Law No. 23 Of November 18 1969 * Reposted To The Execution Of Sentences;

Original Language Title:  LEGE nr. 23 din 18 noiembrie 1969 *** Republicat privind executarea pedepselor

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Law No. 23 of November 18, 1969 (republished * *) (* updated *) concerning the enforcement of sentences (updated until 12 February 2004 *) ISSUING NATIONAL ASSEMBLY — — — — — — — — — — — — — — — *) originally was published in the Official Gazette nr. 62 of 2 May 1973. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until February 12, 2004, with amendments and additions made by: Decree-Law No. 6 of 7 January 1990; Law No. 104 of 22 September 1992; ORDINANCE No. 68 of 26 august 1999; EMERGENCY ORDINANCE No. 56 of 25 June 2003.
*) Republished under art. III of law No. 8/1973, reproduced in C.L.D. nr. I/1973, p. 146.


Chapter 1, the prison sentence Execution section I General provisions Article 1 prison Punishment is executed pursuant to the enforcement mandate, issued on the basis of a final judgement by a court conviction.
The execution of the prison sentence shall be carried out in places of ownership called prisons, established by order of the Minister in whose subordination are found, and in the cases provided for by art. 62 of the criminal code, in military disciplinary units.


Article 2 Inmates in prisons are receive after li settles identity.
To receive persons convicted them at oblibaţiile and knowledge of their rights, disciplinary measures may apply what and why rewards may be granted during the execution of the death penalty.
Both at reception and during the execution of the punishment, inmates are subjected to perchezitiei, as well as sanitary and hygiene measures.


Article 3 Inmates are divided to take ownership, due to the nature of the crime, the length of the sentence and recidivism, misconduct and their responsiveness to rehabilitation.
The ownership of women is done separately from men, and minors separately from adult or in places of detention.


Article 4 of the necessary financial and material Means owning, maintaining and re-education of persons convicted, as well as medical care, are provided by the State.


Section II article 5 persons convicted Reeducation Reeducation through labor of persons convicted. Inmates are obliged to provide a useful work for which they are able.
Moreover, the retraining qualification of persons convicted or retraining in job skills, conducting cultural and educational activities, as well as stimulating and rewarding those who are staruitori in the work and give strong evidence of straightening.


Article 6 convicted Minors will be subjected, during the execution of the death penalty, an action of special education to become useful citizens.
Minors from receiving instead of ownership may have executed at least 6 months imprisonment will continue general education shall be compulsory and will ensure the possibility of dobindi a professional training according to the degree of training and with their skills. If you do not fulfil the conditions provided for minors by law to attend vocational training, they will be helped to obtain a qualification in a craft or a supplement in accordance with the rules of skill at work. Teachers, textbooks and supplies will be made available by the Ministry of education and Research and the staff and equipment necessary for the qualification in a profession shall ensure prison.
Minors sentenced to imprisonment for a period up to 6 months ensure their ability to complement the knowledge of general culture, due account of their degree of schooling.


Article 6 ^ 1 juvenile Inmates at 18 years of age the accomplishment may be ownership in their jobs stand out from for the execution of the death penalty in the arrangements laid down for minors, if this is necessary in order to improve their training school or professional, but not more than 2 years.


Section III of the Work and the remuneration of persons convicted them article 7 persons convicted according to the Work programme established by the Commander of the prison and is carried out in compliance with the rules on safety.
Pregnant women shall not be employed to work in the period established by the legal norms regarding what is granted leave before and after childbirth hires and any work in toxic or infringing. Also those who were born and have children less than one year in place of ownership, as well as minors, they cannot be used at work in toxic or infringing.
Using the work of each convict is made with the prison doctor's opinion.


Article 8 the duration of working hours may not exceed 12 hours and is established in relation to the needs of the production process.
Pregnant women, those who were born and have children less than one year in place of ownership, as well as persons convicted minors working in toxic environment or infringing, cannot extend the work day over 8 hours.


Article 9 Use of persons convicted to work is being done in relation to professional qualifications they have. When the arms needs of skilled labor have been satisfied, those who have a professional qualification will be able to be used and the unqualified.


Article 10 Inmates who give good evidence of straightening, being staruitori in the work and disciplined, can perform their work without the guard outside the prison, or can be used to monitor other convicted at places of work, having executed at least 1/5 of the penalty, in which the fraction includes the time considered to be executed as a result of work done.
The provisions of the preceding paragraph do not benefit those who have been convicted of the offense of manslaughter or for crimes against peace and humanity or offences against State security, or for crimes which caused a damage of the importance of the national economy, and those who are in a State of relapse.


Article 11 Work performed by convicted is remunerated as according to the rules and wage tariffs established in the industry in which they are using.
Persons convicted for overseeing work use at work is remunerated as other convicted with minimum wage tariff set on economics.
Convict labour remuneration from a rate of 10%, and the other is the responsibility of its part of the penitentiary administration returns, notably it came to the State from amounts received as reward for inventions, innovations and rationalizations created by convicted during holding, given them a share of 50%, the difference shall be notably came from the State.


Article 12 (1) of the doomed Work interest units that belong to the General Direction of penitentiaries, as well as work rendered in employment workshops financed from budget ownership, it remunereaza with 10% of the minimum wage on economy tariff established for what is executed in directing or salary based on wage tariffs in force for what is in the agreement. This remuneration in its entirety only.
  

(2) Work with the necessary character shall not be used in the remunereaza prison.
  

(3) the quotas provided for in paragraphs 1 and 2. 3 and 4 of article 3. 11, and the remuneration referred to in paragraph 1. 1 of this article, due to the detainee, it records the House savings and Consemnatiuni; of these, one third are made available to the detainee to use during the execution of the death penalty, while two-thirds i shall be handed in to the release.
  

(4) Repealed.
  

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Alin. (4) article. 12 was repealed by ORDINANCE No. 68 of 26 august 1999, published in Official Gazette No. 415 august 30, 1999.


Article 13 Inmates of damages to respond from their fault to take ownership or employment. They do not respond for damages caused from normal wear and tear of the goods entrusted to it nor for use towards those originating from the normal risk of labor.
When inmates have caused extensive damage at the site of ownership or employment, amounts representing claims is retin, when possible, in the first row of the amounts that they belong at the House, recorded savings and Consemnatiuni, leaving them, in this case, an amount representing the equivalent of a tariff established minimum wage per economy, which shall be handed in to the release.
The amounts representing claims, which could not be recovered until the detainee release, is watching through the financial organs of the executive committees of Councils, according to legal norms.
Damage recover from convicted on the basis of the order issued by the prison Commander imputation, which constitutes title executor.
Imputation against the order, the convict can make opposition to the hierarchically superior body within 30 days from the date of the decision to the notice below your signature.


Article 14 the convict who has executed the punishment after release will be included in the work by the Ministry of labour bodies, social solidarity and family and the County directorates for labour issues and social ocrotiri besides the executive committees of Councils of the county or city folk.
The convict who, during the execution of the death penalty, has become incapable of total job following an accident at work or an occupational disease, will receive monthly aid after his discharge after the awards and in the amount prescribed by the regulations of the legal beneficiaries of invalidity pension under the State social insurance, which did not have before the quality of employee.
Monthly aid under the conditions referred to in the legislation and the percentages of the pensions benefits and those who have followers died due to an accident at work or to an occupational diseases occurring during the execution of the death penalty.

You may also receive a monthly help convict at the time liberarii is grade I or II invalid due to an accident in working out, if you had a part-time in any manner for at least three years before the start of the execution of the death penalty. The amount of this aid is established between 50 and 100% of the income support provided by appropriate legal provisions concerning the recipients of social welfare within the framework of State social insurance for those you reside in rural areas, the aid intensity shall not exceed the monthly retirement pension granted to the members what agricultural production cooperatives.
Monthly aid shall be granted only in the event that the cause did not fulfill the conditions to obtain a pension or social assistance under the State social insurance or other activity sectors with their own social security systems, and has no means of existence.
Using monthly is established by the Executive Committee of the Board of the County in which the popular jurisdiction formerly condemned, on the basis of permits issued by the administration of the place of ownership, indicating the circumstances in which the accident occurred or the disease was contracted. Degree of invalidity is established by the work capacity of expertise from the County in which the condemned is domiciled, and the fact that it is devoid of means of existence are found by social assistance.
The monthly payment is made from the funds allocated for this purpose in the budget of the Executive Committee of the Council of the municipality or County popular.


Section IV of the Oblibaţiile and the rights of persons convicted during the enforcement of article 15 punishment, inmates are obliged to observe daily schedule, discipline and order, to enforce the provisions given by the prison staff, to comply with perchezitiei, the prison suit to wear, to obey the rules of hygiene and the physician contraindications site ownership.
In addition, inmates are forced to behave with upholding Socialist property assets that are in prison or in the Socialist Organization where I work.


Article 16 Inmates have a right to food required due consideration and that a provides, as well as their health, according to legal norms.
Pregnant women or those who were born during the execution of the death penalty, while the child remains with her mother, children born in prison up to the age of one year, as well as minors and ensure their food in differentiated way according to the legal norms established for these categories.


Article 17 Inmates are entitled to rest, medical care, the right to petitiona *), receive visits, packages with food or clothing, books, drugs, times newspapers and magazines, cigarettes, to receive and send correspondence *) and sums of money.
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*) Art. 16 of the EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003 States: "the provisions relating to the right of petitioning and the right to correspondence from the law. 23/1969 on the execution of punishments, republished in the Official Gazette, part I, no. 62 from May 2, 1973, as amended and supplemented, it repealed. "


Article 18 (1) be repealed.
  

(2) Repealed.
  

(3) foreign Inmates can be visited by consular officials of diplomatic missions or consular posts of foreign, on the basis of the authorization under which the Ministry is an important place of ownership, unless by international conventions provide otherwise.
  

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Alin. (1) and (2) of article 3. 18 were repealed by EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003.


Article 19 Repealed.
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Art. 19 was repealed by EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003.


Article 20 Repealed.
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Art. 20 was repealed by EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003.


Section v: disciplinary actions and rewards For violating Article 21 disciplinary Council can take against persons convicted one of the following disciplinary measures: reprimand to);
  

b) withdrawal of one, more or all of the rights to receive visits, to receive and send correspondence *), for the period to which they are entitled;
  

c) isolation of simple, up to 15 days;
  

d) severe isolation, until 10 days ago, but with the opinion of the prison doctor;
  

e) transfer for a period of 3 to 12 months for the execution of criminal sentences at a prison where a restrictive regime.
  

The measures referred to in points. a to d shall be taken by the Commander of the prison. Severe isolation may be prolonged, with medical advice site ownership, over 10 days, only with the approval of the Director-general of the General Direction of penitentiaries, without exceeding a total of 20 days. Transfer to a prison with the restrictive regime of the Director-general of the General Direction of penitentiaries, upon the proposal of the master.
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*) Art. 16 of the EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003 States: "the provisions relating to the right of petitioning and the right to correspondence from the law. 23/1969 on the execution of punishments, republished in the Official Gazette, part I, no. 62 from May 2, 1973, as amended and supplemented, it repealed. "


Article 22 Against persons convicted minors can't get the measure of the right to withdrawal * correspondence), severe isolation and transfer to a prison with restrictive regime, and the simple isolation measure cannot be taken for a period exceeding 10 days.
Pregnant women are not allowed to apply the measures referred to in article 1. 21 lit. c, d and e. — — — — — — — — — — — — — — *) Art. 16 of the EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003 States: "the provisions relating to the right of petitioning and the right to correspondence from the law. 23/1969 on the execution of punishments, republished in the Official Gazette, part I, no. 62 from May 2, 1973, as amended and supplemented, it repealed. "


Article 23 persons convicted of giving evidence, are thorough straightening disciplined, conscientious work, meet or exceed in regular production standards, or whose proposals for inventions, innovations and rationalizations are embraced by the competent organs, may be granted by the prison Commander the following rewards: a) to supplement the rights packages, visits and correspondence);
  

b) construction of a disciplinary action taken previously.
  

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*) Art. 16 of the EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003 States: "the provisions relating to the right of petitioning and the right to correspondence from the law. 23/1969 on the execution of punishments, republished in the Official Gazette, part I, no. 62 from May 2, 1973, as amended and supplemented, it repealed. "


Article 23 ^ 1 in exceptional circumstances, the Minister of administration and Interior, at the proposal of the master invoire from prison may be granted for a period not exceeding 5 days which meet the conditions of persons convicted under article 3. 23, for resolving serious situations, or any other kind of family.


Article 24 of the Commission proposal for conditional release may propose for reprieve on inmates who meet the conditions laid down in article 23. 23, as well as those who find themselves in one of the following situations: a) saved times have put at risk their lives to save people or goods from Socialist property fires, floods or other disasters;
  

b) have developed scientific papers, recognised by the competent authorities and which, through their application in practice, contribute to the development of the national economy or science;
  

c) brought a significant contribution to the work of rehabilitation of other convicted;
  

d) have prevented or hostile actions on several occasions from our escapes, convicted attacks on security personnel or other such facts.
  


Section VI conditional Liberation Article 25 Inmates who are staruitori in the job, disciplined and give good evidence of straightening, and inmates who weren't never use working times are no longer used, but give good evidence of discipline and straightening, due account and their criminal history can be conditioned before liberati in full sentence under the terms of art. 59 and 60 of the criminal code.
To determine the part of the punishment which can be considered as work performed on the basis of the account of minority status and the percentages of completion of work.
For the purpose of granting conditional liberarii you account and work performed during preventive arrest.


Article 26 the punishment which may be considered as executed on the basis of work done, for the purpose of granting conditional liberarii, is calculated as follows: a) for exceeding the norm with up to 5%, 6 days time you are executed for 5 days; to overcome rule by more than 5% to 10%, 5 days time you are executed for four days; to overcome the rule with more than 10%, 4 days time you are executed for 3 days;
  

b) in the case of persons convicted of minor offences, in order to achieve 80-90% of the norm, 4 days time you are executed for 3 days; in order to achieve over 90% to 100% of the norm, 3 days time you are executed for 2 days; to overcome the rule, 2 days for a working day executed;
  


c) for productive work that cannot rule, 6 days time you are executed for 5 days, and in the case of persons convicted minors, 4 days time you are executed for 3 days;
  

d) for household chores and required a permanent prison, as well as for the supervision of other convicted, 5 days time you are executed for four days, and in the case of persons convicted minors, 3 days time you are executed for 2 days;
  

e) for inmates who have developed scientific papers, or whose proposals for inventions, innovations and rationalizations have been embraced by the competent bodies, or who have other special activities held 3 days carried out for 2 days during the time you are affected, these activities.
  


Article 27 the purposes pursued by the liberarii function every prison a Commission proposal.
The Commission consists of a President and four members.
The Chairman is the Prosecutor delegate of the County Prosecutor's Office in whose area the prison stood.
The Commander of the prison is a member of the Law Commission. The other members are to be announced by the master, of all staff who deal with subordinate functions laid down in the regulation. The Commission has a Secretary who is the boss of persons convicted.


Article 28 the Commission laid down in article 21. 27 examines the situation of each convicted, to ascertain whether the conditions are fulfilled. 59 and 60 of the criminal code, intocmind a report in which it records the behavior mode of the detainee in prison and at the workplace, data on work performed and, when appropriate, the proposal for parole.
A Protocol by which it is established that the requirements are met for conditional release shall be handed to the Court in whose area the prison is located, for the purposes of applying the provisions of art. 450 of the code of criminal procedure.
Where the Commission finds that meets the conditions not condemned for being released, fixes a time limit for the review of its situation, which cannot be longer than one year. However, in view of putting the detainee can apply directly to the Court.
When the sentenced person is addressed directly to the court claim conditional release, along with the application and send the minutes of the Commission's proposals.


Section VII to Guard access to places and persons convicted of ownership Article 29 outside the Prison Guard, supervision and escorting of persons convicted to make personnel specifically trained, taking into account 6-retention of measures for persons convicted of theft at the execution of the prison sentence.


Article 30 supervisory duties, have access to the places of ownership and working President of the Court of first instance or the judge delegated by him according to the law and to the competent prosecutor. They also have access to delegates with control bodies and persons authorized by the Minister in whose subordination are places of ownership.


Chapter 1 ^ 1 execution of punishment in the workplace — — — — — — — — — — — —-head. 1 ^ 1 was amended by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 1 is executed Punishment in the workplace in the SGS or operator-where convict they operate from the date of application of the death penalty, if it has given its consent, pursuant to the mandate of enforcement on the basis of a court decision issued definitive sentencing. During the execution of the punishment, the employment contract is suspended.
Where the decision of condemnation was ordered as punishment to be executed in a different drive than the one in which condemned their conduct activities on the application of the death penalty, signed contract of employment ceases. The death penalty is executed in accordance with the mandate of enforcing the death penalty, without having to conclude a contract of employment.
The provisions of paragraph 1. 2 apply properly and when the condemned do not conduct business at the date of application of the death penalty.
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Art. 30 ^ 1 was amended by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 2 Repealed.
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Art. 30 ^ 2 has been modified by law nr. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 3 Repealed.
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Art. 30 ^ 3 has been repealed by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 4 of the 30 ^ properly convict, according to legal norms, for the work done, 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% net revenue share between 8.001-10,000 lei;
  

(c) 35% for the part) of the net income of between 11-12,000-lei;
  

d) 40% for the portion of the net income exceeding 12,000 lei.
  

If the convict is a minor, the odds are reduced by half.
In the case of persons convicted by the law who, dependent persons, referred to. a), b), c) and (d)) shall be reduced to 15%, 20%, 30% and 35%, respectively.
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Art. 30 ^ 4 has been modified by law nr. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 5 Convict is obliged to submit to the unit where to execute punishment follows within five days after receiving the mandate.
The convict is obliged to properly fulfill all duties he has to work with what the rights according to the law, with the limitations laid down in article 23. 86 ^ 8 of the penal code.
Work cannot be exchanged at the request of the sentenced person, than by the decision of the Court.
The convict must also abide by the measures of surveillance and oblibaţiile set by the Court under art. 86 ^ 8 para. 3 of the penal code.
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Art. 30 ^ 5 amended by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 6 the unit shall notify the Court of execution date of presentation of the convict and keep track of the time as well as it's missing from the workplace in order to ensure full execution of the death penalty.
The leadership of the Unit provide convict labor conditions in order for it to be able to accomplish what the oblibaţiile and means, when appropriate, a team which will oversee the conduct of the sentenced person, leaning on him for the purposes of his indreptarii.
The unit cannot loosen the terms of employment of the sentenced person during the execution of the death penalty in the workplace, except for revocation and annulment of penalty execution in the workplace.
If during the implementation of the execution of the judgement of conviction or execution occur during situations that, independent of the will of the detainee or the unit require changing workplace, the judge informs on execution of the delegate.
Receiving notification, the judge delegate execution check the grounds and, where appropriate, take enforcement measures or further execution times to inform the Court.
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Art. 30 ^ 6 amended by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 7 If you have a cause for revocation or cancellation of execution of punishment in the workplace, the establishment or, where appropriate, the police, the Prosecutor shall immediately inform the times condemned the Court jurisdiction under art. ^ 1 447 of the code of criminal procedure.
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Art. 30 ^ 7 amended by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Article 30 ^ 8 on expiry of sentence, releases convict a certificate of execution of the sentence and the court notifies the execution and local police body.
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Art. 30 ^ 8 was amended by law No. 104 of 22 September 1992, published in MONITORUL OFICIAL nr. 244 of 1 October 1992.


Chapter 2 execution of death penalty URAbrogat.*) — — — — — — — — — — — — —-head. 2 was repealed by Decree-Law No. 6 of 7 January 1990 published in MONITORUL OFICIAL nr. 4 of 8 January 1990.


Article 31 URAbrogat.*) — — — — — — — — — — — — — — Art. 31 was repealed by Decree-Law No. 6 of 7 January 1990 published in MONITORUL OFICIAL nr. 4 of 8 January 1990.


Article 32 URAbrogat.*) — — — — — — — — — — — — — — Art. 32 was repealed by Decree-Law No. 6 of 7 January 1990 published in MONITORUL OFICIAL nr. 4 of 8 January 1990.
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*) Art. 4 of Decree-Law No. 6 of 7 January 1990 published in MONITORUL OFICIAL nr. 4 of 8 January 1990 mentions: "repeal art. 54, 55, 120 para. 4 and 130 of the criminal code, as well as the provisions relating to the execution of the death penalty of the law nr. 23/69 and of regulation approved by Council of Ministers Decision No. 2282/1969. "


Chapter 3 Execution of the fine Article 33 of the criminal fine Enforcement in the case of non-payment for the full term thereof, or to a rate when payment of the fine has been ranging is done by: a) detention and flowing to the State budget of a third of net income made by the convicted person for the work done by the pension; the amounts intended to cover other debts that you would convict is calculated in the proportions laid down in the law over the other two-thirds of net income;
  

b) enforced goods tracking, detainee according to the legal provisions governing the enforcement of claims.
  

In the case referred to in subparagraph (a). the fine is executed by the unit that makes the payment of the salary or other income from work or by the organ that has the payment of his pension.

In the case referred to in subparagraph (a). (b) a fine run by the agents of the Executive Committee of the Council of the locality in which jurisdiction the convict.


Article 34 Organs provided for in art. 33 para. 2 and 3 are obliged to communicate to the Court, the date of payment of the fine integral, its execution.
The same bodies are obliged to notify the Court of any circumstances that prevent the execution.


Chapter 4 Enforcement penalties Article 35 extra Executive Committee of the Council of the administrative-territorial unit in which the sentenced person is domiciled, receiving a copy of the judgement by which the device has been applied to the prohibition of "complimentary" punishment of one of the rights referred to in art. 64 lit. a, d and e of the penal code, will bring it to the attention of the competent authorities, to take.


Article 36 any organ called upon to perform an act that involves for the interested person of one of the rights referred to in art. 64 of the penal code will require that person to give a statement that he has not suffered any condemnation by which he was forbidden to exercise that right.
Body referred to in the preceding paragraph, if he/she deems it necessary, it shall request information from the institution that keeps track of convicted persons.


Article 37 the penalty "complimentary" military degradation is performed according to special legal provisions.


Article 38 enforcement of the penalty of confiscation of property of complementary is done according to the legal provisions governing the enforcement of confiscation and State claims.


Chapter 5 Enforcement measure of preventive arrest Article 39 the measure of preventive arrest is executed in prisons or in specific places established by order, as appropriate, to the Minister of national defence, Minister of administration and Interior or the Attorney general.
The Ministry of National Defense will provide jobs for soldiers arrested preventive maintenance, research bodies. 208 lit. a and b of the code of criminal procedure.
Those arrested will be detained preventively separately from convicted.
Women holding is made pursuant to article. 3 paragraphs 1 and 2. 2 of this law.
Holding of minors is done separately from the increases.
At the request of the criminal, in the same cause of preventive arestatii are kept separately to each others.
Guarding and surveillance of detainees in places of preventive maintenance established by order of the Attorney-general shall be made with the specialized personnel.


Article 40 (1) Repealed.
  

(2) Repealed.
  

(3) preventive Arestatii can be used to work only when consent to this and with the opinion of the physician holding the place, except for working with vases made by character rotation, for which consent is not required. Those who are still undergoing criminal prosecution can be used at work, in the same conditions, only the body.
  

(4) Detainees in course of criminal prosecution or courts will wear personal clothing. For good reasons, they will have to wear the costume place of ownership.
  

— — — — — — — — — — — —-. (1) and (2) of article 3. 40 were repealed by EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003.


Article 41 provisions of art. 2-4, 6-9, 11-23, 26, 29, 30, 42 and 43 shall apply accordingly.


Chapter 6 transitional and final Provisions Article special 42 in case of death of a condemned person, things, acts and its money within a prison and join the family. If these goods have not been reported within one year after informing the family or, if you do not know any member of the family, after the fulfillment of one year after the death, in State ownership.


Article 43 the necessary documents for the establishment of a law, which States that he was born in connection with the execution of the prison sentence, are issued by the place of the competent organs of ownership only to establish the existence or non existence of this right.


Article 44 Repealed.
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Art. 44 was repealed by EMERGENCY ORDINANCE nr. 56 of 25 June 2003 published in Official Gazette No. 457 of 27 June 2003.


Article 45 the Minister of national defence will issue instructions regarding the execution of the prison sentence in military disciplinary units, according to the provisions of article 3. 62 of the penal code and the provisions of this law are applied properly to the specific requirements of these units, as well as on how the enforcement of preventive arrest by the soldiers under investigation for criminal research bodies. 208 lit. a and b of the code of criminal procedure.


Article 46 For time from January 1, 1969 until the entry into force of the present law, inmates who performs punishments up to 5 years ' imprisonment will receive a share of 5% of the remuneration of work performed, and those who run the biggest punishment of 5 years will receive a share of 3%.


Article 47 For the previous period coming into force of this Act, the calculation of the part of the punishment which can be considered as executed on the basis of work done, for the purpose of applying Articles 81 and 82. 59 and 60 of the criminal code, is made according to the provisions of Decree No. 720/1956.


Article 48 the present law shall enter into force on 1 January 1970. On the same date the Decree nr. 104/1951 to regulate the execution of the military disciplinary units within some custodial sentences, Decree nr. 720/1956 regulating the implementation freedom ahead of schedule, based on the work done and good comportari, published in Official Gazette No. 2 of 16 January 1957, Decree nr. 126/1958 concerning some sentenced to terms of imprisonment, the Decree nr. 500/1958, approving the regulation on enforcement of the Court which pronounced the death penalty, as well as Decree No. 292/1961 concerning the determination and recovery of material damage produced by the Ministry of Internal Affairs of prisoners of ownership, shall be repealed.
Note: according to art. II of law No. 8/1973, serving fine handed down through a final resolution on the previous entry remaining in force of this law shall be carried out according to the provisions applicable on the date of the judgement pronuntarii.
— — — — — — — — — — — — — — see EMERGENCY ORDINANCE nr. 64 of 28 June 2003 published in Official Gazette No. 464 of 29 June 2003.
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