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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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 the laws of the ISSUING of 1 January 1929 the PARLIAMENT Published in MONITORUL OFICIAL nr. 77 of 31 March 1932 the sole article Dispoziţiunile article 3. 3, 5, 6, 8, 13, 15, 17, 21, 31, 32, 33, 35, 36, 46, 65, 76, 88 and 89 of the law court of Cassation and justice in 1925, with 20 Decemvrie amendments until today, are replaced by the following: ' article as well. 3.-the Court of Cassation shall consist of a President, a prime three Presidents of section and 50 advisors.
It is divided into three sections.
Each section is composed of a Chairman and the number ' advisors: section I and III with 18 councillors each, while section II with 14 Councillors.
President of the ward and Councillors are permanent wards in which they belong.
However, in the event of a holiday section, Ministry of Justice, with the assent of the first President and the Chairmen of the section, may give preference in other sections advisors requesting dela vacancies.
Art. 5. Minister of public advising the Court of Cassation shall consist of an attorney general and prosecutors of section 6. They are irremovable under the same conditions as members of the Court of Cassation.
Art. 6.-in addition to the Court of Cassation operates a number of judicial assistants, namely: a magistrate Assistant, three magistrates assistants grade I and II class 31 assistants to magistrates.
Magistrates assistants are part of the judicial order.
Art. 8.-no one can be appointed Assistant Magistrate class II if he occupied the function of a judge or Prosecutor with a seniority of at least two years. They have the rank of judge of court and may be go forward, after the qualifying period required by law by the judiciary for the magistrates up to the rank of Counsellor of the appeals court.
Judges will only appoint assistants with the opinion of the Court of Cassation, and with regard to their advancement and discipline will apply the dispoziţiunile law of judicial organization, corresponding to the degree it had in the HIPC initiative.
They can be divided to sections by the first President, with the assent of the Presidents and take the place of the magistrate Assistant, after, in his absence.
Art. 13.-whenever the need will be required, first President, agreed with the President of the section concerned, will be able to determine the composition of a second full courtroom. The sections I and III will be compulsory, second President of formats complete section.
Completele Court will constitute with seven members.
When suddenly a legal cause, this number cannot be fulfilled with members from the breast section, the number is supplemented by other available sections advisors, held the ball for the first public sitting President versus the public Ministry.
Art. 15.-in cases when no meets the required number of voices of the previous article, the Panel called upon to decide on any dispute shall consist of 11 members. In composing this number will be the first President or President of the Division concerned or replacement or, members present and nerecuzabili you and the rest of the section in question, until the completion of the legal number of advisers to the other sections, in accordance with art. 13. If the investigation of the appeal will not be able to form a majority of 7 voices, the appeal is sent in sections.
Art. 17.-all sections and will hold Court completele at least four sessions a week.
The United sections related cateori need meetings will be required.
In cases where a section of the Court who would find that it is the place of a jurisprudente established by one of its completele, during the 5 years preceding the worldwide judgment Appeal Court in disentiune, will be made with the Panel asked for divergence.
When that school was established by a complete divergence during the 5 year period referred to in the preceding paragraph, or the United sections of the Court, or when a section you find that is the place of the jurisprudente to the contrary, a set by another section, appeal will be sent directly to trial in sections.
Art. 21.-the public Ministry of the Court of Cassation, either directly or at the request of the Minister of Justice has the right to attack before the Court of Cassation for breach of law: a) All decisions of the attributes or acts of the courts in any given matter, and b) All decisions of the special courts data destruction.

The existence of an appeal of the party concerned cannot constitute a tripping of the exercise of the right of the public, even in the case when s ' would be given a year upon them, whether by reason of the Attorney general was not discussed during the appeal of the party.
Disposal will be made in the interests of the law and will not have any effect on the litigant parties.
The appeal is in the interest of the law judge in all cases jurisdiction section.
Art. 31, p.I.-judge Appeals Section: a) in civil matters, except those referred to the sections of this law and other by special laws; b) in terms of the electoral law.
All this section judge appeals against deciziunilor data in respect of expropriated land pricing for the cause of national utility.
The attendance of the parties in this matter will be made by showing the usa Division I 20 days before the deadline.
This section will judge any other appeal not assigned to another section.

§ II.
Section II: a) appeals judge in criminal matters, whether the crimes are laid down in the penal code or special leis.

It exempts appeals against judgements of the courts declared as instances of passing judgment on appeal in the courts of appeal and the judgment handed down against the last court that remain in competinţa courts;

b) In military courts against decisions within the limits of art. 26 of the law of the face;

c) against judgements given forest code;

d) against judgements given in customs matters;

e) in terms of real estate, movable tracking and execution, garnishment, seizure, contestatiuni insurer and judicial review;

f) in terms of organization and administration of tutelelor and curatelelor;

g) in terms of despărţenie, the children's Guard (pensions) food of all kinds and separations patrimonies;

h) in mining matters in general.

§ III.
Section III appeals judge: a) against judgements given in trade matters;

b) v. deciziunilor given by the courts of appeal according to law to organize theatres;

c) against judgements given in the field of employment contracts;

d) against decisions of the arbitrators in any matters;

e) in judgments against data pursuant to art. 66 bis from civil procedure;

f) In administrative matters;

g) In administrative and fiscal matters, which are not law-related data in other courts;

h) in the High Court against the deciziunilor of Auditors;

I deciziunilor The counter data) in the matter of pensions and any other remedies given by administrative law section;

v. decisions j) in the data in terms of expropriation, for the cause of public utility;

k) In data based decisions against law.

All this judging conflicts section debt collection.
Art. 32.-Add the paragraph 1. new. Appeal in criminal matters shall be lodged at the registry of the Court.
Art. 33.-the term of appeal in any matter is 30 days free from the presence of communication without the judgement appealed against distinctiune if the decision was given the lack or inconsistent.
In the case of condamnatiune for murder or an offence, the term of appeal is provided in criminal laws.
Art. 35. in a further application will be accompanied by the fees laid down by the law or the Act of stamps.
In graceful courts judge background without summoning the parties to inform will be done by displaying the door section with 20 days before the deadline.
Art. 36.-the appeal will have to be driven by its petition of appeal or by a special petition filed within the time limit for appeal in accordance with art. 32 of the Act from the face.
In criminal matters, the grounds for cassation to be lodged at the latest before the first deadline.
The reasons should be stated in the first part, in the form enunciativa, with only the text of the law, or principle of law violated, and in the second part to follow the development.
Once the time limit for appeal expired, grounds for cassation can no longer be submitted nor exchanged.
However, the Court will examine ex officio grounds of breaking the public order, or if the parts are invoked even over legal recourse.
Within 15 days of receipt of the copy on end from the appeal, with reasons for breakage, intimatul will be able to formulate his intampinarile through a memorandum filed with the Court where the appeal was addressed, in as many copies as many recurenti am plus one copy which shall remain on file. He will justify paying fees.
After the expiry of the above, the registry of the Court of the Fund will take care to submit the complete dossier to the Court of Cassation with these acts and evidence of their communication, as well as evidence of communication of the decision appealed against, or with the endorsement of her necomunicarii.
In civil and commercial affairs, in which the Ministry of public concluziuni e called to ask, under the law, such as criminal businesses and the grounds of appeal shall be filed with a specimen in addition intended prosecution.
Art. 46.-After reading the report of the President of the Court or parties will give their word advocatilor can limit the time of the discussion.
In all appeals, with no exception, the Court will examine the grounds for cassation and in the absence of recurentului.

In order to establish that the appeal was submitted within the deadline, the clerks of courts of appeal and courts will be required to furnish particulars regarding communication or communicate the decision appealed against under disciplinary sanction.
In the absence of such particulars or proof made in worldwide judgment day by intimaţi, as the appeal was placed over the lawful time limit, he will be considered as made on time.
Art. 65.-. 3-First Secretary is assimilated in the rank and salary with the judges of the tribunal and the judges.
For physicians or licensed in law, generally naming in the post of first Secretary, disciplinary, and drag are the same as for judges of the Court of Cassation assistants with the same pozitiune and erarhia rights in court.
In this case, the appointment and their advancement is made with the assent of attorney general.
The first Secretary, who does not possess such titles may be assimilated in the rank and salary with the Presidents of the tribunal, after 6-year-old in their function, by the first President, together with the Attorney general.
Art. Add 76 para. new. -Pending Appeals by law before the fall of the other sections or courts shall submit ex officio to the competent courts of the sections or judging them.
These instances will fix noui the deadlines but the parties, with the exception of Criminal Affairs where deadlines shall fix ex officio.
Art. 88. the Minister of Justice is authorized to implement this Act, make a new distribution of members of the High Court, taking into consideration their specialization's reckoning, in agreement with the College President of the High Court.
When the Court of Cassation of the three advisers in the central Committee delegates the review will become required training the right Court, 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 own advisors, two or three courts of appeal of councilors, preferably local review committees from the presence, extent of Attorneys General.
Instead magistrates local committees delegates dela review, the Minister will be able to delegate, with their own, other magistrates with counselors.
Art. 89.-this law will be implemented on April 15, 1932.
The Ministry of Justice is authorised and obliged to publish a new edition of the law of the Court of Cassation from 1925, with all amendments made by this Act.
Voted on by the Senate on March 9 and the Assembly of Deputies on 26 March 1932.