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Law No. 54 Of 29 April 1931 To Amend Certain Articles Of The Law On The Court Of Cassation And Justice In December 20, 1925, With The Changes That Were Made By Laws Of 1 January 1929

Original Language Title:  LEGE nr. 54 din 29 aprilie 1931 pentru modificarea unor articole din legea pentru Curtea de casaţie şi justiţie din 20 Decembrie 1925, cu modificările ce i s'au făcut prin legile din 1 Ianuarie 1929

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LEGE no. 54 54 of 29 April 1931 amending certain articles of the law for the Court of Cassation and Justice of 20 December 1925, as amended by the laws of 1 January 1929
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 77 77 of 31 March 1932



+ Article UNIC Provisions of art. 3, 5, 6, 8, 13, 15, 17, 21, 31, 32, 33, 35, 36, 46, 65, 76, 88 and 89 of the Law of Cassation and Justice of 20 Decemvrie 1925, with the amendments made until today, are replaced as follows: "" Art. 3. -The court of cassation consists of a first president, three section presidents and 50 councillors. It is divided into three sections. Each section consists of a president and the number of councillors following: section I and III with 18 councillors each, and section II with 14 councillors. The section president and councillors are permanent at the wards they belong to. However, in case of a holiday at a ward, the Ministry of Justice, with the assent of the first president and the section presidents, can give preference to councillors from the other wards who ask for the vacant seats. Article 5. -The public minister under the Court of Cassation is composed of an attorney general and 6 prosecutors of the section. They are unremovable under the same conditions as the members of the Court of Cassation. Article 6. -Besides the Court of Cassation operates a number of assistant magistrates, namely: an assistant first-magistrate, three first-class assistant magistrates and 31 second-class assistant magistrates. Assistant magistrates are part of the court order. Article 8. -No one can be appointed assistant magistrate class II if he has not occupied the position of judge or prosecutor with a seniority of at least two years. They have the rank of judge of the court and will be able to be submitted on the spot, after the internship required by the law of judicial organization for magistrates, up to the degree of appeal court adviser. The assistant magistrates will be appointed only with the opinion of the Court of Cassation, and in terms of their submission on the spot and discipline will be applied the provisions of the law of judicial organization, corresponding to the degree they have in the magistracy. They are divided by sections by the first president, with the assent of the presidents and take the place of the first assistant magistrate, after seniority, in his absence. Article 13. -Whenever the need requires, the first president, agreed with the president of that section, will be able to decide the composition of a second full of judgment. At wards I and III will operate, on a mandatory basis, two complete formats of the section president. The court panels will be constituted with seven members. When a legal cause, this number cannot be fulfilled with members from the section of the section, the number is completed with the available councillors from the other wards, drawn with the first-president balls in the public meeting compared to the public ministry. Article 15. -If the number of voices required by the previous article does not meet, the panel called to decide on the divergence will be composed of 11 members. The composition of this number will enter the first president or the president of the respective section or his replacement, the present and non-representative members of the respective section, and the rest until the legal number is completed other sections, according to art. 13. If the appeal of the appeal again cannot form the majority of 7 voices, the appeal will be sent to the united sections. Article 17. -All sections and panels of the Court will hold at least four sessions per week. The united sections hold meetings of cateori must ask. In cases in which a section of the Court would find that it is the place to return to a jurisprudence established by one of its panels, in the course of 5 years prior to the judgment of the appeal in disrespect, the Court will be constituted with the panel required for divergence. When that caselaw was established by a complete divergence, during the 5 years referred to in the previous paragraph, or by the united sections of the Court, or when a section would find that it was the place to return to a case-law contrary, established by another section, the appeal will be sent directly to the county in a united section. Article 21. -The public ministry under the Court of Cassation, directly or at the request of the Minister of Justice, has the right to appeal before the Court of Cassation for Violation of Law: a) All completed decisions or acts of the courts given in any matter, and b) All decisions given by the special casing courts. The existence of a regular appeal of the party concerned cannot constitute a preclusion of the exercise of the right of the public ministry, even if a decision had been given on it, if the reason cited by the Prosecutor General was not discussed with the The party's appeal. The scrapping will be done in the exclusive interest of the law and will have no effect on the litigating parties. Appeal in the interest of the law is judged in all cases by the competent section. Article 31, p.I. -Section I judges appeals: a) in civil matters, except those referred to the sections of the others by this law and by special laws; b) in matters of electoral litigation. All this section judges appeals against decisions given in terms of fixing land prices expropriated for the cause of national utility. The citation of the parties in this matter will be made by display at the door of the first section 20 days before the trial deadline. This section will judge any other appeal not assigned to another section. + § § II. Section II judges appeals: a) In criminal matters, whether the crimes are provided in the criminal code or in special lei. The appeals declared against the sentences of the courts given as appellate courts passing to the courts of appeal and against the courts of last instance, which remain in the jurisdiction of the courts, shall be exempted; b) In the contrary to the decisions of the military courts within the 26 of the present law; c) In the case of decisions given by the forestry code d) In the case of customs decisions; e) In terms of furniture and real estate tracking, forced execution, attachment, appeals, insurer and judicial seizure; f) In terms of organization and administration of tuteles and curates; g) In terms of separation, security of children, food pensions of any kind and separations of patrimony; h) In the mining field in general. + § § III. Section III judges appeals: a) Against the decisions given in commercial matters; b) Against the decisions given by the Appeals Courts according to the law for the organization of theatres; c) Against the decisions given in the field of employment contracts; d) Against the decisions of the arbitrators in any matter; e) Against the decisions given pursuant to art. 66 bis of civil procedure; f) In matters of administrative litigation; g) In administrative and fiscal matters which are not given by special laws in the fall of other courts; h) Against the decisions of the High Court of Accounts; i) In the contrary to the decisions given in matters of pensions and any other appeals given by laws of the administrative litigation section; j) In the contrary to the decisions given in respect of expropriation, for the cause of public utility; k) Against the decisions given on the basis of the name law. This whole section also judges the conflicts of attribution. Article 32. -The paragraph is added. new. The appeal in criminal matters shall be filed with the Registry of the substantive court. Article 33. -The term of appeal in any matter is 30 days off from the communication of the contested decision, without distinction if the decision was given in absentia or contradictory. In the case of condomnation for murder or misdemeanor, the term of appeal is that provided in the criminal laws. Article 35. -The request in the scrappage will be accompanied by the fees provided by the stamp law or the poverty act. In the graceful affairs in which the substantive courts judge without citing the parties, the knowledge will be made by showing at the door of the ward 20 days before the court term. Article 36. -The appeal will have to be motivated by the very petition of appeal or by a special petition filed within the term of appeal, according to the provisions of art. 32 of the present law. In criminal matters, the reasons for scrapping will be filed at the latest on the eve of the first term. The reasons will have to be formulated in the first part in an enunciative form, indicating only the text of the law, or the principle of rape, and in the second part to follow the development. Once the term of appeal expired, the reasons for scrapping can no longer be filed nor changed. However, the Court will examine ex officio the reasons for public order, or if they are invoked by the parties even beyond the legal term of appeal. Within 15 days from the receipt of the copy of the appeal, with the reasons for scrapping, the intimate will be able to formulate its welcome by a memo submitted to the court where the appeal was addressed, in so many copies how many appellants are, plus a copy that will remain on file. He will justify paying the communication fees. After the expiry of the above period, the Registry of the Court of First Instance will take care to submit to the Court of Cassation the complete file with these documents and evidence of their communication, as well as the evidence of communication of the contested decision, or with the mention of its non-communication In civil and commercial affairs, in which the public ministry is called to conclude, according to the law, as in criminal affairs, the grounds for appeal will be filed with an additional copy intended for the prosecutor's office. Article 46. -After reading the report the President of the Court will give the floor to their parties or their associates, being able to limit In all appeals, without any exception, the Court will examine the reasons for scrapping and in the absence of the appellant. In order to establish that the appeal was introduced within the legal period, the clerks of the Courts of Appeal and of the courts will be obliged to make the mentions regarding the communication or non-communication of the decision under disciplinary sanction. In the absence of these mentions or evidence made on the day of the judgment by the intimates, that the appeal was introduced over the legal term, he will be considered as made within the deadline. Article 65. --para. 3-The first secretary is assimilated in grade and salary with court judges and judges. For doctors or licensed in law, the conditions of appointment to the post of first secretary, forward and disciplinary, are the same as for the assistant magistrates of the Court of Cassation, having the same position and rights in the judicial erarchy. In this case, the appointment and their submission shall be made with the assent of the Prosecutor General. The first secretaries, who do not possess such titles, can be assimilated to the rank and salary with the presidents of the court, after 6 years of age in their function, by the first president, together with the Prosecutor General. Article 76 shall be added paragraph 1. new. -The pending appeals given by the present law in the fall of other sections or courts, will be submitted ex officio to the sections or courts competent to judge them. These courts will set new court terms, at the arousing of the parties, except for criminal affairs where the deadlines will be fixed ex officio. Article 88. -The Minister of Justice is authorized, at the implementation of this law, to make a new distribution of members of the High Court, holding the account of their specialization, in agreement with the presidential college of the High Court. When present in the Court of Cassation of the three councillors delegated to the central review committee will become necessary for the formation of the panels, the Minister of Justice will be able to withdraw the delegation. In this case the ministry will delegate to the central review committee, with their will, two or three councillors among the councillors of the Appeal Courts, preferably from the local review committees, having the degree of Court councillors of cassation. Instead of the magistrates delegated from the local review committees, the minister will be able to delegate, with their will, other magistrates with the degree of Court councillors. Article 89. -This law is implemented on 15 April 1932. The Ministry of Justice is authorized and obliged to publish a new edition of the Court of Cassation Act of 1925, with all amendments made by this law. Voted by the Senate on 9 March and by the Assembly of Deputies on 26 March 1932. ------------