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Law No. 42 Of 13 June 1991 On Modification And Completion Of The Law Nr. 12/1990 On The Protection Of The Population Against Illicit Commercial Activities

Original Language Title:  LEGE nr. 42 din 13 iunie 1991 pentru modificarea şi completarea Legii nr. 12/1990 privind protejarea populaţiei împotriva unor activităţi comerciale ilicite

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LEGE No. 42 of 13 June 1991 to amend and supplement Law no. 12/1990 on the protection of the public against illicit trade
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 129 of 17 June 1991



The Romanian Parliament adopts this law + Article 1 Law no. 12/1990 on the protection of the population against illicit commercial activities, published in the Official Gazette no. 97 of 08 August 1990, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" ART. 1. -They constitute illicit commercial activities and attract contravention or criminal liability, as the case may be, to those who have enjoyed them, the following facts: a) carrying out acts or acts of trade of the nature of those provided for in the Commercial Code or in other laws, without fulfilling the conditions established by law; b) the ambulance sale of any goods in places other than those authorized by the mayors or prefectures; c) the conditioning of the sale of goods for the purchase of goods; d) the exposure for sale or sale of goods or any other products without specifying the term of validity or with the expired term of validity; e) carrying out acts or acts of trade in goods whose provenance cannot be proved, under the law; f) non-declaration by economic agents to the tax authorities, before the application, of the commercial and commission additions; g) the purchase of goods or products for the purpose of resale, from retail establishments, food establishments, canteens, tourism establishments and other similar establishments; h) omission of the preparation and display, in the establishment, at the places of sale or service, by the economic agents of prices and tariffs, of the quality category of products or services or, where applicable, of the list of prices and tariffs; i) refusal of the supplier to conclude the contract for the delivery of products necessary for the consumption of the population, established by Government decisions and distributed on the basis of balance j) delivery or purchase, without distribution, of the products referred to in lett. i), at the expense of the distribution holders; k) non-exposure to sale of existing goods, preferential sale, unjustified refusal of their sale or provision of services covered by the activity of the economic agent; l) accumulation of goods from the internal market for the purpose of creating a deficit on the market and their subsequent resale or suppression of fair competition; m) overtaking, by economic agents with majority state capital, the maximum levels of wholesale prices or tariffs established by Government decisions; n) the exceeding by any economic agent of the maximum additions established by Government decisions, at the formation of retail prices, regardless of the number of links through which the goods circulate, and the exceeding of the commercial the commission established and declared by the economic agents to the tax authorities; o) sale with lack at the quintar or measurement; p) falsification or substitution of goods or any other products, as well as the exposure to sale or sale of such goods, knowing that they are falsified or substituted ". 2. Article 2 shall read as follows: "" ART. 2-The facts provided in art. 1 lit. a)-k), if they have not been enjoyed in such conditions that they are considered, according to the criminal law, crimes and are sanctioned as follows: a) the facts of the letter. d) and h), with contravention imprisonment from 15 days to 2 months or fine from 10,000 lei to 20,000 lei; b) the facts of the letter. c) and f), with contravention imprisonment from one month to 3 months or fine from 15,000 lei to 30,000 lei; c) the facts of the letter. a), b), e), g), i), j) and k), with contravention imprisonment from 3 months to 6 months or fine from 30,000 lei to 60,000 lei. Penalties provided for in paragraph 1 shall also apply to persons from autonomous regions, companies and other economic agents, who, through their activity, participated in any way to the enjoyment of the facts constituting the contraventions, according to the present law. Fines can also be imposed on legal entities, and minimum and maximum limits double. The contraventions provided by this law are found by the commercial control bodies of the prefectures and municipal and city halls, the powers of the communal mayoralties, the financial guard bodies, the financial control bodies and the police. " 3. After Article 2, Articles 2 ^ 1 and 2 ^ 2 are inserted, with the following contents: "" ART. 2 ^ 1-If the finding agent considers that the penalty of the fine is indestulatory, it applies the fine proceeding according to the provisions of Law no. 32/1968 32/1968. Otherwise, the minutes of finding shall be sent immediately to the court in whose territorial area the contravention was enjoyed. The president of the judge sets the emergency deadline, with the citation of the offender. The trial panel is made up of one judge. The judge rules on the legality and merits of the minutes and, as the case may be, applies the sanction and takes the measure of confiscation or cancels the minutes. The offender may request the reexamination of the case within 24 hours of the ruling, whether it was present at the debates, or from the communication, if it was missing. The prosecutor may request a review of the case within 24 hours of the ruling. The request for review shall be resolved, as a matter of urgency, in a panel of 2 Judges The decision given in the request for review shall be final. The prosecution's participation is mandatory. Article 2 ^ 2-If the offender has not paid in bad faith the fine within 30 days of the final stay of the sanction, the body to which the ascertaining agent belongs will refer the matter to the court within which it was enjoyed. contravention, in order to transform the fine into contravention imprisonment, taking into account the part of the fine that was paid. At the first court term, the court may grant the offender, at his request, a 30-day deadline for the full payment of the fine. If the offender did not pay the fine within the period provided in par. 2, the court proceeds to turn the fine into contravention imprisonment. Art. 2 ^ 1 para. 3 3, 4 and 6-10 shall apply accordingly. The execution of the sanction of the contravention prison shall be prescribed within 1 year from the date of the final stay of the decision. " 4. Article 3 shall read as follows: "" ART. 3. -The facts provided in art. 1 lit. l)-p) constitute crimes and are punishable by imprisonment from 6 months to 3 years, if by criminal law no higher punishment is provided. Sentencing decisions on traders shall be communicated to the commercial register. " 5. Article 4 shall read as follows: "" ART. 4. -The goods or products that served or were intended to serve to the enjoyment of any of the facts provided by art. 1 lit. a), b), d), e), g) and j), if they are of the offender or of the economic agent, as well as the amounts of money and things acquired, manifestly, by the enjoyment of the contravention are confiscated and capitalized under the law, their consideration being made came to the state central government budget. Benefits obtained illicitly by natural or legal persons from the activities provided by art. 1, as well as the proceeds entirely from the sale of goods whose provenance cannot be proven, shall be taken as income to the budget of the central state administration in the form of a 100 percent tax. " 6. Article 5 shall read as follows: "" ART. 5. -The crimes of bribery, influence peddling and receipt of undue benefits, committed by the ascertaining agents, the prosecution or trial bodies of the facts constituting the contraventions or crimes provided by this law, shall be punish in accordance with the provisions of art. 254, 256 and 257 of the Criminal Code, whose minimum and maximum are increased by 2 years. " 7. Article 6 shall read as follows: "" ART. 6.-The provisions of this Law are supplemented by the provisions of Law no. 32/1968 on the establishment and sanctioning of contraventions, the Criminal Code and the Code of Criminal Procedure. The offences provided by art. 3 3 shall be followed and judged after the emergency procedure provided for in flagrant offences. ' 8. After Article 6, Article 6 ^ 1 is inserted, with the following contents: "" ART. 6 6 ^ 1. -The application of the sanctions provided by this law does not remove the disciplinary liability of the perpetrators. + Article 2 Law no. 12/1990 on the protection of the population against illicit commercial activities, with the amendments and completions brought by this law, will be republished, giving the articles a new numbering. The Senate passed this law at its meeting on June 11, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU The Assembly of Deputies adopted this law at its meeting on 11 June 1991. PRESIDENT OF THE ASSEMBLY MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Parliament and of the President of Romania, promulgation of the Law Law no. 12/1990 on the protection of the population against illicit commercial activities and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU ----------------------------------