Law No. 104 Of 22 September 1992

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

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LAW No. 104 of 22 September 1992 for the modification and completion of the penal code, the code of criminal procedure and other laws, as well as for the repeal of law No. 59/1968 and the Decree nr. 218/1977 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 244 of 1 October 1992, the Romanian Parliament adopts this law.


Article 1 amend penal code and shall be completed as follows: 1. Article 18 paragraph 3 ^ 1 shall read as follows: "If the facts referred to in this article, the Prosecutor or the Court apply one of the administrative sanctions provided for in art. 91. "2. Article 53 paragraph 1 letter 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 an offence is punishable only by a fine, without limits, minimum shows particular thereof is 15,000 lei, while the 75,000 peak.
When sentencing fine without limits, alternating with show jail not exceeding one year, the minimum fine is 25,000 and 100,000 lei special tabulations, and when the penalty provides for jail fine of more than 1 year, minimum particular is 40,000 lei and maximum 200,000 lei special. "
4. Article 71 paragraph 3 shall read as follows: "paragraph. 1 and 2 shall also apply in the case when it ordered the execution of the punishment in the workplace, with the exceptions provided for in art. 86 ^ 8, prohibiting the rights provided for in art. 64 lit. d) and (e)) being assessed by the Court. "
5. Article 76 paragraph 1 (e)) and f) shall read as follows: "(e)) when the minimum prison sentence of 3 months or more, the lower the punishment under the minimum subsistence level, general, or apply a fine which shall not be less than 25,000 lei, and when special minimum is less than 3 months, apply a fine which shall not be less than 20,000 lei;

f) when the punishment provided by law is fine, it descends below the minimum they may be reduced in particular up to 15,000 lei in special cases when the minimum is 40,000 lei or more, or until the minimum general, when special minimum is less than 40,000 lei. "
  

6. Article 81 paragraphs 1, 2 and 3 shall read as follows: "the Court may order conditional suspension of sentence for a certain duration, if the following conditions are met: a) the punishment imposed is imprisonment not exceeding three years or a fine;
  

b) the offender has not previously been sentenced to jail for more than 6 months, unless the conviction enters into any of the cases referred to in article 1. 38;
  

c) is that the purpose of punishment can be achieved even without its execution.
  

Conditional suspension of sentence may be granted and in case of sanctions, if contest the penalty applied shall be imprisonment not exceeding 2 years and am met the conditions laid down in paragraph 1. and (b). b) and (c)).
In the case of a conviction for an offense that produced a damage, the Court may order conditional suspension of sentence only if the damage has been fully repaired until the pronouncement of the judgement. "
7. Article 85 (3) shall read as follows: ' in the cases referred to in paragraph 1. 1, if the penalty resulting from merging does not exceed 2 years, the Court may apply the provisions of article 4. 81. When ordering the conditional suspension of the execution of criminal sentences, the test shall be calculated from the date of the coming into legal force of the decision by which the definitive has rejected previous conditional suspension of the execution of criminal sentences. "
8. Section 3 ^ 1 of Chapter 5 of title 3 of the general part shall read as follows: "Section 3 ^ 1 suspension of sentence under supervision conditions under which the suspension of sentence under supervision Art. 86 ^ 1 the Court may order the suspension of the sentence under supervision, if the following conditions are met: a) the punishment imposed is imprisonment not exceeding four years;
  

b) the offender has not previously been sentenced to jail more than a year, except in cases when sentencing comes into any of the cases referred to in article 1. 38;
  

c) shall be assessed, taking into account the behaviour of the person of the detainee, or after committing the offence constitutes conviction as a warning to blame for it and, even without the execution of the sentence, the sentenced person will no longer savirsi offences.
  

Suspension of sentence under supervision may be granted in the case of crimes, if the punishment imposed is imprisonment not exceeding 3 years and are met the conditions specified in paragraph 3. and (b). b) and (c)).
The provisions of article 81 paragraphs 1 and 2. 3 and 4 shall also apply in the case of suspension of sentence under supervision.
The term test article 1. 86 ^ 2 Term in case of suspension of sentence under supervision shall consist of the amount of the prison sentence imposed, to which you add a time limit fixed by the Court, between 2 and 5 years.
The provisions of article 82 para. 3 shall apply accordingly.
Surveillance measures and obligations of convict Art. 86 ^ 3 during the term, the convict must be subject to the following measures: a) to present at fixed dates in the designated judge overseeing his or the other organs established by the Court;
  

b) to announce in advance any change of domicile, residence or dwelling and any movement that exceeds 8 days, and return;
  

c) to communicate and demonstrate the changing workplace;
  

d) to communicate information to the nature can be controlled by means of his existence.
  

The data referred to in paragraph 1. and (b). b), c) and (d)) shall be communicated to the persons or bodies referred to in the Court may). imposing convict fulfilment of one or more of the following obligations: a) to pursue an activity or to complete an educational course times;
  

b) not to change his domicile or residence referred to not exceed the limit set out therein, in postulates of territorial conditions laid down by the Court;
  

c) not attend certain places;
  

d) not between certain persons;
  

e) not drive any vehicle or certain vehicles;
  

f) to submit to control measures, treatment or care, in particular for the purpose of dezintoxicării.
  

Supervision of the execution of the obligations laid down by the Court under paragraph 2. 3 (a). the-f)) is made by the bodies referred to in paragraph 1. and (b). the same organ) and bring the matter before the Court in the event of failure to comply with obligations to take measures pursuant to article. 86. ^ 2. Revocation of suspension of sentence under supervision Art. 86 ^ 4 articles 83 and 84 shall apply accordingly in the event of the suspension of the sentence under supervision.
If the convicted does not meet the supervisory measures provided for by law the obligations laid down by the court times, it may revoke the suspension of the execution of the sentence entirely disposing of their sentence, or to extend the trial period for not more than 3 years.
Cancellation of suspension of sentence under supervision Art. 86 article ^ 5 85 paragraph 4. 1 and 2 shall apply correspondingly in the event of the suspension of the sentence under supervision.
In the cases referred to in article 1. 85 paragraph 4. 1, if the penalty resulting from merging does not exceed three years, the Court may apply the provisions of article 4. 86 ^ 1. When ordering the suspension of sentence under supervision, the test shall be calculated from the date of the coming into legal force of the decision by which the definitive has rejected previous conditional suspension of sentence.
Rehabilitation in case of suspension of sentence under supervision Art. 86 ^ 6 If not illustrious condemned again an offence within the period of trial and neither has rejected rescinding the suspension of sentence pursuant to article 13. 86 ^ 4 he is rehabilitated. "
9. After section 3 ^ 1, introduced by this law, shall be entered in section 3 ^ 2, with the following contents: 3 ^ Section 2 execution of punishment in the workplace Conditions of application Art. 86 ^ 7 where the Court, taking into account the seriousness of the offence, the circumstances in which it was committed, professional conduct and overview of the perpetrator and the possibilities of re-education, as are insufficient grounds that the purpose of punishment may be achieved without deprivation of liberty, may order the execution of punishment in the establishment where the sentenced person operates or to another unit in all cases, with the written consent of the unit and if the following conditions are met: a) the punishment imposed is imprisonment not exceeding five years;
  

b) at in the case has not previously been sentenced to jail more than 1 year, unless the conviction enters in one of the cases referred to in article 1. 38. The execution of the punishment in the workplace may be ordered and in the case of offences against competition if the punishment imposed for the offence is a maximum of 3 years imprisonment and the other conditions are fulfilled, the exemption provided for in the preceding paragraph.

Execution of punishment in the workplace may not be ordered in the case of intentional offences for which the law provides for punishment by imprisonment of more than 10 years, and in the case of offences of serious bodily harm or injury strikes, causing death, rape, torture and tilharie.
The provisions of paragraphs 1 and 2. 1 and 2 shall also apply if the sentenced person is not carrying on an activity on the date of application of the death penalty.
The mode of enforcement Art. 86 ^ 8 the duration of the sentence, the convict is obliged to fulfill all her duties at work, with the following limitations of the rights according to the law: (a) of the total revenue) due by law to work with the exception of increases granted to work in jobs with harmful or hazardous conditions, it retains a share of 15-40%, as established by law in relation to the amount of income and with the duties of other people for maintenance of the detainee, which spill from the State budget. In the case of the detainee, the limits are reduced by half tax withholding;
  

(b) social insurance rights) shall be determined in the legal percentages applied to net income, after the detention of the detainee's due share referred to. a);
  

c) duration of the sentence is not considered the work;
  

d) can not change work at the request of the sentenced person, than by the decision of the Court;
  

e) convict cannot be promoted;
  

f) the sentenced person cannot occupy leadership positions, and in relation to the offence committed is not able to handle functions that involve the exercise of State authority, instructive and educative functions times.
  

For the duration of the sentence, the convict is prohibited electoral law to be elected.
The Court may order the convicted to comply with and one or more of the obligations laid down in articles 81 and 82. 86 ^ 3.
The death penalty is executed in the workplace on the basis of the mandate of enforcing the death penalty.
During the execution of the death penalty in the wherein condemned their conduct activities on the application of the death penalty, the employment contract is suspended.
If the sentence into another drive than the one in which they carry out the death penalty when the sentenced person, the contract of employment is terminated. The punishment is executed without concluding a contract of employment.
The provisions of paragraphs 1 and 2. 6 shall apply accordingly if the detainee does not carrying on an activity on the date of application of the death penalty.
Where condemned to execution of punishment in the workplace has become military within during worldwide judgment or final decision lag after conviction, the penalty is executed in the workplace, after the passage of the book.
Revoking the sentence to work Art. 86 ^ 9 If after final decision lag which ordered the execution of punishment in the workplace, the latter commits again condemned an offence, before the beginning of the sentence or during its execution, the Court revoked the sentence enforcement in the workplace. The penalty applies under art. 39 in paragraph 1. 1 and 2 and, where appropriate, of article 23. 40. If the offence is committed due at a later date, the Court may order and the execution of punishment for this offence in the workplace. In this case, the revocation no longer takes place and the penalty shall apply according to the rules for competition offences.
If the sentenced person is exempt from the provision of the activity within the establishment or not properly fulfilling the duties incumbent upon them in the workplace or supervisory measures or the obligations laid down by the decision of conviction, the Court may revoke the execution of punishment in the workplace, able to execute his sentence in a place of detention.
When the sentenced person is unable to perform work due to total loss of work capacity, the Court revoked the death penalty execution in the workplace and, taking into account the circumstances that gave rise to incapacity for work and the provisions of art. 72, conditional suspension of the death penalty even if they are not met the conditions laid down in article 23. 81 or 86 ^ 1.
If the execution of the punishment in the workplace is revoked pursuant to paragraph 1. 1 or 3, the punishment imposed or, where applicable, the remaining penalty remained unfulfilled is executed in a place of detention.
Cancellation of the sentence to work Art. 86 ^ 10 If more condemned savirsise an offence until final judgement and lag it is discovered before the penalty was enforced at the workplace or deemed to be executed, the Court, if the conditions are not met. 86 ^ 7, cancels execution of punishment in the workplace.
Cancellation shall be ordered and where the judgement of conviction for the offence discovered subsequently rule after the penalty was enforced at the workplace or deemed to have been executed. The penalty shall be determined, where appropriate, in accordance with the rules of the offence or recidivism.
To lower the penalty executed in whole or in part, or, as the case may be, to merge the sentences, the provisions relating to the punishment of imprisonment, without consideration if one of the punishment is executed in the workplace. The penalty thus established is executed in a place of detention.
The termination of the sentence Art. 86 ^ 11 if the convicted has executed at least two-thirds of the length of sentence, gave strong evidence of straightening, had a good demeanor, was disciplined and persistent work, the Court may order the termination of the sentence in the workplace, at the request of the leadership of the unit where the sentenced person operates or convict.
The penalty is considered executed if in the time following the end of the sentence in the workplace and the fulfillment of the duration of the punishment, not the illustrious condemned again an offence. If you are in the same range again to convict a criminal offense committed, the Court may order the revocation of the termination of the sentence in the workplace, article 4. 61 and 86 ^; 3 being applicable as appropriate. "10. Article 90 shall read as follows:" replacement Conditions Art. 90 the Court may order substitution of criminal liability with responsibility that draws an administrative penalty if the following conditions are met: a) punishment prescribed by law for the offence committed is the prison of no more than 1 year or a fine or have illustrious offences listed in article 1. 208, 213, 215, 223 para. 1, 224 para. 1, 227 para. 1, 229 paragraph 2. 1, 231 para. 1 and 232, if the value of the damage does not exceed 3,000 Ron or the offence specified in article 2. 249 para. 1, if the value of the damage does not exceed 10,000 lei;
  

(b)), in its content and the circumstances in which it was committed, has a low degree of social danger and did not pursue a serious product;
  

c) damage pricinuită by offence was wholly to be repaired until the pronouncement of the judgement;
  

d) of committing the offence perpetrator after attitude arises it regret the deed;
  

e) are insufficient as the perpetrator can be straightened without a penalty applies.
  

Replacing criminal liability cannot be features if the offender previously has been convicted or has been applied twice with administrative sanctions. Conviction is considered inexistent in the situations referred to in article 1. 38. "11. Article 91 shall read as follows: "administrative Sanctions Art. 91 When the Court has criminal liability, replacement, apply one of the following administrative sanctions: a) reprimand;
  

b) rebuke with caution;
  

c) fine from 5,000 to 25,000 lei. "
  

12. Articles 92-97 is repealed.
13. Article 109 paragraph 1 shall read as follows: "the penalties that can be applied to juvenile prison or fine are provided by law for the offence committed. The limits of sentences are reduced by half. As a result, in no case shall the minimum penalty shall not exceed 5 years.
14. the term military disciplinary unit of the penal code and other laws shall be replaced by the term military prison.


Article 2 of the Criminal Procedure Code changed and completed as follows: 1. Article 26(2) shall read as follows: the jurisdiction of the military tribunal of unity ". 26 military tribunal High Court judge in the first unit: 1. the crimes committed by the military until and including the rank of Captain, with the exception of those data by law in the jurisdiction of the territorial military tribunal;
2. the following offences committed by civilians: a) repealed;
  

b) offences against the administration of goods or service of the Ministry of national defence, Ministry of Interior, Romanian Intelligence Service of the General Directorate of penitentiaries;
  

(c) the offences referred to in article). 348-354 of the penal code and those listed in article 1. 279 paragraph 2. 3 (a). the a and b)) and in art. 280 of the penal code, if the object had a large or important weapons, ammunition or explosive materials radioactive;
  


3. offences committed in connection with the civilian employees of the Ministry of national defense, Ministry of Interior, Romanian Intelligence Service, General Directorate of penitentiaries times, except data by law in the jurisdiction of other courts. "2. Article 27, point 1, letter a) shall read as follows:" the offences provided for in the code) in art. 155-171, 174-177, 190, 212, 218, 219 paragraph 2. 3 If the act resulted in a disaster, and para. 4, art. 223 para. 3, art. 224 para. 3, art. 225 paragraph 3. 3, art. 226, art. 229 paragraph 2. 3, art. 231 para. 3 and 4, art. 232 paragraph 1. 3 and 4, art. 248 paragraph 1. 2, art. 252, art. 267 ^ 1, art. 273 para. 2, art. 274 para. 2, art. 275 paragraph 2. 3, art. 276, art. 282, 298, 317 and 356-361; "
3. In article 28, point 1 shall read as follows: "territorial military tribunal: 1. Judging by the first court of crimes committed): for senior officers;
  

(b));
  

(c));
  

(d) the offences referred to in article). 27 point 1(a). the a and b)), committed by the military until and including the rank of captain or committed in connection with the civilian employees of the Ministry of national defense, Ministry of Interior, Romanian Intelligence Service, General Directorate of penitentiaries times;
  

(e) offences committed by judges) of the courts of the great military unit, the procuraturilor operator's staff, as well as offences committed by laymen will meet during when operating at high military courts unit;
  

f) repealed;
  

g) crimes of smuggling, though has dealt with arms, ammunition or explosive materials radioactive; "4. In article 140 ^ 1, after paragraph 2, insert a new paragraph with the following:" where the culprit lies in hospital due to health status cannot be brought before the Court, or in other cases where displacement is not possible, the complaint will be examined in the absence of the defendant, but only this protector to whom is given the word to put conclusions. "5. Article 159, after paragraph 4, insert a new paragraph with the following:" where the defendant arrested lies hospitalized due to health status cannot be brought before the Court, or in other cases where displacement is not possible, the proposal for extension of the duration of pre-trial detention will be examined in the absence of the defendant but only this protector, to whom is given the word to put conclusions. "
6. Article 209 paragraph 3 shall read as follows: "the prosecution must be carried out compulsorily, by the Prosecutor in the case of criminal offences provided for in art. 155-171, 174-177, 179, 189-191, 212, para. 225 3, 226, 236, 252, 254, 255, 257, 265, 266, 267, 268, ^ 1, 273-276, 282-285, 299-302, 302 ^ 2, 356-361, and 317 of the criminal code, the offences referred to in article 1. 26 item 2(a). b), art. 27 point 1(a). b) and d) and art. 29 section 1 rosé wines. b) of this code, as well as in the case of offences against labour protection. "7. In article 226 (3) are repealed.
8. Article 279, paragraph 2 (a)) shall read as follows: ' a) Court in the case of offences referred to in article 1 of the criminal code. 180, 184 para. 1, art. 193, 205, 206, 210, 213 and 220, if the perpetrator is known. When the perpetrator is unknown, the person aggrieved may apply to the criminal investigation to identify; "
9. Article 280, paragraph 2 shall read as follows: "If the offence committed is among those referred to in article 1. 279 paragraph 2. 2(a) the findings) will be sent, on request, the court seised by the complaint. "10. In article 282 article 284 paragraphs 3, 4 and 5 shall be repealed.
285. Article 11 shall read as follows: "the complaint wrongly directed Art. 285 prior Complaint directed at the wrong organ of the prosecution or the Court shall be sent to the competent organ. In these cases, the complaint is considered valid if it was brought within the necompetent. "
12. Article 286 paragraph 1 shall read as follows: "where in a cause in which they did acts of criminal investigation as it deems that the deed to receive an employment for which the claim is required prior criminal investigation body calls on the injured party, and one wonders whether he understands to make complaint. If so, the criminal investigation body, as appropriate, continue research or remits the competent court. Otherwise, the Prosecutor acts in order to transmit the cessation of criminal prosecution. "13. article 345 paragraph 5 shall read as follows:" If the Court has ordered the replacement of criminal liability, with the cessation of the criminal process makes the application of art. 91 of the penal code. "14. Article 357 paragraph 1 shall read as follows:" the device must contain the information set out in article 1. 70 concerning the person of the defendant, the date of the Court with respect to the offense, indicindu, in the event of conviction, the name and the text of the Bill falling, and in case of acquittal or cessation of the criminal process, therefore according to art. 11, and the solution regarding the date of the ruling. When the Court makes the application of art. 86 ^ 7 of the penal code, the device will mention it if the condemned will be executed punishment in the unit where it operates or to another unit. When the Court makes the application of art. 86 ^ 1 of the penal code, the device will include surveillance measures, as referred to in art. 86. ^ 1, to which shall be subject to the convict, as well as the obligations set by the Court under art. 86. ^ 3. "15. Article 359 shall read as follows: "obligations of the court case against suspended execution of punishment or penalty with the Art work. 359 in the event of condemnation to punishment by imprisonment with conditional suspension of sentence or suspended sentence under supervision or serving to work, the President draws attention of the person convicted upon the provisions whose failure has as a result of the suspension or revocation of the sentence in the workplace. In the case of suspension of sentence under supervision, the President made known the one convicted of surveillance measures to which it is subjected and the obligations that should be respected.
If the defendant is not present and the Court considers that it is not necessary to call him, make a written notice, which shall attract attention according to the preceding paragraph.
In all cases where the conviction was pronounced with a conditional suspension of sentence or the suspension of the sentence under supervision, the brings this to the attention of enforcement unit where the convict operates, and in the case of the suspension of the sentence under supervision, and of the police at the place where the sentenced person is domiciled. "
379. Article 16, point 2 a) shall read as follows: "the culprit), or payable on termination of the criminal process in the cases referred to in article 1. 11, correct indication of texts when they were mistakenly indicated; When the Court has criminal liability, replacement, make the application of art. 91 of the penal code, and when there's a case referred to in article 1. 10 lit. b) ^ 1, makes the application of art. 18 ^. 3 of the penal code. "
419. Article 17, paragraphs 2 and 3 shall be repealed.
18. article 422 ^ 1 shall read as follows: "Putting into execution the execution of prison sentence at work Art. 422 ^ 1 jail with enforcement at the workplace be enforce by issuing enforcement mandate. The mandate is issued by the Court, shall be drawn up in four copies and shall include, in addition to the particulars provided for in article 4. 420, applied appropriately, and the following data: name, location of the unit where the punishment is executed, execution of criminal sentences by the management unity and restraint and shedding the State budget share provided by law. "
19. Article 422 (1) ^ 2 shall read as follows: "in order to comply with the mandate of enforcement issued, shall send a copy of the unit where it will execute the punishment of the detainee and the police of the locality in which it is established."
440. Article 20 shall read as follows: replacing the criminal liability Art. 440 "in case of replacement of criminal liability, and admonishing rebuke with warning shall be carried out in accordance with art. 487, applied appropriately, and fine execution shall be carried out according to art. 442 and 443. "
21. Article 441 is repealed.
22. Article 447 shall read as follows: "the revocation or cancellation of the suspension of the sentence Art. 447 on the revocation or cancellation of a stay of the execution of criminal sentences provided for in art. 83 times in art. 85 of the penal code or the suspension of the sentence under supervision. 86 ^ 4 times in art. ^ 5 86(2) of the penal code, rule, ex officio or upon referral to the Tribunal prosecutor, judge or court that judged the first times Court offense that could attract the revocation or cancellation.

If until expiry of the trial had not been respected civil obligations. 84 and 86 ^. 1 of the penal code, the person concerned or the prosecutor referred the matter to court or Tribunal which ruled in first instance court suspension, with a view to revoking the suspension of the sentence. "
23. Article 447 ^ 1 shall read as follows: "Revocation or annulment of the sentence to work Art. 447 ^ 1 Revocation or annulment of the sentence in the workplace, in the cases referred to in article 1. 86 ^ 9 ^ 10 and 86 of the penal code, provide, as appropriate, enforcement by the Court or by the proper Court in whose territory is situated the drive where you run the penalty, the judge or court that judged by the first court of the offence that could attract the revocation or cancellation. The appeal court is made ex officio by the Prosecutor, by the unit or by the police. In the case referred to in article 1. 86 ^ 9 para. 4, the Court may be seised and the condemned. "
24. article 449 (2) shall read as follows: "the court competence to dispose over the amendment of the punishment is execution of court decisions in the last or if the condemned is located in possession or in the execution of punishment in the workplace, the appropriate court in whose territory is situated the place of detention or, where appropriate, the unit where you execute in punishment."
25. article 450 ^ 1 shall read as follows: "the termination of the sentence to work Art. 450 ^ 1 termination of the sentence to work ordering Court in whose territory is situated the unit where the convict executed punishment.
The provisions of article 450 para. 2, 3 and 4 shall apply accordingly.
The Court before which the decision remained final is bound to communicate the unit where you execute the punishment, and the police organ in which it has its registered office unit, copy on the device which has ordered the termination of the sentence. "
26. Article 453 paragraph 3 shall read as follows: "the provisions of this article shall also apply in the case of the person sentenced to execution of punishment in the workplace. In the situation referred. b), execution of punishment may be postponed for the period established by the legal norms regarding what is granted to leave salariatelor before and after birth. "
27. article 456 shall read as follows: "the jurisdiction of the Court. Court jurisdiction to dispose 456 upon interruption of sentence enforcement or court is the Court in whose territory is situated the place of detention or, where appropriate, the unit is executed punishment in the workplace, appropriate to the degree of execution. "
28. article 457 shall read as follows: Highlight the sentence interrupted ". 457 Court which granted the interruption shall immediately notify this measure to the place of detention or, where appropriate, the establishment where the convict and execute in punishment of the police, and if the interruption was granted by the Court in whose territory is situated the place of detention or the unit, it shall communicate to the measure taken and of the Court of enforcement.
The Court of enforcement, the administration of the place of detention and the drive where the convict executed penalty shall keep track of system outages. If at the expiry of the period of interruption at sentenced to jail takes the place of detention, the administration shall immediately send a copy of the enforcement mandate of the police to enforce. On the copy of the execution mandate is stated and how to run it from the remaining duration of the punishment. If, on the expiry of the period of interruption, the one sentenced to jail with enforcement at the workplace is not presented to the unit, it shall immediately notify the Court of enforcement.
The administration of the place of detention or of the enforcement unit shall notify the Court when the proceedings resumed serving.
Time as well as the execution was interrupted does not count in the execution of the death penalty. "
29. Article 458 paragraph 2 shall read as follows: "the provisions of the preceding paragraph shall be made ex officio or at the request of the Prosecutor, the times condemned by the Court, and if the condemned is in the execution of punishment, which the Court corresponding to the grade in whose territory is situated the place of detention or the drive where the convict executed punishment in the workplace."
30. article 459 paragraph 1 shall read as follows: "the application of amnesty, when it intervenes to stop lag after the decision, and the application of pardon are carried out by a judge from the Court of enforcement, and if the condemned is in the execution of punishment, by a judge of the appropriate court in whose territory is situated the place of detention or unit where you execute in punishment in the workplace."
31. article 460 paragraph 6 shall read as follows: "the provisions of the preceding paragraphs shall also apply in the case of a covered under this title shall be within the competence of the Court in whose territory is situated the place of detention or the drive where the convict executed punishment. The solution shall be communicated to the Court of enforcement. "
32. Article 479 shall read as follows: cases when it does not apply the special procedure ". 479 procedure laid down in this chapter do not apply to offences committed by juveniles.
In the case of offences for which the setting in motion of the criminal action shall be made only upon the complaint of the injured person's prior, though they are blatant and committed as stipulated in art. 466, finding their Commission is mandatory and is done according to art. 467. The procedure for tracking and adjudication as provided for in this chapter shall apply only in cases of offences referred to in article 1. 279 paragraph 2. 2(a) b) and (c) if the injured party) and introduced within 24 hours of committing flagrant crime complaint prior to prosecution. To this end, the injured party is required and when asked by the prosecution whether he understands to make complaint within the time limit indicated above. "
33. In article 483 paragraph 1 shall read as follows: "cases where the defendant is a minor shall judge the competence according to the usual rules, judges appointed by the President of the Court."
34. article 504 (4) shall read as follows: "Persons referred to in paragraph 1. 1 and 2, which were classified under arrest before the li work, calculate the length of time and work as well as were arrested, and the persons referred to in paragraph 1. 1 shall be calculated from the length of the work and how much time they executed punishment in the workplace. "


Article 3 Law No. 23/1969 relating to the enforcement of sentences, as amended, modified and completed as follows: 1. the name of Chapter 1 ^ 1 will be the following: "the execution of death penalty at work" 2. Article 30 ^ 1 shall read as follows: Art. 30 ^ 1 is executed Punishment in the workplace in the institution or trader-where the condemned carries the date of application of the death penalty, if it has given its consent, pursuant to the mandate of enforcement issued on the basis of the judgement of final conviction. During the execution of criminal sentences, the employment contract is suspended.
Where the decision of condemnation was ordered as punishment to execute in a different drive than the one in which condemned their conduct activities on the application of the death penalty, the contract of employment is terminated. The death penalty is executed in accordance with the mandate of enforcing the death penalty, without having to conclude a contract of employment.
The provisions of paragraphs 1 and 2. 2 apply properly and when the condemned do not conduct business at the date of application of the death penalty. "
3. Articles 30 ^ 2 and 30 ^ 3 is repealed.
4. Article 30 ^ 4 shall read as follows: Art. 30 ^ 4 from the detainee's due, according to legal norms, for the work done, the unit retains the shed 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% net revenue share between 8.001-10,000 lei;
  

(c) 35% for the part) of the net income of between 11-12,000-lei;
  

d) 40% for the portion of the net income exceeding 12,000 lei.
  

If the convict is a minor, the odds are reduced by half.
In the case of persons who, under the law, people in maintenance, referred to. a), b), c) and (d)) shall be reduced to 15%, 20%, 30% and 35%, respectively. "
5. Article 30 ^ 5 shall read as follows: Art. 30 ^ 5 Convict is obliged to submit to the unit where to execute punishment within 5 days after receiving the mandate.
The convict is obliged to adequately fulfil all the duties he has to work with what the rights according to the law, with the limitations laid down in article 23. 86 ^ 8 of the penal code.
Work cannot be exchanged at the request of the sentenced person, than by the decision of the Court.
The convict must respect also the supervisory measures and obligations laid down by the Court under art. 86 ^ 8 para. 3 of the penal code. "
6. Article 30 ^ 6 shall read as follows: Art. 30 ^ 6

The unit shall notify the enforcing court date on the convict and keep track of the time it is absent from the workplace in order to ensure full execution of the death penalty.
The leadership of the Unit provide convict labor conditions for it to be able to fulfil the obligations incumbent upon them and shall, when appropriate, a team which will oversee the conduct of the sentenced person, leaning on him for the purpose of providing incentives to him.
The unit cannot loosen the employment contract for the duration of the convict's sentence at work, except for the revocation and annulment of the sentence in the workplace.
If during the implementation of the execution of the judgement of conviction or during execution of situations that arise, independent of the will of the detainee or the unit require changing the place of work, the unit shall notify the judge delegated with the execution.
Receiving notification, the judge delegate execution check the grounds and, where appropriate, take enforcement measures or further execution times referred the matter to the Court. "
7. Article 30 ^ 7 shall read as follows: Art. 30 ^ 7 If arises a cause for revocation or cancellation of the sentence in the workplace, the unit or, where appropriate, the police, the public prosecutor shall refer the matter without delay to the times condemned the Court jurisdiction under art. 447 ^ 1 of the code of criminal procedure. "
8. Article 30 ^ 8 shall read as follows: Art. 30 ^ 8 on expiry of sentence, release the detainee a certificate of execution of punishment and shall notify the Court of enforcement and local police body. "


Article 4 of the Labour Code amend to read as follows: 1. Article 172 paragraph 3 shall read as follows: "disputes between the persons placed in work units, in relation to the conclusion, execution and termination of the employment contract, litigation work and resolve by courts or other bodies stipulated by law."
2. Article 173 shall be repealed.
3. Article 174 shall read as follows: Art. 174 Are within the competence of the courts of law all disputes which are not given through an express provision in the competence of other bodies. "


Article 5 of the Civil Procedure Code changes as follows: 1. Article 1, point 2 shall read as follows: "2. the rulings against administrative organs handled fairly, confidentially, in the cases provided by law."
2. Articles 22 and 109 ^ 1 ^ 1 is repealed.


Article 6 Law No. 58/1968 for judicial organization, with subsequent amendments, changes as follows: article 4, point 2 (a)) shall read as follows: "causes of crimes) as indicated in art. 279 paragraph 2. 2(a) a) of the code of criminal procedure. "


Article 7, law No. 59/1968 committees, with amendments, Decree nr. 218/1977 on transitional measures relating to reeducation through labor and sanctioning persons who have illustrious deeds provided for in the criminal law, as amended, and any other provisions contrary to this law are hereby repealed.
Causes, from the date of entry into force of the present law, the trial committees, are sent to district courts in whose territorial RADIUS working committees.
Decisions handed down by the Court, prior to the entry into force of this law, are subject to rights of appeal and time limits for the exercise provided for by applicable law prior to that date.


Article 8 Causes pending trial in military courts on the date of entry into force of this law will continue to be judged by them until definitive rulings lag.
In the event of an appeal, if the disposal decision and send the case for retrial, cause it will judge the competent courts, in accordance with the provisions of this law.
The causes of the crimes that have been removed from the jurisdiction of the military prosecution, pending criminal charges from the date of entry into force of this law, the jurisdiction of the County Prosecutor's Office bodies. Tracking documents and works carried out are not valid.


Article 9 If the prison punishment for which was willing to order the correctional work was not put into execution or could not be performed for reasons not attributable to the defendant until the date of entry into force of this law, the Court which pronounced the judgement of conviction will have ex officio be conditional suspension of prison sentence, either replacing prison sentence with a fine penalty , in relation to the death penalty, the nature of the offence and with the perpetrator.
Conditional suspension of sentence may not even if it has fulfilled the conditions set out in art. or in article 81. 86 ^ 1 of the penal code.
The fine will be determined within the limits and according to the criteria laid down in article 23. 63 of the penal code.


Article 10 entry into force of this law shall be supplemented by the establishment of the schemes of the courts with three posts of judges and clerks, three posts of county courts with two posts of judges and the Court of Bucharest with five posts of judges.
It is also supplemented by diagrams of organizing local procuraturilor with two posts of prosecutors.
Ministry of economy and finance will introduce appropriate amendments arising out of the provisions of the preceding paragraph in financial and economic indicators of the Ministry of Justice and the Prosecutor.
This law was adopted by the Senate at its meeting on 2 September 1992, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting on 3 September 1992 in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES MARTIAN D — — — — — — — — — — — — — — — —