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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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 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 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 Monitorul Oficial nr. 97 from august 1990, changed and completed as follows: 1. Article 1 shall read as follows: ART. 1. illicit commercial activities Constitute-and attract criminal liability in contravention or, where appropriate, towards those who were illustrious, the following facts: (a)) acts or acts of nature of trade provided for in the commercial code or in other laws, without fulfilling the conditions laid down by law;

b) selling any goods ambulance in places other than those authorised by the town halls or prefectures;

c) conditioning of goods for sale, purchase of goods;

d) displaying for sale or sale of goods or any other products without specifying the validity term of validity expired;

e) carrying out acts or acts of trade in goods whose origin cannot be proved, according to the law;

f) non-economic agents to the tax authorities, prior to application, to commercial additions and those of the Commission;

g) purchase of goods or products for the purpose of resale, from retail, catering, canteens, and other similar units;

h) was completed, and the omission of the display, in the establishment, at the places of sale or serving of the operators of the prices and tariffs, the category of quality of the goods or services of the time, where appropriate, the list of prices and tariffs;

I) refusal to conclude the contract provider for the delivery of the products needed for the consumption of the population, as determined by decisions of the Government and distributed on the basis of the statement;

j) delivery or purchase without distribution, of the products referred to. I) in preference to the holders of distribution;

k) neexpunerea to the sale of existing preferential trading goods, unjustified refusal of sale or in case of the provision of services falling within the scope of activity of the trader;

l) accumulation of goods on the internal market with the aim of creating a shortage in the market and their subsequent revinzarii or disallow fair competition;

m) overrun by the operators of the State-owned majority stake, maximum levels for sale prices with high rates or fixed by decisions of the Government;

n) overcoming the operator maximum markups were established by decisions of the Government, the formation of retail prices, regardless of the number of links by moving goods, as well as overcoming the commercial addition of Commission established and declared by operators from the tax authorities;

a failure by the sale) scales or metric;

p) counterfeit goods substitution times or any other products, as well as displaying for sale or sale of such goods, knowing that are substituted or forged. "

2. Article 2 shall read as follows: ART. 2-Constitute offences the acts mentioned in article 3. and (b). a)-k), if they were not committed in such circumstances to be considered, according to the criminal law, offences and shall be imposed as follows: (a) point (b)) facts. d) and h), imprisonment of minor offences from 15 days to two months or a fine of 10,000 to 20,000 from lei lei;

b) facts from lit. c) and f minor), by imprisonment from 1 month to 3 months, or a fine from 15,000 to 30,000 lei lei;

c) facts from lit. a), b), (e)), g)), j) and (k)), imprisonment of minor offences from 3 months to 6 months or a fine of from 30,000 lei at 60,000 lei.

The penalties provided for in paragraph 1. 1 shall also apply to persons within the autonomous public corporations, companies and other economic agents, who, through their activities, have participated in any way in the Commission of acts constituting offences, according to the present law.
Fines may be imposed and to legal persons, and the minimum and maximum limits are doubled.
Offences covered by this law are found by the bodies of commercial control of prefectures and municipal mayoralties and city mayoralties, municipal representatives, the financial Guard, the financial control bodies and police. "
3. After article 2 shall be inserted in articles 1 and 2 ^ 2 ^ 2, with the following content: "ART. 2 ^ 1-where the claim agent considers that the penalty of fine is sufficient, apply a fine procedînd accordance with the provisions of law No. 32/1968.
Otherwise, the minutes of finding shall be sent forthwith to the Court in whose territory the offence was committed.
The President of the Court shall fix a period of emergency, with the attendance of the offender's.
Panel of judges is composed of a single judge.
The judge shall rule on the legality and solidity of the minutes and, where appropriate, apply the penalty and seizure take times cancels the minutes.
The infringer may request review of the case within 24 hours after delivery, if it was present at the debate, or the communication, if it was failing.
The Prosecutor may request review of the case within 24 hours of delivery.
The request for review shall decide, in an emergency, completely composed of 2 judges.
Judgement date in the request for review is final.
Participation of the Prosecutor in the judgment is binding.
Article 2 ^ 2-If the offender has not paid the fine in bad faith within 30 days of the final lag of the sanction, the organ in which the claim agent will notify the Court within which the illustrious offence, for the purpose of transforming the administrative fine in prison, taking into account the part of the fine that has been paid.
At the first trial, the Court may grant the offender's request, for a period of 30 days for the purpose of paying the full fine.
Where the infringer did not pay the fine within the time limit referred to in paragraph 1. 2, the Court shall proceed to transform the prison administrative fine.
Provisions of art. 2 ^. 3, 4 and 6 to 10 applies accordingly.
Enforcement of administrative penalty shall not be brought into the prison within one year from the date of final decision coming into legal force. "
4. Article 3 shall read as follows: ART. 3.-the facts pursuant to article 114. and (b). l-p)) constitute criminal offences and are punishable by imprisonment from 6 months to 3 years, if the criminal law does not provide for a greater punishment.
Decisions concerning sentencing will be accessible to traders from the commercial register. "
5. Article 4 shall read as follows: ART. 4.-goods or products which have been used or were intended to serve any of the facts in cases provided for by art. and (b). a), b), d), (e)), g) and (j)), if the infringer or are of an economic agent, as well as the amounts of money and property obtained in the way things are pointed, by committing the contravention shall seize and capitalize on it according to the law, notably is the counterpart of their revenue in the budget of the State Central Administration.
The benefits obtained by illicit individuals or bodies in the activities provided for in art. 1, as well as proceeds entirely from the sale of goods whose origin cannot be proved, shall be taken as revenue in the budget of the central State administration in the form of a tax of 100 percent. "
6. Article 5 shall read as follows: ART. 5.-the crime of taking bribes, influence peddling and receiving undue benefits, assessment agencies, committed by the prosecution or trial of the facts constituting the offence or offences covered by this law, shall be punished in accordance with the provisions of art. 254, 256 and 257 of the penal code, whose minimum and maximum is increased by 2 years. "
7. Article 6 shall read as follows: ART. 6.-the provisions of this law shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning of offences, the penal code and of the code of criminal procedure.
The crimes provided for in art. 3 shall be pursued and judged it the emergency procedure provided for blatant crimes. "
8. Article 6 shall be inserted After article 6 ^ 1 with the following content: "ART. 6 ^ 1. -Application of sanctions provided for in this law does not eliminate liability to disciplinary action faptuitorilor. "

Article 2 Law No. 12/1990 on the protection of the population against illicit commercial activities, with the amendments and additions made by this Bill, will, realizing a new articles are numbered.
The Senate passed this Bill in its meeting on 11 June 1991.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU Parliamentarians Assembly passed this law in its meeting on 11 June 1991.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on modification and completion of the law nr. 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 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —