed. -------------- Article 20 was repealed by EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003. + Section V Disciplinary measures and rewards + Article 21 For violation of the rules of discipline one of the following disciplinary measures can be taken against convicts: a) reprimand; ... b) withdrawal of one, several, or all rights to receive visits, packages, to receive and send correspondence *), for the period to which they are entitled; ... c) simple isolation, up to 15 days; ... d) severe isolation, up to 10 days, only with the opinion of the penitentiary doctor; ... e) transfer for a period of 3 to 12 months for the execution of the sentence at a penitentiary where a restrictive regime applies. ... The measures provided for in point a-d are taken by the prison commander. Severe isolation can be extended, with the opinion of the holding doctor, in 10 days, only with the approval of the Director General of the General Directorate of Prisons, without exceeding a total of 20 days. The transfer to a penitentiary with restrictive regime is ordered by the Director General of the General Directorate of Prisons, at the request of the commander. -------------- * *) Article 16 of EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003 provides: "" ... the provisions relating to the right of petition and the right to correspondence from Law no. 23/1969 on the execution of penalties, republished in the Official Bulletin, Part I, no. 62 of 2 May 1973, as amended and supplemented, shall be repealed. '; + Article 22 Against juvenile convicts cannot be taken the measure of withdrawal of the right to correspondence *), severe isolation and transfer to a penitentiary with restrictive regime, and the measure of simple isolation cannot be taken for a duration of more than 10 days. Pregnant women may not be subject to the measures provided for in art. 21 lit. c, d and e. -------------- * *) Article 16 of EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003 provides: "" ... the provisions relating to the right of petition and the right to correspondence from Law no. 23/1969 on the execution of penalties, republished in the Official Bulletin, Part I, no. 62 of 2 May 1973, as amended and supplemented, shall be repealed. '; + Article 23 Convicts who give thorough evidence of correction, are disciplined, work conscientiously, meet or routinely exceed production norms, or whose proposals for inventions, innovations and rationalizations are appropriated by the bodies. The following rewards may be awarded by the prison master: a) supplementation of rights to packages, visits and correspondence *); ... b) erection of a previously disciplinary action. ... ------------- * *) Article 16 of EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003 provides: "" ... the provisions relating to the right of petition and the right to correspondence from Law no. 23/1969 on the execution of penalties, republished in the Official Bulletin, Part I, no. 62 of 2 May 1973, as amended and supplemented, shall be repealed. '; + Article 23 ^ 1 In exceptional cases, the Minister of Administration and Interior, on the proposal of the commander, may grant a period of no more than 5 days to the convicts who meet the conditions laid down in art. 23, to solve serious situations, family or otherwise. + Article 24 The Commission of proposals for conditional release may propose for a pardon the convicts who meet the conditions laid down in art. 23, as well as those who are in one of the following situations: a) they have saved or endangered their lives to save people or property socialist property from fires, floods or other calamities; ... b) have developed scientific works, recognized by the competent bodies and which, by applying them in practice, contribute to the development of the national economy or science; ... c) have made a significant contribution to the reeducation activity of the other convicts; ... d) prevented or thwarted hostile actions on the part of convicts, escapes, attacks on security personnel or other such acts. ... + Section VI Conditional release + Article 25 Convicts who are persistent in work, disciplined and give thorough evidence of correction, as well as convicts who have never been used at work or are no longer used, but give thorough evidence of discipline and correction, holding themselves together. account and their criminal history, can be conditionally released before the full execution of the sentence, under the conditions of art. 59 and 60 of the Criminal Code. For the determination of the part of the sentence that can be considered as executed on the basis of the work performed, account is taken of the minority state and the percentages of fulfilment of the labor norms. In order to grant conditional release, account shall also be taken of the work performed during the preventive arrest. + Article 26 The punishment that can be considered as executed on the basis of the work performed, in order to grant conditional release, is calculated as follows: a) for exceeding the norm by up to 5%, 6 days executed for 5 working days; for exceeding the norm by over 5% up to 10%, 5 days executed for 4 working days; for exceeding the norm by more than 10%, 4 days executed for 3 days worked; ... b) in the case of juvenile convicts, for the realization of 80-90% of the norm, 4 days executed for 3 days worked; for the realization of over 90% up to 100% of the norm, 3 days executed for 2 working days; for exceeding the norm, 2 days executed for a work day; ... c) for productive work that cannot be the norm, 6 days executed for 5 days worked, and in the case of juvenile convicts, 4 days executed for 3 days worked; ... d) for permanent household work, necessary for the penitentiary, as well as for the supervision of other convicts, 5 days executed for 4 working days, and in the case of juvenile convicts, 3 days executed for 2 working days; ... e) for convicts who have developed scientific papers, or whose proposals for inventions, innovations and rationalizations have been appropriated by the competent bodies, or who have carried out other special activities, 3 days executed for 2 working days, during the time of these activities. ... + Article 27 With a view to conditional release, a committee of proposals operates at each penitentiary. The Commission shall consist of the Chair and four members. The chairman of the commission is the prosecutor delegate of the county prosecutor's office in whose territorial area the penitentiary is The prison commander is a member of law in committee. The other members shall be designated by the commander, among the subordinate staff occupying the functions provided for in the Regulation. The commission has a secretary, who is the chief of the convicts ' + Article 28 Commission provided for in art. 27 examines the situation of each convict, in order to ascertain whether the conditions provided in art. 59 and 60 of the Criminal Code, drawing up a report on how to conduct the convict in the penitentiary and at work, data on the work performed and, when applicable, the proposal for conditional release. The minutes by which it is found that the conditions required for conditional release are met shall be submitted to the judge in whose territorial area the penitentiary is located, in order to apply the provisions of art. 450 of the Code of Criminal Procedure. If the Commission finds that the convict does not meet the conditions for release, it shall fix a period for the review of its situation, which shall not be more than one year. At the same time, consider the convict that he can address the court directly. When the convict addresses the court directly asking for conditional release, the minutes of the committee of proposals are also sent with the request. + Section VII Security of the convicts and access to the holding sites + Article 29 The outside guard of prisons, the supervision and escorting of convicts are done with certain trained personnel, taking measures to prevent the evading of convicts from the execution of the prison sentence. + Article 30 In the exercise of supervisory tasks, they have access to the holding and work places the president of the tribunal or the judge delegated by him and the competent prosecutor according to the law Also, the delegates of the bodies with control powers have access, as well as the persons authorized by the ministry in whose subordination the holding places are found. + Chapter 1 ^ 1 Execution of sentence at work ------------- Cap. 1 ^ 1 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 1 The sentence is executed at work in the establishment-institution or economic agent-where the convict carries out his work on the date of application of the sentence, if he has given his consent, under the execution mandate issued on the basis of the decision Final court of conviction. During the execution of the sentence, the employment contract is suspended. If the sentencing decision was ordered to be executed in a unit other than the one in which the convicted one carried out his activity on the date of application of the sentence, the concluded employment contract ceases. The sentence is executed under the term of execution of the sentence, without entering into employment contract. Provisions of paragraph 2 shall apply accordingly and if the convicted person does not carry out an activity on the date of application of the sentence. ------------- Article 30 ^ 1 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 2 Repealed. ------------- Article 30 ^ 2 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 3 Repealed. ------------- Article 30 ^ 3 was repealed by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 4 From the income due to the convict, according to the legal norms, for the activity carried out, the unit retains and flows to the state budget a quota established in relation to income, in the following way a) 20% for net income up to 8,000 lei; ... b) 25% for the part of the net income between 8,001-10.000 lei; ... c) 35% for the part of the net income between 10.001-12,000 lei; ... d) 40% for the part of the net income exceeding 12,000 lei. ... If the convict is a minor, the odds are reduced by half. In the case of convicts who have, according to the law, persons in maintenance, the quotas provided for in a), b), c) and d) shall be reduced to 15%, 20%, 30% and 35% respectively. -------------- Article 30 ^ 4 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 5 The convict is obliged to appear at the unit where he is to serve the sentence within 5 days of receiving the execution warrant. The convict is obliged to perform properly all the duties he has at work, having the rights incumbent on him according to the law, with the limitations provided in art. 86 ^ 8 of the Criminal Code. The workplace cannot change at the request of the convict, except by the decision of the court. The convict must also comply with the surveillance measures and oblibations established by the court according to art. 86 ^ 8 para. 3 of the Criminal Code. -------------- Article 30 ^ 5 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 6 The unit shall communicate to the executing court the date of submission of the convict and keep records of the time it is missing from the workplace, in order to ensure the full execution of The management of the unit provides the convict with working conditions so that he can fulfill his oblibations and designates, when appropriate, a collective that will supervise the conduct of the convict, supporting him in order to justify him. The unit cannot unwrap the convict's employment contract for the duration of the execution of the sentence at work, except in cases of revocation and cancellation of the execution of the sentence at work. If situations which, independently of the will of the convict or of the establishment, require the change of the place of work, the unit notifies the delegated judge with the occasion of the execution of the sentence or in the course of execution, Execution. Receiving the notice, the judge delegated with the execution checks the grounds invoked and, as the case may be, takes measures to enforce or continue the execution or refer the matter to the court. -------------- Article 30 ^ 6 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 7 If a case arises of revocation or cancellation of the execution of the sentence at the workplace, the unit or, as the case may be, the police body, the prosecutor or the convict shall immediately notify the competent court according to art. 447 ^ 1 of the Code of Criminal Procedure. -------------- Article 30 ^ 7 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Article 30 ^ 8 Upon expiry of the term of the sentence, it shall release the convict a certificate of execution of the sentence and notify the executing court and the local police body. -------------- Article 30 ^ 8 was amended by LAW no. 104 104 of 22 September 1992 published in MONITORUL OFFICIAL no. 244 244 of 1 October 1992. + Chapter 2 Execution of the death penalty Repealed. *) -------------- Cap. 2 was repealed by DECREE-Law no. 6 6 of 7 January 1990 published in MONITORUL OFFICIAL no. 4 4 of 8 January 1990. + Article 31 Repealed. *) -------------- Article 31 was repealed by DECREE-Law no. 6 6 of 7 January 1990 published in MONITORUL OFFICIAL no. 4 4 of 8 January 1990. + Article 32 Repealed. *) -------------- Article 32 was repealed by DECREE-Law no. 6 6 of 7 January 1990 published in MONITORUL OFFICIAL no. 4 4 of 8 January 1990. -------------- * *) Article 4 of DECREE-Law no. 6 6 of 7 January 1990 published in MONITORUL OFFICIAL no. 4 4 of 8 January 1990 mentions: " It is repealed art. 54, 55, 120 para. 4 and 130 of the Criminal Code, as well as the provisions on the execution of the death penalty Law no. 23/1969 and of the Regulation approved by Decision of the Council of Ministers no. 2282/1969 .. " + Chapter 3 Execution of fine + Article 33 The execution of the criminal fine in case of non-compliance with the deadline for its full payment, or of a rate when the payment of the fine was staggered is made by: a) the retention and payment to the state budget of one third of the net income made by the convict for the work performed or from his pension; the amounts intended to cover other debts that the convict would have is calculated, in the quotas provided by law, on the other two-thirds of net income; ... b) the forced pursuit of the convict's assets, according to the legal provisions governing the execution of state claims ... In the case provided at lit. a the fine is executed by the unit that makes the payment of the salary or any other income from work or by the body that orders the payment of the pension. In the case provided at lit. b the fine is executed by the financial body of the executive committee of the popular council of the locality where the convict resides. + Article 34 The organs provided in art. 33 33 para. 2 and 3 are obliged to communicate to the executing court, on the date of full payment of the fine, its execution. The same bodies are obliged to notify the court about any circumstance that prevents the execution. + Chapter 4 Execution of Complimentary Penalties + Article 35 The executive committee of the popular council of the administrative-territorial unit in which the convict is domiciled, receiving the copy from the device of the decision to impose the complimentary punishment of the prohibition of one of the the rights referred to in Article 64 letter a, d and e of the Criminal Code, will bring this to the attention of the competent services, for taking into account. + Article 36 Any organ called to carry out an act involving the person concerned with one of the rights referred to in art. 64 of the Criminal Code will ask that person to give a statement that he did not suffer any conviction prohibiting the exercise of that right. The body provided for in the previous paragraph, if necessary, will ask for relations from the institution that keeps records of convicted persons. + Article 37 The complimentary punishment of military degradation is executed according to special legal provisions. + Article 38 The execution of the compliment penalty of confiscation of wealth is made according to the legal provisions governing the execution of state claims and confiscation. + Chapter 5 Execution of preventive arrest measure + Article 39 The measure of preventive arrest is carried out in penitentiaries or in specific places established by order, as the case may be, of the Minister of National Defence, the Minister of Administration and Interior The Ministry of National Defence provides the holding places for the soldiers remanded in custody, investigated by the bodies provided in art. 208 lit. a and b of the Code of Criminal Procedure. Those remanded in custody will be held separately from convicts The holding of women is made under the conditions 3 3 para. 2 2 of this law. The possession of minors is made separately from the increases. At the request of the criminal prosecution body, the preventive arrests in the same case are kept separate from each other. The security and supervision of detainees in the preventive holding places established by the order of the Prosecutor General shall be made with specialized personnel. + Article 40 ((1) Abrogat. ... ((2) Abrogat. ... (3) Preventive arrests may be used at work only if they consent to it and with the opinion of the doctor of the place of possession, except for the household work carried out on a rotating basis, for which the consent is not necessary. Those who find themselves under criminal prosecution can be used at work, under the same conditions, only with the opinion of the tracking body. ... (4) Inmates under criminal or trial prosecution will wear personal clothing. For thorough reasons, they will have to wear the holding site suit. ... ------------- Alin. ((1) and (2) of art. 40 were repealed by EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003. + Article 41 Art. 2-4, 6-9, 11-23, 26, 29, 30, 42 and 43 apply accordingly. + Chapter 6 Transitional and final special provisions + Article 42 In case of death of a convict, things, his acts and his money at the penitentiary are handed over to the family. If these goods have not been claimed within one year of the family or, if no family member is known, after the one year of death, they pass into the state property. + Article 43 The acts necessary for the establishment of a right, which it is stated to have been born in connection with the execution of the prison sentence, shall be issued by the place of possession only to the competent bodies to establish the existence or non-existence of + Article 44 Repealed. -------------- Article 44 was repealed by EMERGENCY ORDINANCE no. 56 56 of 25 June 2003 published in MONITORUL OFFICIAL no. 457 457 of 27 June 2003. + Article 45 The Minister of National Defence will issue instructions on the execution of the prison sentence in disciplinary military units, according to art. 62 of the Criminal Code and the provisions of this law, applied accordingly to the specificity of these units, as well as on the execution of preventive arrest by the soldiers investigated by the criminal investigation bodies provided for in art. 208 lit. a and b of the Code of Criminal Procedure. + Article 46 For the time from January 1, 1969 until the entry into force of this law, convicts serving sentences up to 5 years imprisonment will receive a share of 5% of the remuneration of the work performed, and those serving sentences of more than 5 years will receive a % share. + Article 47 For the period before the entry into force of this Law, the calculation of the part of the sentence that can be considered as executed on the basis of work performed, in order to apply 59 and 60 of the Criminal Code, according to the provisions Decree no. 720/1956 . + Article 48 This Law shall enter into force on 1 January 1970. Same date Decree no. 104/1951 for the establishment of the manner of execution in disciplinary units by the military within the term of custodial sentences, Decree no. 720/1956 for the regulation of release before the deadline, based on work performed and good behavior, published in the Official Bulletin no. 2 2 of 16 January 1957, Decree no. 126/1958 on the regime of convicts of custodial sentences, Decree no. 500/1958 for the approval of the Regulation on the enforcement of judgments by which the death penalty was handed down, and Decree no. 292/1961 on the establishment and recovery of material damage caused to the Ministry of Internal Affairs by prisoners in the holding places, shall be repealed. NOTE: Right. art. II of Law no. 8/1973 , the execution of the sentence of the fine handed down by a decision remaining final before the entry into force of this law is made according to the provisions applicable at the date of delivery of the -------------- See also EMERGENCY ORDINANCE no. 64 64 of 28 June 2003 published in MONITORUL OFFICIAL no. 464 464 of 29 June 2003. ---------------
