Law No. 32 Of 16 November 1990 For The Modification And Completion Of Some Provisions Of The Code Of Criminal Procedure

Original Language Title:  LEGEA nr. 32 din 16 noiembrie 1990 pentru modificarea şi completarea unor dispoziţii ale Codului de procedura penală

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Law No. 32 of 16 November 1990 for the modification and completion of some provisions of the criminal procedure code of PARLIAMENT published in ISSUING OFFICIAL GAZETTE nr. 128 of 17 November 1990 the Parliament of Romania adopts this law.
The criminal procedure code changed and completed as follows: 1. Article 5 shall read as follows: "to guarantee the freedom of the person Art. 5.-throughout the criminal process is guaranteed freedom of the person.
No person may be detained or arrested and cannot be subjected to any forms of restringere freedom than in the cases and under the conditions provided by law.
If the one against whom the measure has been taken or a pre-trial detention measure restringere liberty believes that this is illegal, have the right, throughout the trial, to apply to the competent court, in accordance with the law.
Any person against whom an illegally took preventive measure shall be entitled to compensation for the damage suffered, within the conditions prescribed by law.
Throughout the trial, the defendant's criminal pre-trial invinuitul or may request provisional release under judicial control or on bail. "
2. After article 5 shall be inserted in article 5 ^ 1 with the following content: "respect for human dignity article 1. 5 ^ 1. -Any person who is in the course of the prosecution or the Court must be treated with respect for human dignity. Subjecting it to torture or to cruel, inhuman or degrading treatment is punishable by law. "
3. Article 6 shall read as follows: "to guarantee the right of defence Art. 6.-Right of defence is guaranteed to the accused, the accused and the other parties throughout the criminal process.
During the criminal trial, the judicial organs are obliged to ensure full exercise of the parties ' procedural rights under the law and to administer the necessary evidence in defence.
Judicial bodies have an obligation to încunoştiinţeze or on defendant's supposedly about the deed for which it blamed its legal framework and to ensure preparation and defence exercise.
Any party shall have the right to be assisted by a defender throughout the criminal process.
Judicial organs have a duty to încunoştiinţeze on the culprit, blamed or before i get the first statement about the right to be assisted by a defender, consemnindu-is this in the minutes of listening. Under the conditions and in the cases provided by law, the judicial organs are obliged to take measures for providing legal assistance to the accused or defendant if he does not have the Defender. "
4. Article 136 shall be inserted, with a final paragraph reads: "when ordering the preventive arrest of the accused or defendant, Prosecutor or the Court about this încunoştinţează, within 24 hours, a member of the family or another person you designate invinuitul or the defendant, consemnindu-is this in the minutes."
5. After article 140 shall be inserted in article 140 ^ 1 with the following content: "the complaint against the preventive measures taken by Prosecutor Art. 140 ^ 1. -Against the order of preventive arrest or activity requiring not to leave the locality may make complaint to the Court to which it would return its jurisdiction jurisdiction as to the merits.
The complaint together with the dossier of the case will be sent to the Court referred to in paragraph 1. 1, within 24 hours, and the invinuitul or the defendant arrested will be brought to the Court and will be assisted by a defender.
The complaint shall be given in the Council Chamber.
The Court ruled on the same day, by concluding final, of the legality of the measure, after hearing the accused or defendant.
The Prosecutor's participation is mandatory.
When considered as a preventive measure taken was illegal, the Court has revoked the arrest and release of the accused or defendant times, when appropriate, revocation of the compulsory measure not to leave town. "
6. Article 155 shall read as follows: "extending the detention of the defendant by the Prosecutor Art. 155.-duration of detention in custody the accused may be extended if necessary and only motivated.
Extending the detention of the defendant may be ordered by the Chief Prosecutor of the Prosecutor's Office in which the Prosecutor who exercises supervision of the work of research or carrying out criminal prosecution. The extension can be ordered once, with a maximum of 30 days.
When the term of arrest was issued by the Chief Prosecutor of the Prosecutor's Office which is overseeing the criminal research, the extension provided for in the preceding paragraph shall be ordered by the Chief Prosecutor of the hierarchically superior unit.
If the term of arrest was issued by a Prosecutor from the General Prosecutor's Office, the extension referred to in paragraph 1. 2 ordering of hierarchically superior prosecutor. "
158. Article 7 paragraphs 1 and 2 shall read as follows: "If the length of pre-trial detention was extended, the Prosecutor who ordered extension, receiving the proposal drawn up under art. 156, with at least 8 days prior to the expiry of the duration of pre-trial detention, if that is not the case that the defendant be set free, the matter, at least 5 days before the expiration of an extension, the Court to which it would return its jurisdiction jurisdiction as to the merits.
If the extension was ordered by the Prosecutor to the Prosecutor in a hierarchical structure than that corresponding to the competent court to jurisdiction as to the merits, if that is not the case that the defendant be set free, put forward the proposal, within a period of 24 hours, Prosecutor from superior unit, which, if founded, reckons the matter before the Court. "
159. Article 8 shall read as follows: "the procedure for extension of detention by the Court Art. 159.-the Court shall fix the term of notice prior to the expiration of the term of Office.
Panel of judges will be chaired by the President of the Court or a judge designated by him, and the Prosecutor's participation is mandatory.
The dossier of the case will be filed by the Prosecutor at least 2 days ahead of schedule and could be consulted by the defender at his request.
The defendant is brought before the Court and will be assisted by a defender.
In the event that the Court grant the extension, it will not be able to exceed 30 days.
The conclusion which decided upon the prolongation is not subject to appeal. The measure shall be communicated to the administration of the place of detention, which is bound to bring to the attention of the defendant.
The Court may grant extensions, and every other neputind exceed 30 days. The provisions of the preceding paragraphs and article 4. 158 shall apply accordingly. "
9. Article 160 shall read as follows: "in cases with multiple defendants arrested Art. 160.-When the same cause can be found several defendants arrested, for which the duration of the prolongation of arrest expire on different dates, the Chief Prosecutor and, where appropriate, the hierarchically superior prosecutor who referred the matter to the Court under art. 158 for one of the defendants, will refer the matter to the Court and the other defendants. "
10. After article 160 shall be inserted a new section, section V, with the following content: "section V provisional release under judicial control and provisional release on bail provisional release Arrangements Art. 160 ^ 1. -Throughout the trial, pre-trial criminal defendant may request provisional freedom its implementation, under judicial control or on bail.
amp; 1. Provisional release under judicial control release Conditions Art. 160 ^ 2. -Provisional release under judicial control may be granted in the case of offences committed due, as well as intentional offences for which the law provides for punishment by imprisonment not exceeding 7 years.
Provisional release under judicial control shall not be granted where the defendant is there data that recidivist times justify the fear that he will savirsi another offense.
Judicial body requires that the provisional release, the defendant to comply with one or more of the following obligations: a) to not exceed the limit fixed territorial than under conditions set by the judiciary;
  

(b) judicial body) to communicate any change of domicile or residence;
  

c) not go into specific places;
  

d) to undergo criminal investigation body or, where appropriate, to the Court whenever it is called;
  

e) not between certain persons;
  

f) not drive any motor vehicle or motor vehicle;
  

g) not to exercise a profession of that nature which was used in committing the offence.
  

Raising judicial control Art. 160 ^ 3. -Judicial review instituted by the Prosecutor or the Court may be removed at any time, in all or in part, for good reasons.
amp; 2. Provisional release on bail release Conditions Art. 160 ^ 4. -Provisional release on bail may be granted upon request when the ruling is ensured by the offence and penalty has been made by the competent judicial organ established.
During the provisional liberation, the defendant is obliged to submit to the judicial organs and the call to communicate any change of domicile or residence.
Provisional release on bail is not granted in the case of intentional crimes Commission for which the law provides jail more than 7 years or when the defendant is there data that recidivist times justify the fear that he will savirsi another offense.
Fine Art. 160 ^ 5. -Deposit guarantees by the defendant to the obligations incumbent upon them during the liberation.
The amount of the bail payment is from 10,000 to 100,000 lei.
Caution shall be recorded in the name of the defendant and make available to the body which fixed its amount.

The security shall be released when: a) revoke provisional release for the case referred to in article 1. 160 ^; and (b). a);
  

b) to establish, by order of the Prosecutor, and Court by concluding, that there are no grounds for justified measure pre-trial detention;
  

c) ordering removal under prosecution, termination of criminal prosecution, acquittal or cessation of criminal process;
  

d) rule the penalty fine or jail with a conditional suspension of the execution of correctional work;
  

e) ordering the jail sentence.
  

The deposit is not returned in the case referred to in subparagraph (a). e), when the provisional release has been canceled according to the provisions of article 3. 160 ^; and (b). (b) the deposit is made.) come from the State budget to final decision lag.
In the cases referred to in points. b)-e) ordering the cessation of State probation.
Request for probation and the competent body to solve Art. 160 ^ 6. -Application for provisional release may be made in the course of criminal proceedings, as well as during the worldwide judgment, until the completion of the judicial research at first by the Court, the defendant's husband on his close relatives.
The request can be made and where was ordered retrial by the Court of appeal for the administration of new evidence or when it ordered the retrial by a court whose decision was quashed.
The request must contain the name, surname, place of residence and status of the person who makes it, and the mention of knowledge of the provisions of the law concerning the cases of revocation of provisional release.
In the case of provisional release on bail, the application shall include the obligation of submission of caution and knowledge of the provisions of the law concerning cases of nerestituire of the bail payment.
Problem-solving competence demand returns, during criminal proceedings, if necessary, pursuing a criminal prosecutor or Prosecutor exercising supervision of criminal research, and during the worldwide judgment, the appellate court proceedings.
The request filed in the criminal investigation or the administration of the place of detention shall, within 24 hours, the Prosecutor or the competent court, as the cause is in the course of criminal investigation or trial.
The measures prior to the examination of the application Art. 160 ^ 7. -Check whether the Prosecutor or the Court the request of probation shall include the particulars mentioned in article 1. ^ 6 para. 160 3 and 4 and, if necessary, take measures to complete it. When the application is submitted to the Court before the deadline, those obligations shall be incumbent on the President of the Court, who shall give the petitioner and încunoştinţarea about the term of adjudication of the application.
When the request is made by a person other than the defendant, out of those referred to in article 1. ^ 6 para. 160 1, the competent organ to solve if he asks the defendant's request, and endorses the Declaration thereof shall be recorded on the application.
The examination and acceptance of application Art. 160 ^ 8. -The Prosecutor or court shall examine urgently request verificind if conditions are stipulated by law for its admissibility.
In the case of an application for release on bail, if the Prosecutor or the Court finds that the conditions laid down are met, regulations, establishes the amount of the bail payment and încunoştinţează about this person that made the request. After submitting proof of duty of caution, the Prosecutor and the Court adjudicates the request, fixed term for adjudication.
The resolution of the claim by the Court after hearing the accused and its conclusions, and protector of the public prosecutor.
If the conditions are met that are prescribed by law and the request is justified, the Prosecutor or the Court acknowledges the request and has provisional release of the accused.
The resolution of the request is made by the Prosecutor, by order of the Court, and through closing.
The conclusion of the Court is not subject to appeal.
By order of the public prosecutor or the conclusion of the Court, in the case of acceptance of the application for provisional release under judicial control, shall be laid down and the obligations to be complied with by defendant.
Copy of the order or on the conclusion of, or an extract thereof, shall be sent to the administration of the place of detention, and police body in whose territory the defendant resides. Interested persons are încunoştinţează.
The administration of the place of detention shall be bound to take measures for implementation without delay of the defendant.
Rejection of the application of the second subparagraph of article probation. 160 ^ 9. -Where there are conditions provided by law, when the application is unfounded or when it was made by a different person and was not appropriated by the defendant, Prosecutor or court shall reject the application.
Against the order of the Prosecutor's complaint may be made to the Court to which it would return its jurisdiction jurisdiction.
The provisions of article 160 ^ 8 shall apply accordingly.
Revocation of release Art. 160 ^ 10. -Provisional release may be revoked if it is found: a) facts or circumstances which were not known at the time of acceptance of the request for probation and which justify the arrest of the defendant;
  

(b) the defendant does not meet), in bad faith, the obligations incumbent upon him under art. 160 ^ 2 para. 2 and art. 160. ^ 2 zadarniceasca or trying to finding out the truth of the latter commits times again, with intent, an offence for which he is pursued or prosecuted.
  

Revocation of provisional release shall be ordered by the Prosecutor, and by order of the Court by concluding with hearing the accused assisted by Defender. Revocation of ordering and in the absence of the defendant, when he, without reasonable grounds, takes the call.
In the event of revocation of provisional release, Prosecutor or court has the preventive arrest of the accused and issue a new arrest warrant.
The provisions of article 160 ^ 9 para. 2 and 3 are applicable. "
171. Article 11, paragraphs 1 and 2 shall read as follows: "Invinuitul or the defendant shall be entitled to be assisted by a defender throughout the criminal investigation and judicial bodies worldwide judgment, and are obliged to bring to the attention of this right.
Legal assistance is compulsory when invinuitul or the defendant is a minor, military, military reservist with reduced term, focused student of the educational institution, military boarding school in a special reformatory school and the work times when he was arrested, even to another cause. "
12. Article 172 shall read as follows: "rights defender Art. 172.-during the prosecution of the accused or defendant, the Defender shall be entitled to attend any criminal act and may make requests and submit memories. The absence of Defender did not impede the carrying out of the prosecution, if there is evidence that the Defender has been încunoştinţat the date and time of the Act.
When legal assistance is mandatory, criminal investigation body will ensure the presence of the defendant at the hearing protector.
If the defendant or the defendant's Defender is currently carrying out a criminal act, it does mention about it, and the Act is signed by the Defender.
Defendant arrested has the right to take contact with the Defender. By way of exception, when the interest of the prosecution request, the Prosecutor, ex officio or upon the proposal of the criminal investigation, may provide, by Ordinance, prohibiting reasoned decision to contact the defendant arrested with the Defender, once, for a period of not more than 5 days.
Making contact with the Defender cannot be prohibited from extending the detention by the Court, and the presentation of material for the prosecution this is mandatory.
The Defender has the right to be crying, according to art. 275, if its demands were not accepted.
During the worldwide judgment shall be entitled to attend the Defender on the culprit, to exercise procedural rights, and if the defendant is detained, to get in touch with him. "
13. Article 201 shall read as follows: "the prosecution Art. 201.-the prosecution is carried out by public prosecutors and criminal investigation bodies.
Criminal investigation bodies are: the research of) the police;
  

b special research organs).
  

As research organs of police operatives specifically designated workers work from the Interior Ministry. "
14. In article 245, paragraph 1 after the letter d) Insert the letter "e"), with the following content: "e) refund the bail payment in cases stipulated by law."
15. In article 350, after paragraph 6, insert a new paragraph with the following content: "when in the course of criminal prosecution or invinuitul or worldwide judgment, the defendant was convicted on an interim bail, the Court shall order the refund of the amount deposited as bail in cases stipulated by law. The provisions of article 160 ^ 5 para. 5 shall apply accordingly. "
16. Chapter IV of title IV of the special party shall read as follows: "the RULING in the CASE of CONDEMNATION or TAKING a PREVENTIVE MEASURE UNFAIRLY" 17. Article 504 paragraph 2 shall read as follows: "the right to reparation for the damage and the person against whom it was taken a preventive measure, and later, for the reasons referred to in the preceding paragraph, has been removed from under the prosecution or has been paid."
18. the term organ militia or militia of the code of criminal procedure or other special laws shall be replaced by an organ of the police or the police.
This law was adopted by the Assembly of deputies at its meeting on 12 November 1990.
The PRESIDENT of the ASSEMBLY of DEPUTIES this MARTIAN D was adopted by the Senate at its meeting on 12 November 1990.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU

Pursuant to article 1. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on modification and completion of some provisions of the code of criminal procedure and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — —