Law No. 18 of 24 June 1968 (republished) concerning the provenance of goods control individuals, which have not been lawfully acquired by way of ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 33 of 10 May 1983 National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 the acquisition of goods by means other than legitimate character constitutes a breach of the principles of Socialist ethics and equity and is prohibited.
Assets acquired in contravention of the provisions of the preceding paragraph or, where appropriate, monetary value will be passed into State property under the present law.
In article 2, may be inspected under this law, the origin of goods to any individuals, or if the clues are that there is a manifest disproportie between the value of the property and its revenue and does not justify the acquisition bid.
Through the provenance of goods justification shall mean the obligation of the person in the case to prove the character of the lawful means used for the acquisition or increase of the goods.
Control concerns assets acquired over the last 15 years before the date on which both the existing assets of the person concerned, and those disposed of for a consideration or free of charge. If you are clear evidence that the goods have been acquired prior to such periods have illicit provenance, the control will be extended.
To justify the provenance of the goods will be taken into account all income obtained from productive activities useful to society, as well as those acquired through legal acts. In the case of income for which no taxes were paid or incurred in legal fees, will be aimed at establishing financial bodies and their payment within the prescribed period of limitation.
Chapter 2 article 3 referral Mode Control the provenance of the goods provided for in chapter I shall be: (a)) under the intimations, though are written and signed by, any person or organization of Socialist leadership under which the person concerned has performed or performs any task, regardless of its nature;
b) at the request the person to whom it was brought public imputari in relation to the origin of the goods;
c) referrals made by the management of the financial bodies, prosecution or courts if they hold data resulting from their work, about the disparity between the manifest and incomes. Where the appeal body is incomplete, which made an obligation, within 30 days of the request of the Commission, to fill with all the data that this organ.
If the person is married, the control will be done and the common goods, he is expanding upon the other spouse with respect to this category of goods.
The Socialist leadership of units, the prosecution and the courts, is required to have an active role, taking measures for knowledge and referral of all cases where there is a manifest disproportie between the value of goods and incomes.
Chapter 3 research article 4 Commission Verifying the information and requests referred to in article 1. 3 to make a Research Committee, which operates under the auspices of each court and consists of:-a judge at the Court, appointed by the President of the Tribunal, as President;
a Prosecutor from the local prosecutor's Office, appointed by the Chief Prosecutor of the County Prosecutor's Office, a delegate appointed by the Director of the County's financial administration, a delegate of the County militia, a member of the municipal Council, city folk or communal times sector of Bucharest, and 4 workers working directly in the production units of the swiftest of the Court, elected by the General Assemblies of the people working in those units as members.
The President and members of the Commission are appointed or elected, as the case may, for a period of 2 years, taking account of the training and experience of their lives.
The Commission has a Secretary, appointed by the President of the court registrars of such instances.
Article 5 where referral is made according to art. 3 (a). the Commission will not) begin research prior to being called the man who signed the appeal to ask the necessary relationships of cause, and put them in the light of the provisions of article 9(3). 31 of this Act, relating to the consequences of mendacious allegations.
Socialist units, with the exception of savings and House units Consemnaţiuni, are obliged to make available to the Commission of acts that are required and to give the necessary relationships, within 15 days, albeit through specific provisions otherwise. Staff Socialist units against the fault which were not communicated to the acts and relationships within that period, the Commission or the Court will be able to apply, by concluding an enforceable civil fine, up to 500 lei fine which will be able to be lifted for good reasons.
If the resulting data or indices as between the value of goods and legitimate income of the person concerned, there is a manifest disproportie, the Commission has its inventorying, a boy who gave the quote and a time limit for the submission of declaration with respect to all the goods referred to in article 1. 2 and the justification of their provenance.
Provenance of the goods of the person who refuses to give the declaration shown in the previous paragraph, as well as goods that have been omitted from this statement, it is considered to be unjustified until proof to the contrary.
Article 6 acts and proceedings of the Commission are not public.
The person concerned may take knowledge of the acts and proceedings of the dossier.
The Commission cites any person who could give useful relations to untangle the goods provenance.
Those who have inspected in the period got supplies from the person in question will be mandatory.
The persons referred to in paragraph 1. 3 and 4 which, in unjustifiably fails to appear in front of the Commission, or refuses to give what you need required it is sanctioned with a fine of from 200 to judicial 1,000 lei.
Article 7 the Commission may of its own motion and perform local investigations or making some technical expertise or accounting for explanation of the case.
Surveys shall be carried out by experts from the local Bureau for expertise from the County Court or, if necessary, from the local Bureau for expertise from another county.
The failure of the expertise report within the time limit fixed by the Commission, without reasonable grounds, shall be sanctioned by a fine, under art. 6. In article 8 the Commission shall order measures to prohibit the disposal of goods to the person concerned and the persons with whom he lives and gospodareste, until clarification of the person sought.
The Commission also will have measures to ban the sale of the goods which that person cause it has transmitted, free of charge, after the entry into force of this law.
The measures provided for in paragraph 1. 1 and 2 shall cease on the date of the coming into legal force of the conclusion of a definitive ranking.
In the event that the Commission decides on sending the case to the District Court, will establish the seizure of property insurer provided for in paragraph 1. 1 and 2.
Article 9 the Commission shall adopt, not later than 45 days, by reasoned conclusion by majority vote: the case for settling) the reference of the Court within which is located the person's domicile in case if finds that such property is the origin, and their value is more than 50,000 lei;
b) closing of when that origin of goods is justified, not met the conditions laid down in (a). a);
c) research and sending the case to suspend the jurisdiction of prosecution, if in connection with goods whose origin is overkill resulting committing a crime.
Conclusion grading shall be communicated to the person concerned, that made the referral, the Chief Prosecutor of the local prosecutor's Office and financial administration, within 10 days of the pronouncement.
Chapter 4 the Court Article 10 the President of the Court, receiving the dossier, fixed term of court in particular has citations to all parties that have been matched to the research. Financial administration is always quoted in the process and has the obligation to make all the efforts to defend the interests of the State. This Prosecutor is compulsory.
The judge and Prosecutor who was part of the Research Commission may not take part in the judgment.
Panel of judges consists of 2 judges and 3 workers that operate directly in the production units of the swiftest, elected on the Court for two years by the General Assemblies of the people working in those units.
Article 11, if the Court finds that the provenance of goods namely determined or a shares of a good is not warranted, will decide whether the State-owned property or share, either the payment of a sum of money equal to the value of their purchase.
In the case of buildings and cars whose value of purchase is less than the one found at much overkill or is equal to this Court will decide their passage into State ownership.
The State property is made at the amount fixed by the Court, on the basis of expertise. If the value of expertise is greater than the value of the purchase, it will do the latter.
The court proceedings are not restricted to goods and values referred to in the Act of notification.
If in connection with goods whose origin is overkill resulting committing a crime, the Court shall send the file to the drive power of the prosecution, to see where to put in motion criminal proceedings.
District Court, if found justified, goods origin decides on closing the dossier.
Chapter 5 and remedies Against Article 12 conclusion of the Commission's research rank may appeal within 15 days of the notification, the local prosecutor's Office, the financial administration and the person who made the referral.
The appeal of a Committee deciding that works along with every county courthouse and consists of:-Vice-President of the County Courthouse, as President;
a judge at the County Court, appointed by the President of this Court, the Chief Prosecutor of the County Prosecutor's Office, Deputy Director of the County's financial administration or its replacement, a member of the County Council, as well as popular 4 workers working directly in production units the swiftest of the County Court, elected on for 2 years by the General Assemblies of the people working in those units as members.
The Commission has a Secretary, appointed by the President of the Tribunal of the County Clerks of such instances.
Article 13 if the discharges final ranking, along with will County Court may, not later than one year after the final date of their coming into legal force, on the basis of a new complaint consisting of elements that were not envisaged at the first research, resuming research by the article. 4. Where were discovered subsequently, goods or other materials that were stolen, in bad times-faith person researched, where a person who has taken part in research has been definitively convicted for an offence in connection with the case, and if the ranking were conclusion gave false based on an entered the Commission advising the County Court shall order, on the basis of a new complaint or ex officio, within a period of one year from the date of the discovery of these situations, the resumption of the Commission referred to in article 1. 4. the provisions of the preceding paragraph are applicable in cases in which a final court decision. In these cases, the Court will again meet with the cause in which he gave the final decision and will decide a new decision, in relation to all the goods or goods of the person investigated, desfiintand previous decision.
Article 14 the Court rulings against the Chief Prosecutor, local attorney, financial administration, the person who made the referral, the person whose goods have been checked and, where appropriate, the Commission advising the Court specified in article 13. 4 times the Commission advising the County Court shown at art. 12, may appeal within 15 days of receipt, at the county courthouse.
Panel of judges is composed of 3 judges and 2 workers that operate directly in production units the swiftest of the County Court, elected on for 2 years by the General Assemblies of the people working in those units.
Chapter 6 special procedure Article 15 if the person whose goods would be subject to control by the Commission, is an official research will consist of:-2 judges from the Supreme Court, appointed by the President of the Court, one of which as President;
a Prosecutor from the General Prosecutor's Office, a delegate of the Superior Court of financial Control, a delegate of the Ministry of finance, two members of the National Assembly, and 4 workers working directly in production in Socialist units elected by the General Assemblies of the working people of those units, as members.
The President and members of the Commission are appointed or elected, as the case may, for a period of 2 years.
Secretary of the Commission is a consultant, appointed by the President of the Supreme Tribunal of the consultants of this Court.
Article 16 the Commission laid down in article 21. 15 may proceed to verify the referral or application concerning a dignitary, with approval of the State Council.
Article 17 the causes referred to in art. 15 Supreme Court is judge of the civil section in completely composed of 3 judges and 4 workers working directly in production in Socialist elected on units for 2 years by the General Assemblies of the people working in those units. The appeal is the judge completely composed of 5 judges to 4 National Assembly deputies from among workers, appointed by the legislature during the term of Office of the Grand National Assembly.
An appeal can be made within the time limit provided for in art. 12, the Attorney general, the Ministry of finance, the person who made the referral and the person whose goods have been checked, as well as of the Commission of the Supreme Court under article 9. 15. In article 18 the Commission research and judoecata Court, provided for in this chapter, shall proceed according to the provisions of art. 5 to 11 inclusive, whose provisions shall apply accordingly.
Chapter 7 guidance and control Article 19 the guidance and control unit on the republican plan concerning the work of the research committees, financial bodies, Prosecutor's Office, militia, justice and Socialist units, senior managers in the application of this law, shall be carried out by a Commission, headed by the President of the Central Council of workers ' Control of economic and Social Activity that will make your party Interior Minister the Minister of Justice, Attorney general of the Socialist Republic of Romania, the President of the Supreme Court, first Deputy Speaker of the upper Court of financial Control and a Deputy Finance Minister.
Central Committee may require from any organ of State or public notices in connection with the work carried out pursuant to the present law and organizes its execution control territory.
Central Committee shall submit annually reports the Communist Party Central Committee and the State Council regarding the implementation of the provisions of the law.
Article 20 For the guidance and control unit of the county level on the work of the research committees, financial bodies, Prosecutor's Office, militia, justice and Socialist units, senior managers in the application of this Act, a county public works Commission, headed by the President of the County Council of workers ' control of economic and social activity, the President of the Tribunal is part of the County, the County's Chief Prosecutor the head of the County militia and territorial chief financial inspection Ministry of finance.
The County may request information from any public or Government organ from territory of the County in connection with the work carried out pursuant to the present law and organizes its execution control County territory.
The County shall submit quarterly reports to the Commission and the County party bodies with regard to the implementation of the provisions of the law.
Chapter 8 final provisions Article 21 Device final judgements shall be communicated to financial administration where it was willing to State ownership of certain goods, shall be notified of the decision and the Executive Committee (Bureau) of the Council of the people's commune, municipality or city of Bucharest sector in whose territorial RADIUS immoveables are situated or, in respect of movable property in whose territory the person concerned is domiciled.
Goods, under art. 11 in State ownership shall be submitted by the bailiff, delegate to the Executive Committee (Bureau) referred to in the preceding paragraph. The bailiff will communicate the financial administration a copy of the minutes of teaching.
Enforcement of debts created under this law shall be effected by the financial organs in accordance with legal provisions relating to enforcement against individuals on payment of taxes and fees not paid within monetary claims and Socialist units.
If the value of the property taken pursuant to paragraph 1. 2 do not cover the total value of the goods in full set that were not acquired in the legitimate way, the difference will be achieved through enforcement, under the preceding paragraph.
Financial organs will keep track of the total value of the goods determined that they were not dabandite in the way assets and flows with which they have been communicated for execution. These bodies shall take measures for immediate and complete tracking of debt and will report to the Finance Ministry periodically about their collection and the acquisition of goods, according to art. 11 in State ownership.
Article 22 Procedure research and adjudication of the provenance of the goods commenced against a person continues against the heirs.
Research can be turned on and directly against the heirs, but only within a period of 3 years from the date of opening of the succession.
The heirs are responsible only to the extent of the value of assets acquired through inheritance.
Until final resolution of the case, the Court may order the unavailability of the goods for which this measure has not been taken pursuant to article 8. Article 24 If, in connection with the execution, it is noticed in the case of insolvency of the person, financial administration, in order to achieve the established flow, may be required in legal proceedings to establish that the acts by which it alienated property for valuable consideration times free are simulated.
Also, financial administration will be able to ask for the abolition of laws, through which the person concerned has alienated assets, free of charge, in State's rights discourages fraud of this law.
Article 25 the provisions of this law are complete with the provisions of the code of civil procedure.
Sample with witnesses cannot be allowed, against its own recognitions the person whose goods are subject to supervision.
In the case of documents, the person whose goods are checked can not do the test with witnesses for setting other than that provided for in the act; also, it cannot do the test with a private signature inscribed beneath for setting other than that provided for in the Act.
If proof of provenance of goods is done through loans, donations, sales or other such acts, will examine the possibilities of materials on which the cause of the claim received sums of money or goods.
Article 26 the person against who has decided, in accordance with the present law, a judgement of final passage in the State ownership of certain goods or requiring the payment of their value will no longer be able to occupy managing positions or financial control.
Record of the persons referred to in the preceding paragraph will be the attire of the organs of the Ministry of Interior on the basis of the communications made by the courts; communications will be made and the Socialist drives which enable those people.
Article 27 Staff with managerial functions, as well as the heads of personnel from compartments Socialist units, or hints that there is a manifest disproportie between the value of the property and income of an individual image provided or provides any activity within those units did not refer the matter to the Commission under article 9. 4, respond to disciplinary action if the Act does not constitute infringement.
Article 28 Amounts necessary to carry out audits ordered ex officio is advancing from a fund put at the disposal of the Ministry of Justice, they suportandu themselves from the Ministry if the ranking of the case.
Article 29 all acts of procedure in this matter are exempt from any stamp duty.
Article 30 Completion of rank Commission or, where appropriate, the decision of the Court by which it is established that the origin of the goods is justified, final, will be published in a newspaper, in the statement, at the request and expense of the person concerned.
Article 31 the deed one who, in the referral provided for in art. 3, make assertions about the provenance lying overkill of assets for individuals, constitutes infringement and is sanctioned with punishment provided for in the penal code for the denunciation of calomnioasă.
Criminal proceedings are put in motion at the complaint of the injured person or prior to referral to the Commission or to the Court.
Article 32 whenever, this law refers to the counties or to bodies that operate on the territory of the County, these references are being made to understand and to Bucharest or, properly, to the bodies that operate on the territory of this municipality.