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Law No. 104 Of 22 September 1992

Original Language Title:  LEGE nr. 104 din 22 septembrie 1992

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LEGE No. 104 of 22 September 1992 to amend and supplement the Criminal Code, the Code of Criminal Procedure and other laws, as well as to repeal Law no. 59/1968 and a Decree no. 218/1977
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 244 of 1 October 1992



The Romanian Parliament adopts this law + Article 1 The penal code shall be amended and supplemented as follows: 1. Article 18 ^ 1 paragraph 3 shall read as follows: " In the case of the facts provided for in this article, the prosecutor or the court applies one of the administrative sanctions provided by art. 91 91. " 2. Article 53 (1) (b) shall read as follows: "b) fine from 10,000 to 300,000 lei." 3. Article 63, paragraphs 2 and 3 shall read as follows: " Whenever the law provides that a crime is punishable only by a fine, without showing its limits, its special minimum is 15,000 lei, and the maximum of 75,000 lei. When the law provides for the punishment of the fine without showing its limits, alternately with the prison sentence of no more than 1 year, the special minimum of the fine is 25,000 lei and the special maximum of 100,000 lei, and when it provides for the punishment of the alternative fine The prison of more than 1 year, the special minimum is 40,000 lei and the special maximum of 200,000 lei. " 4. Article 71 (3) shall read as follows: "" The provisions of para. 1 and 2 shall also apply if the execution of the sentence at work has been ordered, with the exceptions provided in art. 86 ^ 8, prohibition of the rights provided in art. 64 lit. d) and e) being left to the court's assessment. " 5. Article 76 (1) (e) and (f) shall read as follows: " e) when the special minimum of the prison sentence is 3 months or more, the sentence is reduced below this minimum, until the general minimum, or a fine is applied that cannot be less than 25,000 lei, and when the special minimum is less than 3 months, it applies a fine that cannot be less than 20,000 lei; f) when the punishment provided by the law is fine, it falls below its special minimum, being reduced to 15,000 lei if the special minimum is 40,000 lei or higher, or up to the general minimum, when the special minimum is less than 40,000 lei lei. " 6. Article 81, paragraphs 1, 2 and 3 shall read as follows: " The court may order the conditional suspension of the execution of the sentence for a certain duration, if the following conditions are met a) the sentence imposed is imprisonment of no more than 3 years or fine; b) the offender has not previously been sentenced to the prison sentence of more than 6 months, unless the conviction enters any of the cases provided for in art. 38 38; c) it is assessed that the purpose of the sentence can be achieved without its execution. The conditional suspension of the execution of the sentence can also be granted in case of contest of crimes, if the sentence imposed is imprisonment for no more than 2 years and the conditions provided in par. 1 lit. b) and c). In the case of conviction for a crime by which a damage occurred, the court may order the conditional suspension of the execution of the sentence only if the damage was fully repaired until the ruling. " 7. Article 85 (3) shall read as follows: " In the cases provided in par. 1, if the punishment resulting from the merger does not exceed 2 years, the court may apply the provisions of art. 81. If the conditional suspension of the execution of the sentence is ordered, the trial period shall be calculated from the date of the final stay of the decision by which the conditional suspension of the execution of the sentence was previously ruled. " 8. Section 3 ^ 1 of Chapter 5 of Title 3 of the general part shall read as follows: "" Section 3 ^ 1 Suspension of execution of the sentence Conditions for applying the suspension of the execution of the sentence Art. 86 ^ 1 The court may order the suspension of the execution of the sentence under supervision, if the following conditions a) the sentence imposed is imprisonment of no more than 4 years; b) the offender has not previously been sentenced to the prison sentence of more than one year, except when the conviction enters any of the cases provided for in art. 38 38; c) it is appreciated, taking into account the person of the convict, his conduct after the commission of the act, that the delivery of the conviction constitutes a warning to him and, even without the execution of the sentence, the convict will no longer enjoy crimes. The suspension of the execution of the sentence under supervision can also be granted in the case of the contest of crimes, if the sentence imposed is imprisonment for no more than 3 years and the conditions provided in par 1 lit. b) and c). Art. 81 81 para. 3 and 4 shall also apply to the suspension of the sentence under supervision. Test time Art. 86 ^ 2 The trial period in case of suspension of the execution of the sentence under supervision shall be composed of the amount of the sentence of the prison imposed, plus a time frame, established by the court, between 2 and 5 years. Art. 82 82 para. 3 3 shall apply accordingly. Supervisory measures and obligations of the convict Art. 86 ^ 3 For the duration of the test period, the convict shall be subject to the following surveillance measures: a) to appear, on the dates fixed, to the judge appointed with his supervision or to other organs established by the court; b) to announce, in advance, any change of domicile, residence or dwelling and any travel exceeding 8 days, as well as the return; c) to communicate and justify the change of the workplace; d) to communicate information of a nature that his means of existence could be controlled. The data provided in par. 1 lit. b), c) and d) shall be communicated to the persons or bodies established at lit. a). The court may impose on the convict the respect of one or more of the following obligations: a) to carry out an activity or to follow a course of learning or qualification; b) not to change the domicile or residence they have or not to exceed the established territorial limit, except under the conditions fixed by the court c) not to attend certain established places; d) not to get in touch with certain persons; e) do not drive any vehicles or vehicles; f) to undergo control, treatment or care measures, in particular for the purpose of detox. Supervision of the execution of the obligations established by the court 3 lit. a)-f) is made by the organs provided in par. 1 lit. a) and the same bodies notify the court in case of non-fulfillment of obligations for taking measures under the conditions of art. 86 ^ 4 para. 2. Revocation of suspension of execution of sentence Art. 86 ^ 4 Art. 83 83 and 84 shall also apply accordingly to the suspension of the execution of the sentence under supervision. If the convicted does not comply with the supervisory measures provided by the law or the obligations established by the court, it may revoke the suspension of the execution of the sentence ordering the full execution of the sentence, or extend the term test with no more than 3 years. Cancellation of suspension of execution of sentence Art. 86 ^ 5 Art. 85 85 para. 1 1 and 2 shall also apply accordingly to the suspension of the execution of the sentence under supervision. In the cases provided in art. 85 85 para. 1, if the punishment resulting from the merger does not exceed 3 years, the court may apply the provisions of art. 86 86 ^ 1. If the suspension of the sentence is ordered under supervision, the trial period shall be calculated from the date of the final stay of the decision by which the conditional suspension of the execution of the sentence was previously ruled. Rehabilitation in case of suspension of execution of sentence Art. 86 ^ 6 If the convicted one again did not enjoy a crime within the trial period, nor did the revocation of the suspension of the execution of the sentence on the basis of art. 86 86 ^ 4, he is rehabilitated by law. " 9. After section 3 ^ 1, introduced by this law, insert section 3 ^ 2, with the following contents: Section 3 ^ 2 Execution of sentence at work Conditions of application Art. 86 ^ 7 If the court, taking into account the gravity of the act, the circumstances in which it was committed, the professional and general conduct of the perpetrator and its possibilities for re-education, appreciate that there are enough grounds that the purpose of the sentence be attained without deprivation of liberty, may order the execution of the sentence in the unit in which the convict operates or in another unit, in all cases with the written consent of the establishment and if the following conditions are met: a) the sentence imposed is imprisonment of no more than 5 years; b) the one in question has not been previously sentenced to the prison sentence of more than 1 year, unless the conviction enters any of the cases provided for in art. 38. The execution of the sentence at the workplace can also be ordered in case of contest of crimes if the punishment imposed for the contest of crimes is no more than 3 years imprisonment and the other conditions provided in the previous paragraph are met. The execution of the sentence at work cannot be ordered in the case of intentional offences for which the law provides for prison sentence of more than 10 years, as well as in the case of offences of serious bodily harm, loviri or causing injury. of death, rape, tilharie and torture. Provisions of paragraph 1 1 and 2 shall also apply if the convict does not carry out an activity on the date of application of the sentence. Execution mode Art. 86 ^ 8 During the execution of the sentence, the convict is obliged to perform all duties at work, with the following limitations of his rights according to the law: a) of the total income due according to the law, for the work performed except for the bonuses granted for the activity carried out in jobs with harmful or dangerous conditions, shall be retained a quota of 15 -40%, established according to the law, in report with the amount of income and the duties of the convict for the maintenance of other persons, which shall be paid to the In the case of the minor convict, the limits of detention are reduced by half; b) the social security rights are established in the legal percentages applied to the net income due to the convict, after withholding the quota provided in lett. a); c) the duration of the execution of the sentence shall not be considered d) can not change the place of work at the request of the convict, except by the decision of the court; e) the convict cannot be promoted; f) the convict cannot occupy management positions, and in relation to the deed savirsita cannot occupy positions involving the exercise of the state authority, instructive functions-educational or management functions. During the execution of the sentence, the convict is prohibited from the electoral right to be elected. The court may order that the convicted person also complies with one or more of the obligations provided for in art. 86 86 ^ 3. The sentence is executed at work on the basis of the warrant for execution of the sentence. During the execution of the sentence in the unit in which the convicted person carried out his activity at the time of the application of the sentence, the In the event of the execution of the sentence in another unit than the one in which the convict was carried out on the date of application of the sentence, the employment contract concluded The sentence is executed without ending employment contract. Provisions of paragraph 6 6 shall also apply in the case of the convict who does not carry out an activity on the date of application of the sentence If the one sentenced to the execution of the sentence at the workplace has become military within the course of the judgment or after the final stay of the sentence of conviction, the sentence shall be executed at the place of work, after the passing of it. Revocation of the execution of the sentence Art. 86 ^ 9 If after the final stay of the decision ordering the execution of the sentence at the workplace, the convicted one again savor a crime, before the start of the execution of the sentence or during its execution, the court revokes the execution punishment at work. The punishment applies according to art. 39 39 para. 1 and 2 or, as the case may be, art. 40. If the subsequent offence is enjoyed at fault, the court can also order for this offence the execution of the sentence at work. In this case, the revocation no longer takes place and the punishment applies according to the rules for the contest of crimes. If the convict evades the performance of the business within the establishment or does not properly perform his duties at work or does not comply with the supervisory measures or obligations established by the decision of conviction, the court can revoke the execution of the sentence at work, ordering the execution of the sentence in a place of possession. When the convict can no longer perform the work due to the total loss of work capacity, the court revokes the execution of the sentence at the workplace and, taking into account the circumstances that determined the incapacity for work and the provisions of art. 72, orders the conditional suspension of the execution of the sentence even if the conditions provided for in art. 81 81 or 86 ^ 1. If the execution of the sentence at work is revoked according to par. 1 or 3, the sentence imposed or, as the case may be, the remaining sentence remaining unexecuted shall be executed in a place of possession. Cancellation of the execution of the sentence Art. 86 ^ 10 If the one convicted may have committed a crime until the final stay of the decision and it is discovered before the punishment has been executed at the place of work or considered to be executed, the court, if the conditions laid down are not met to art. 86 ^ 7, annuls the execution of the sentence at work. The cancellation is also ordered if the conviction decision for the crime discovered later is pronounced after the punishment was executed at work or considered as executed. The punishment is determined, as appropriate, according to the rules of the contest of crimes or relapse. When the sentence is deducted in full or in part, or, where appropriate, to the merging of penalties, the provisions relating to the prison sentence shall apply, without regard to whether one of the punishments is carried out at work. The sentence thus established shall be executed in a place of possession. Termination of sentence Art. 86 ^ 11 If the convicted one executed at least two-thirds of the term of the sentence, gave thorough evidence of correction, had good conduct, was disciplined and aroused in work, the court can order an end to the execution of the sentence at work, at the application of the management of the unit where the convict operates or the convict. The punishment is considered to be executed if in the time from the end of the execution of the sentence at the workplace and until the end of the term of the sentence, the convicted one again did not enjoy a crime. If in the same period the convict has again committed an offence, the court may order the revocation of the termination of the execution of the sentence at the workplace, the provisions of 61 and 86 ^ 10 para. 3 3 being properly applicable. ' 10. Article 90 shall read as follows: " Conditions of replacement Article 90 The court may order the replacement of the criminal liability with liability that attracts a sanction of an administrative nature, if the following conditions are met: a) the punishment provided by law for the offence enjoyed is imprisonment of no more than 1 year or fine or the offences provided in art. 208, 213, 215, 223 para. 1, 224 para. 1, 227 para. 1, 229 para. 1, 231 para. 1 and 232, if the amount of damage does not exceed 3,000 lei or the crime provided in art. 249 249 para. 1, if the amount of damage does not exceed 10,000 lei; b) the act, in its correct content and in the circumstances in which it was enjoyed, presents a degree of reduced social danger and did not produce serious consequences; c) the damage caused by the crime was fully repaired until the ruling; d) from the attitude of the perpetrator after the enjoyment of the crime results that he regrets the act e) there are sufficient data that the perpetrator can be directed without being punished. The replacement of criminal liability cannot be ordered if the perpetrator has previously been convicted or has been imposed twice more administrative sanctions. The conviction is considered non-existent in the situations provided in art. 38 38. " 11. Article 91 shall read as follows: " Sanctions of an administrative nature Article 91 When the court orders the replacement of criminal liability, it applies one of the following administrative sanctions: a) reprimand; b) reprimand with warning; c) fine from 5,000 to 25,000 lei. " 12. Articles 92 to 97 shall be repealed. 13. Article 109 (1) shall read as follows: " The penalties that can be applied to the minor are the prison or fine provided by law for the crime savirsita. The limits of penalties are reduced by half. Following the reduction, under no circumstances will the minimum sentence exceed 5 years. 14. The term disciplinary military unit of the Criminal Code and other laws is replaced by the term military prison. + Article 2 The Code of Criminal Procedure shall be amended and supplemented as follows: 1. Article 26 shall read as follows: Jurisdiction of the military high court "" Art. 26 The military high court tribunal judges in the first instance: 1. the crimes enjoyed by the military up to the rank of captain including, except for those given by law in the jurisdiction of the territorial military tribunal; 2. the following crimes committed by civilians: a) repealed; b) crimes against goods under the administration or use of the Ministry of National Defence, the Ministry of Interior, the Romanian Intelligence Service or the General Directorate of Prisons; c) the offences provided in art. 348-354 of the Criminal Code and those provided in art. 279 279 para. 3 lit. a) and b) and in art. 280 of the Criminal Code, if they had as their object large or important quantities of weapons, ammunition or explosive or radioactive materials; 3. crimes committed in connection with the service by civil employees of the Ministry of National Defence, Ministry of Interior, Romanian Intelligence Service or General Directorate of Prisons, except for those given by law in competence other courts. ' 2. Article 27 (1) (a) shall read as follows: " a) the offences provided by the Criminal Code in art. 155-171, 174-177, 190, 212, 218, 219 para. 3, if the act had as a result a disaster, and para. 4 4, art. 223 223 para. 3 3, art. 224 224 para. 3 3, art. 225 225 para. 3 3, art. 226 226, art. 229 229 para. 3 3, art. 231 231 para. 3 3 and 4, art. 232 232 para. 3 3 and 4, art. 248 248 para. 2 2, art. 252 252, art. 267 ^ 1, art. 273 273 para. 2 2, art. 274 274 para. 2 2, art. 275 275 para. 3 3, art. 276 276, art. 282 282, 298, 317 and 356-361; ' 3. Article 28 (1) shall read as follows: " Territorial Military Court: 1. Judge in the first instance: a) offences enjoyed by senior officers; b) repealed; c) repealed; d) the offences mentioned in art. 27 27 section 1 lit. a) and b), enjoyed by the military up to the rank of captain including, or enjoyed in connection with the service by the civil employees of the Ministry of National Defence, the Ministry of Interior, the Romanian Intelligence Service or the General Directorate of Prisons; e) the crimes enjoyed by the judges of the military courts of great unity, by the personnel of the military prosecutor's units, as well as the crimes committed by the asesori during the time when they operate at the military courts of great unity; f) repealed; g) smuggling offences, if it had as object weapons, munitions or explosive or radioactive materials; " 4. In Article 140 ^ 1, after paragraph 2, a new paragraph is inserted, with the following contents: " If the defendant is admitted to the hospital and because of the state of health cannot be brought to court, or in other cases where his movement is not possible, the complaint will be examined in the absence of the defendant, but only in the presence of the defender, who is given the word to draw conclusions. " 5. In Article 159, after paragraph 4, a new paragraph is inserted, with the following contents: " If the arrested defendant is admitted to the hospital and due to the state of health cannot be brought to court, or in other cases where his movement is not possible, the proposal to extend the duration of the preventive arrest will be examined in the absence of the defendant, but only in the presence of the defender, who is given the word to draw conclusions. " 6. Article 209 (3) shall read as follows: " The prosecution is compulsorily carried out by the prosecutor in the case of the crimes provided by art. 155-171, 174-177, 179, 189-191, 212, 225 para. 3, 226, 236, 252, 254, 255, 257, 265, 266, 267 ^ 1, 268, 273-276, 282-285, 299-302, 302 ^ 2, 317 and 356-361 Criminal Code, in the case of crimes shown in art. 26 26 section 2 lit. b), art. 27 27 section 1 lit. b) and d) and art. 29 29 section 1 lit. b) of this code, as well as in the case of crimes against labor protection. " 7. Article 226 (3) shall be repealed. 8. Article 279 (2) (a) shall read as follows: " a) to the court in the case of crimes provided by the Criminal Code in art. 180, 184 para. 1 1, art. 193 193, 205, 206, 210, 213 and 220, if the perpetrator is known. When the perpetrator is unknown, the injured person can address the criminal investigation body for his identification; " 9. Article 280 (2) shall read as follows: " If the crime savirsita is of those shown in art. 279 279 para. 2 lit. a), the findings made will be sent, upon request, to the court notified by complaint. " 10. Article 282 and Article 284, paragraphs 3, 4 and 5 shall be repealed. 11. Article 285 shall read as follows: " Wrong complaint Article 285 The wrong prior complaint directed to the prosecuting body or to the court shall be sent to the competent body. In these cases, the complaint shall be considered valid, if it has been introduced within the non-competitive body. " 12. Article 286 (1) shall read as follows: " If in a case where criminal investigation acts were made it is subsequently considered that the act is to receive a legal framing for which prior complaint is required, the criminal investigation body calls the injured party and asks her if Understand how to cry. If so, the criminal investigation body, as the case may be, continue the investigation or send the file to the competent court Otherwise, it transmits the acts of the prosecutor in order to stop the prosecution. " 13. Article 345 (5) shall read as follows: " If the court ordered the replacement of criminal liability, with the termination of the criminal proceedings the application of art. 91 91 of the Criminal Code. " 14. Article 357 (1) shall read as follows: " The device must include the data provided for in art. 70 regarding the person of the defendant, the solution given by the court regarding the crime, indicating, in case of conviction, its name and the text of the law in which it falls, and in case of acquittal or termination of the criminal proceedings, the case on which it is based according to art. 11, as well as the solution given as to repairing the damage. When the court makes application art. 86 ^ 7 of the Criminal Code, the device will mention whether the convicted one will serve the sentence in the unit where he operates or at another facility. When the court makes application art. 86 ^ 1 of the Criminal Code, the device will mention the surveillance measures, provided in art. 86 ^ 3 para. 1, to which the convict must be subject, as well as the obligations established by the court according to art. 86 ^ 3 para. 3 3. " 15. Article 359 shall read as follows: " Obligations of the court in case of conviction with suspension of execution of sentence or execution of sentence at work Article 359 In case of conviction to prison sentence with conditional suspension of execution of sentence or suspension of execution of sentence under supervision or execution of sentence at work, the president draws the attention of the convicted provisions whose non-compliance has as a result the revocation of the suspension or the execution of the sentence at work. In the case of suspension of the execution of the sentence under supervision, the President shall make known to the convicted person the supervisory measures to which he is subject and the obligations he If the defendant is not present and the court considers that his call is not necessary, he makes a written communication, in which his attention is drawn according to the previous paragraph. In all cases in which the conviction was pronounced with the conditional suspension of the execution of the sentence or the suspension of the execution of the sentence under supervision, the executing court brings it to the attention of the unit where the the activity, and in case of suspension of execution of the sentence under supervision, and the police body in the locality where the convict resides. " 16. Article 379 (2) (a) shall read as follows: " a) acquits the defendant or orders the termination of the criminal proceedings in the cases provided in 11, rectify the indication of texts when they were wrong indicated; when the court orders the replacement of criminal liability, it makes the application of art. 91 of the Criminal Code, and when there is the case provided for in 10 lit. b) ^ 1, makes application of art. 18 ^ 1 para. 3 3 of the Criminal Code. " 17 article 419 (2) and (3) shall be repealed. 18. Article 422 ^ 1 shall read as follows: "" Enforcement of prison sentence with execution at work Article 422 ^ 1 The prison sentence with execution at work shall be executed by issuing the execution warrant. The mandate shall be issued by the executing court, shall be drawn up in 4 copies and shall include, in addition to the particulars provided for in art. 420, which shall apply accordingly, and the following data: the name, the headquarters of the unit where the punishment is executed, the provision for the execution of the sentence to the management of the unit and the detention and shedding to the state budget of the quota provided by 19. Article 422 ^ 2 (1) shall read as follows: "In order to carry out the execution mandate issued, a copy of the unit where the punishment, convict and police body in the locality where the unit is based shall be sent." 20. Article 440 shall read as follows: Replacement of criminal liability Article 440 " In case of replacement of criminal liability, the execution of the rebuke and the warning with warning shall be carried out according to art. 487, which shall apply accordingly, and the execution of the fine shall be carried out according to art. 442 442 and 443. " 21. Article 441 shall be repealed. 22. Article 447 shall read as follows: " Revocation or cancellation of suspension of sentence Article 447 On the revocation or cancellation of the suspension of the execution of the sentence 83 times in art. 85 of the Criminal Code or the suspension of the execution of the sentence under supervision, provided in 86 ^ 4 times in art. 86 ^ 5 of the Criminal Code, is pronounced, ex officio or at the referral of the prosecutor, the judge or the court that judges or tried in the first instance the crime that could attract revocation or cancellation. If until the expiry of the test period, the civil obligations provided for in art. 84 and 86 ^ 4 para. 1 of the Criminal Code, the interested party or the prosecutor notifies the court or tribunal that ruled in the first instance the suspension, in order to revoke the suspension of the execution of 23. Article 447 ^ 1 shall read as follows: " Revocation or cancellation of the execution of the sentence at work Article 447 ^ 1 Revocation or cancellation of the execution of the sentence at work, in the cases provided in art. 86 ^ 9 and 86 ^ 10 of the Criminal Code, it is ordered, as the case may be, by the court of execution or by the appropriate court in whose territorial area is the unit where the sentence is executed, or by the court that judges or tried in the first the crime court that could attract revocation or cancellation. The court's complaint is made, ex officio, by the prosecutor, the unit or the police body. In the case provided in art. 86 ^ 9 para. 4, the court may also be notified by the convicted one. " 24. Article 449 (2) shall read as follows: " The competent court to order the amendment of the sentence is the court of execution of the last decision or, if the convicted one is in possession or in the execution of the sentence at the workplace, the corresponding court in whose radius the territorial unit shall be held or, where appropriate, the unit where the penalty is served. '; 25. Article 450 ^ 1 shall read as follows: " Cessation of the execution of the sentence at work Article 450 ^ 1 The termination of the execution of the sentence at the workplace is ordered by the court in whose territorial area is the unit where the convict executes the sentence. Art. 450 450 para. 2 2, 3 and 4 shall apply accordingly. The court before which the decision remained final is obliged to communicate to the unit where the punishment is executed, as well as to the police body in the locality where the unit is based, copy of the device by which the termination was ordered Execution of sentence 26. Article 453 (3) shall read as follows: " The provisions of this Article shall also apply to the person sentenced to the execution of the sentence at work. In the situation provided in lett. b), the execution of the sentence can be postponed for the period established by the legal norms regarding the leave to be granted to the employees before and after birth. " 27. Article 456 shall read as follows: Competent court "" Art. 456 The court competent to order the interruption of the execution of the sentence is the court of execution or the court in whose territorial area the place of possession is located or, as the case may be, the unit where the sentence is executed at work, corresponding in the court of execution. ' 28. Article 457 shall read as follows: Record of interruption of sentence " Article 457 The court that granted the interruption immediately communicates this measure to the place of possession or, as the case may be, to the unit where the convict executes the punishment and the police body, and if the interruption was granted by the court in whose territorial area the find out the place of possession or the unit, it shall communicate the measure taken to the executing court The court of execution, the administration of the place of possession and the unit where the convict executes the sentence keep the records of If at the expiry of the term of interruption the one sentenced to the prison sentence does not appear at the place of possession, the administration shall immediately send a copy of the execution warrant to the police body for execution. The copy of the execution warrant is mentioned and how much is left to be executed during the sentence. If, at the expiry of the interruption period, the one sentenced to the prison sentence with the execution at the workplace does not appear at the unit, he shall immediately notify the executing court. The administration of the holding place or the unit shall communicate to the executing court the date on which the execution of the sentence The time the execution has been interrupted shall not be counted in the execution of the sentence. " 29. Article 458 (2) shall read as follows: " The application of the provisions of the preceding paragraph shall be made ex officio or at the request of the prosecutor or the convicted, by the court of execution, and if the convicted one is in the execution of the sentence, of which the corresponding court whose territorial area is the place of possession or the unit where the convict carries out the sentence at work. " 30. Article 459 (1) shall read as follows: " The application of amnesty, when it intervenes after the final stay of the decision, as well as the application of the pardon are made by a judge from the court of execution, and if the convicted one is in execution of the sentence, by a judge from the court corresponding in whose territorial area is the place of possession or the unit where the sentence is carried out at work. ' 31. Article 460 (6) shall read as follows: " The provisions of the preceding paragraphs shall also apply where the resolution of a situation covered by this Title is given in the jurisdiction of the court in whose territorial area the holding site or the unit where the one convicted is situated execute punishment. The solution shall be communicated to the executing court 32. Article 479 shall read as follows: Cases where the special procedure is not applicable "" Art. 479 The procedure provided for in this Chapter shall not apply to offences committed by minors. In the case of crimes for which the setting in motion of the criminal action is made only at the prior complaint of the injured person, if they are flagrant and enjoyed under the conditions provided in art. 466, the finding of their enjoyment is mandatory and is made according to art. 467 467. The follow-up and trial procedure provided for in this chapter shall apply only in cases of offences shown in art. 279 279 para. 2 lit. b) and c) and if the injured person has introduced within 24 hours of the enjoyment of the flagrant crime the prior complaint to the prosecution body. To this end, the injured person is called and asked by the prosecution body if he understands to make the complaint within the above mentioned term. " 33. Article 483 (1) shall read as follows: " The cases in which the defendant is a minor are judged according to the rules of ordinary jurisdiction, by judges appointed by the president of the court. 34. Article 504 (4) shall read as follows: " Persons shown in par. 1 and 2, which before the arrest were employed, are calculated at the age of work and the time they were arrested, and the persons shown in par. 1 they are calculated at the length of time in work and the time they have executed the sentence at work. " + Article 3 Law no. 23/1969 on the execution of the penalties, as amended, shall be amended and supplemented as follows: 1. The name of Chapter 1 ^ 1 shall be as follows: "Execution of the sentence at work" 2. Article 30 ^ 1 shall read as follows: "" Art. 30 30 ^ 1 The sentence is executed at work in the establishment-institution or economic agent-where the convict carries out his work on the date of application of the sentence, if he has given his consent, under the execution mandate issued on the basis of the decision Final court of conviction. During the execution of the sentence, the employment contract is suspended. If the sentencing decision was ordered to be executed in a unit other than the one in which the convicted one carried out his activity on the date of application of the sentence, the concluded employment contract ceases. The sentence is executed under the term of execution of the sentence, without entering into employment contract. Provisions of paragraph 2 2 shall apply accordingly and if the convicted does not carry out an activity on the date of application of the sentence. " 3. Articles 30 ^ 2 and 30 ^ 3 shall be repealed. 4. Article 30 ^ 4 shall read as follows: " Article 30 ^ 4 From the income due to the convict, according to the legal norms, for the activity carried out, 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% for the part of the net income between 8,001-10.000 lei; c) 35% for the part of the net income between 10.001-12,000 lei; d) 40% for the part of the net income exceeding 12,000 lei. If the convict is a minor, the odds are reduced by half. In the case of convicts who have, according to the law, persons in maintenance, the quotas provided for in a), b), c) and d) shall be reduced to 15%, 20%, 30% and 35% respectively. ' 5. Article 30 ^ 5 shall read as follows: " Article 30 ^ 5 The convict is obliged to appear at the unit where he is to serve the sentence within 5 days of receiving the execution warrant. The convict is obliged to perform properly all the duties he has at work, having the rights incumbent on him according to the law, with the limitations provided in art. 86 ^ 8 of the Criminal Code. The workplace cannot change at the request of the convict, except by the decision of the court. The convict must also comply with the supervisory measures and obligations established by the court according to art. 86 ^ 8 para. 3 3 of the Criminal Code. " 6. Article 30 ^ 6 shall read as follows: " Article 30 ^ 6 The unit shall communicate to the executing court the date of submission of the convict and keep records of the time it is missing from the workplace, in order to ensure the full execution of The management of the unit provides the convict with working conditions so that he can fulfill his obligations and designate, when appropriate, a collective that will supervise the conduct of the convict, supporting him in order to justify him. The unit cannot unwrap the convict's employment contract for the duration of the execution of the sentence at work, except in cases of revocation and cancellation of the execution of the sentence at work. If situations which, independently of the will of the convict or of the establishment, require the change of the place of work, the unit notifies the delegated judge with the occasion of the execution of the sentence or in the course of execution, Execution. Receiving the notice, the judge delegated with the execution shall verify the reasons invoked and, as the case may be, take measures to enforce or continue the execution or refer the matter to the court. " 7. Article 30 ^ 7 shall read as follows: "" Art. 30 30 ^ 7 If a case arises of revocation or cancellation of the execution of the sentence at the workplace, the unit or, as the case may be, the police body, the prosecutor or the convict shall immediately notify the competent court according to art. 447 ^ 1 of the Code of Criminal Procedure. " 8. Article 30 ^ 8 shall read as follows: "" Art. 30 30 ^ 8 Upon expiry of the term of the sentence, he shall issue the convict with a certificate of execution of the sentence and notify the court of execution and the local police body + Article 4 The Labour Code shall be amended as follows: 1. Article 172 (3) shall read as follows: "Disputes between persons in employment and units, in connection with the conclusion, execution and termination of the employment contract, are labor disputes and shall be settled by the courts or other bodies provided by law." 2. Article 173 shall be repealed. 3. Article 174 shall read as follows: " Article 174 All disputes of work that are not given by an express provision in the competence of other bodies are within the jurisdiction of the courts. " + Article 5 The code of civil procedure shall be amended as follows: 1. Article 1, point 2 shall read as follows: "" Two. Complaints against decisions of administrative bodies, in cases provided by law. " 2. Articles 22 ^ 1 and 109 ^ 1 shall be repealed. + Article 6 Law no. 58/1968 for the judicial organisation, as amended, shall be amended as follows: Article 23 (4) (2) (a) will read as follows: " a) the offences referred to in art. 279 279 para. 2 lit. a) of the Code of Criminal Procedure. " + Article 7 Law no. 59/1968 on the committees, as amended, Decree no. 218/1977 on certain transitional measures relating to the sanctioning and reeducation through the work of persons who have enjoyed acts provided for by the criminal law, as amended, as well as any other provisions contrary to this law shall be repealed. The cases, on the date of entry into force of this law, to the committees of judgment, shall be sent to the courts in whose territorial area the commissions functioned. The decisions rendered by the commissions, before the entry into force of this law, shall be subject to the remedies and to the periods of exercise provided by the law applicable before this date. + Article 8 The cases under trial at the military courts on the date of entry into force of this law will continue to be tried by them until the final stay of the decisions. In case of admission of the appeal, if the decision is ordered to be scrapped and the case is sent for retrial, the case will be judged by the competent courts, according to the provisions of this law. The cases regarding the crimes that were removed from the competence of the military prosecutor's bodies, pending criminal prosecution on the date of entry into force of this law, pass within the competence of the county prosecutor's office. The acts and tracking works carried out remain valid. + Article 9 If the prison sentence for which the correctional work was ordered was not enforced or could not be executed for reasons not attributable to the defendant until the date of entry into force of this law, the court that ruled. the sentencing decision will be ordered, ex officio, either to suspend the execution of the prison sentence, or to replace the prison sentence with the penalty of fine, appreciating in relation to the duration of the sentence handed down, with the nature of the the perpetrator. The conditional suspension of the execution of the sentence can be ordered even if the conditions provided for in art. 81 81 or in art. 86 ^ 1 of the Criminal Code. The fine will be set within the limits and according to the criteria provided in 63 of the Criminal Code. + Article 10 On the date of entry into force of this Law, the schemes for the organization of judgments with three posts of judges and three posts of clerks, of the county courts with two posts of judges and of the Municipality of the Municipality Bucharest with five posts of judges. It also supplements the schemes for organizing local prosecutors with two posts of prosecutors. The Ministry of Economy and Finance will introduce the corresponding amendments arising from the provisions of the previous paragraph in the economic and financial indicators of the Ministry of Justice and of the Romanian Prosecutor's Office This law was adopted by the Senate at the meeting of September 2, 1992, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of September 3, 1992, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN ----------------