Law No. 141 Of 5 November 1996 For The Modification And Completion Of The Code Of Criminal Procedure

Original Language Title:  LEGE nr. 141 din 5 noiembrie 1996 pentru modificarea şi completarea Codului de procedura penală

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LAW No. 141 of 5 November 1996 for the modification and completion of the code of criminal procedure, the PARLIAMENT published in ISSUING OFFICIAL GAZETTE NR. 289 of 14 November 1996, the Parliament of Romania adopts this law.


Article of the criminal procedure code changed and completed as follows: 1. Article 11, paragraph 1 (a). c) shall read as follows: "(c) prosecution, termination) in the cases referred to in article 1. 10 lit. f)-h) and (j)), when there are supposedly in the cause or culprit. "

2. In article 26, paragraph 2 (a)) shall read as follows: "the offences against property) owned, administration or service Ministry of national defence, Ministry of Interior, Ministry of Justice-Directorate-General of prisons, the service of information, Foreign Intelligence Service, the Special Telecommunications Service and the protection and Guard Service, which by their nature or their destination have a military character or interested defence capacity times the safety State;"

3. Article 26, paragraph 3 shall read as follows: "3. Offences committed in connection with the civilian employees of the Ministry of national defense, Ministry of Interior, Ministry of Justice-Directorate-General of prisons-intelligence service, intelligence, foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service, except those given by law in the jurisdiction of other courts."

4. Article 27, point 1, letter a) shall read as follows: ") under the Criminal Code offences referred to in article 1. 174-177, 179, 189 para. 3, art. 190, 197 paragraph 2. 2 and 3, art. 209 paragraph 2. 3, art. 211 para. 2 and 3, art. 215 212, para. 5, art. 215 ^. 2, art. 218 219, para. 3 If the act resulted in a disaster and para. 4, art. 238, 239 para. 3, art. 248 ^ 1, 252, 254, 255, 257, 266-270, 273 para. 2, art. 274 para. 2, art. 275 paragraph 2. 3, art. 279 276, para. 3, art. 279 ^ 1, ^ 1, 280 280, 282-285, 298, 302, 312 ^ 2 and 317, and the crime of smuggling, though has dealt with arms, ammunition or explosive materials radioactive; "

5. In article 27, point 1, point b) after you enter the letters c), d) and (e)), and the letter c) gets the letter f): "(c) the national safety offences) of Romania provided for in special laws;

d) the crime of illegal immigration State, where a special minimum penalty is 2 years or more;
  

e) crime of fraudulent bankruptcy, if the Act concerns the banking system; "
  

6. Article 28 (1) (b)) shall read as follows: "(b) the offences referred to in article). 27 point 1(a). a), b) and (c)), perpetrated by the military up to the rank of Captain including times in connection with the killings of the civil service employees of the Ministry of national defense, Ministry of Interior, Ministry of Justice-Directorate-General of prisons-intelligence service, intelligence, foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service; "

7. In article 28, point 1 ^ 1, b) and (c)) shall read as follows: "b) crimes related to the judges, judges and courts, prosecutors from the public prosecutor's Office attached to these courts, and of notaries public;

c) crimes related by judges, prosecutors and financial controllers of the boards of County accounts; "
  

8. Article 28 (1) ^ 2 a) shall read as follows: "the offences provided for in the code) in art. 155-173 and article. 356-361, perpetrated by the military times committed in connection with the civil service employees of the Ministry of national defense, Ministry of Interior, Ministry of Justice-Directorate-General of prisons-intelligence service, intelligence, foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service; "

9. Article 37 paragraph 1 shall read as follows: "in cases of indivisibility. 33 lit. ) and (b)), as well as in the related actions are causes if they stood in front of the first instance court, even after the abolition of the judgment by the Court of appeal or after the disposal of the Court of appeal. "

10. Article 64 shall read as follows: "means the sample Article 64-sample Means by which to establish the factual elements that can serve as a sample of the accused's statements are: or of the defendant, the injured party, statements of the civil party and of the party responsible civilmente, witness statements, spoken or written, audio or video recordings, photos, sample materials, technical and scientific findings, forensic findings and expertise."

11. In article 85, paragraphs 6 and 7 shall read as follows: "the situations referred to in paragraph 1. 3, 4 and 5 shall be retained by the judiciary on the basis of statements made by the witness.
After taking the oath or after uttering the formula referred to in paragraph 5, shall be put to the witness, and in particular that, if he tells the truth, commits the crime of perjury. "

12. Article 90 paragraph 2 shall read as follows: "are also means of sample reports and findings, concluded by other organs, if the law requires it."

13. In chapter II, are inserted after section V section V ^ 1, called "audio or video Recordings" which shall read as follows: "section V ^ 1 audio recordings or video Recordings of talks Article 91 ^ 1-the magnetic stripe Records of calls made with the authorization of the prosecutor appointed by the first Prosecutor Prosecutor's Court of appeal, in the cases and under the conditions provided for by law If you are serious database connected with the preparation or hints or committing a crime for which prosecution is made ex officio, and eavesdropping is useful for finding out the truth, can serve as proof if the recorded conversations resulting from works or circumstances likely to contribute to finding out the truth.

Authorization of the Prosecutor shall be given for the time required for registration, up to a maximum of 30 days, unless the law provides otherwise. The authorization may be extended under the same conditions, for serious reasons, every extension neputind exceed 30 days.
The records referred to in paragraph 1. 1 can be made at the reasoned request of the injured person regarding communications addressed to him, with the authorization of the prosecutor appointed by the Attorney general is to say.
Certification records Article 91 ^ 2-About recordkeeping. 91 ^ 1, prosecution shall draw up a report stating the date of authorization of the Prosecutor to carry out interceptarii, the number or numbers of telephone stations between which are the names of those calls, bear, if known, the date and time of each call and the number of roller or box that you print. Recorded conversations are played entirely in written form and shall be attached to the minutes, with certification for authenticity by the prosecution, checked and countersigned by the Prosecutor who conducts or supervises the prosecution in the case. The report is also attached to the box or roll call containing the recording, in its original, sealed with the seal of the prosecution.

Other recordings Article 91 ^ 3-Ways and conditions for making the records referred to in article 1. 91 and 91 ^ ^ 1 2 are applicable, and any other records of conversations on the magnetic stripe, authorized under the law.

Records images in article 91 ^ 4-article 91 ^ 1 are applicable in the case of registration of images, and the certification procedure is the one set out in art. 91 ^ 2, with the exception of the written form, playback is appropriate.

Checking of means of proof to the article ^ 5-trial Means prescribed by this section may be subject to technical expertise at the request of the Prosecutor, the times.

The records covered by this section, presented by the parties, may serve as a means of sample, where they are not prohibited by law. "

14. paragraph 1 of article 149 shall read as follows: "the duration of detention in custody the accused may not exceed 30 days, unless it is extended under the law. The time-limit shall run from the date of issue of the mandate when the arrest was ordered after hearing the defendant, and in the case when the arrest has been ordered in the absence of the defendant, the time flows from its presentation to the judicial body that has issued the mandate. "

15. Article 159 paragraph 6 shall read as follows: "the Court shall have jurisdiction over the prolongation of preventive detention before the expiry of the term of Office and return the dossier to the Prosecutor within 24 hours after delivery."

16. Article 159 paragraph 7 shall read as follows: "the conclusion that decided on the prolongation of pre-trial detention can be appealed with the appeal of the Prosecutor or the accused. The time limit for appeal is 3 days and run from the pronunciation for those present and from communication to those who lack it. The appeal against the conclusion by which it was willing to extend the pre-trial detention is not the suspension of the enforcement and appeal against the closure of the willing rejection of the extension of the preventive suspension of enforcement is. "

17. Article 160 shall read as follows: "in cases with several arrested



Article 160-When in the same cause can be found several defendants arrested for term prolongation of arrest expire on different dates, senior public prosecutor public prosecutor's Office or, where appropriate, the Prosecutor Chief of section from the General Prosecutor's Office, which referred the matter to the Court under art. 156 for one of the defendants, will refer the matter to the Court and the other defendants. "

18. Article 160 (2) ^ 2 shall read as follows: "provisional release under judicial control shall not be granted where the defendant is there data that recidivist times justify the fear that he will savirsi another offence or that tries to zadarniceasca hearing truth through influencing of witnesses or experts, altering times trial means destruction by other such facts."

19. Article 160 (3) ^ 4 shall read as follows: "provisional release on bail is not granted in the case of intentional offences for which the law provides for punishment by imprisonment of more than 7 years of age or when the defendant is recidivist, or there is no data justified fear that the defendant will savirsi another offence or will try to zadarniceasca hearing truth through influencing witnesses or experts destruction, alteration of the times, material means or other such facts. "

20. Article 160 (2) ^ 5 shall read as follows: ' caution is at least 2,000,000 lei. "

21. Article 160 ^ 5 4) (d) shall read as follows: "(d)) rule the penalty of fine or penalty of imprisonment with conditional suspension of times suspended under supervision or with the execution of the work;"

22. Article 160 (1) ^ 10 b) shall read as follows: "(b) does not comply, the defendant) in bad faith, the obligations incumbent upon him under art. 160 ^ 2 para. 3 and art. 160. ^ 2 zadarniceasca or trying to finding out the truth of the times (1) again, with intent, an offence for which he is pursued or prosecuted. "

23. Article 163 paragraph 4 shall read as follows: "can't be seized property belonging to a unit from amongst those referred to in article 1. 145 of the penal code, and those exempted by law. "

24. paragraph 6 of article 163, paragraph a) shall read as follows: ' a) where the offence has been through a loss property of one of the establishments referred to in article 1. 145 of the penal code, without distinction, whether or not the civil party formed; "

25. Article 163 paragraph 6 lit. c) is repealed.
26. In article 164 (3) shall read as follows: "precautionary Measures ordered by the prosecution or the Court can be brought to fruition and through its own organs of execution of unit injured, where it is one of those referred to in article 1. 145 of the penal code. "

27. Article 165 paragraph 3 shall read as follows: "Perishable Goods shall be submitted to commercial establishments with majority state capital, according to the profile, which are obliged to receive them and let them capitalize immediately."

28. In article 171, paragraph 2 shall read as follows: "legal assistance is compulsory when invinuitul or the defendant is a minor, military, military reservist with reduced term, focused, a student of military educational establishments, hospitalized in a sanatorium or in a medical-educational Institute or if he is arrested, even to another cause."

29. Article 198 paragraph 1 first sentence shall read as follows: "the following infringements committed in the course of the criminal process is sanctioned with a fine of 20,000 lei from the judicial to the 100,000 lei."

30. Article 198 paragraph 1 letter c) shall read as follows: "(c) undue lack of witnesses), cited legal expert or interpreter;"

31. In article 198, after paragraph 1 insert a new paragraph which shall become paragraph 2 with the following content: "unjustified Absence, defender chosen or appointed ex officio, when legal assistance of the accused or defendant is mandatory under the law shall be sanctioned with a fine of 100,000 lei from judicial to 500,000 lei."

32. Article 209 paragraph 3 shall read as follows: "the prosecution must be carried out compulsorily by the Prosecutor in the case of offences referred to in article 1. 155-173, 176-178, 179, 189 para. 3, art. 190, 191, 211 para. 3, art. 212, 236, 237, 238 ^ 1, 239, 244 ^ 1, 250, 252, 254, 255, 257, 265, 266, 267, 268, 269 ^ 1, 273-276, 279, 280 ^ 1 ^ 1, 280, 302 ^ 2, 317 and 318-361 of the criminal code, the offences referred to in article 1. 26 item 2(a). a), art. 27 point 1(a). b) and (c)), art. 28 ^ 1 point 1 (a) (b)) and c), art. 28 ^ 2, point 1 (a). (b)) and art. 29 item 1 of this code, as well as in the case of offences against labour protection. "

33. In article 217, paragraph 2 after insert a new paragraph which shall become paragraph 3, with the following content: "in cases taken by an organ of the central criminal investigation, supervision shall be exercised by a Prosecutor from the General Prosecutor's Office attached to the Supreme Court of Justice."

34. Article 221 paragraph 4 shall read as follows: "When by committing a crime occurred a damage of one of the establishments referred to in article 1. 145 of the penal code, the pagubita is required to refer the matter without delay to the prosecution to submit explanatory circumstances regarding the extent of the damage, data about the facts by which damage was pricinuită and may be a party. "

35. Article 224, paragraph 2 shall read as follows: "in addition, in order to stringerii the data necessary for the organs of criminal prosecution commencement, may perform acts leading up to and the employees of the Ministry of internal affairs operatives and other State bodies involved in the field of national security, specifically designated for this purpose, for acts that constitute, according to the law, threats to national security."

36. Article 242 paragraph 1 shall read as follows: "the cessation of criminal prosecution takes place when it is noticed the existence of any of the circumstances specified in article 1. 10 lit. f)-h) and (j)) and there are supposedly in the cause or culprit. "

37. Article 243 paragraph 1 shall read as follows: "criminal investigation body shall, when the existence of any notice provided for in art. 10 lit. f)-h) and (j)), shall forward the dossier to the Prosecutor together with proposals for the termination of the prosecution. "

38. Article 247 shall be repealed.
39. In article 249 ^ 1 shall read as follows: ' the bringing into force of the Ordinance through which it has been applied to an administrative sanction in article 249 ^ 1-where was willing under criminal investigation removal pursuant to art. 10 lit. b ^ 1), execution of rebuke or rebuke with the warning provided for in art. 91 of the penal code, applied by the Prosecutor, is made according to art. 487, which properly applies.

Enforcement of administrative penalty of fine shall be carried out according to art. 442 and 443.
Against the order which ordered the removal of criminal prosecutions under article 13. 10 lit. b ^ 1) may be made in the complaint within 5 days of the notification provided for in article. 246. The bringing into force of the Ordinance establishing the administrative penalty shall be applied to the fine to be determined after expiry of the period referred to in paragraph 1. 3, and if they have been applied and was rejected after its rejection. "

40. In article 262, paragraph a, point 2) 2 is repealed.
41. Article 274 paragraph 1 shall read as follows: "in cases of criminal prosecution. 270 lit. ) and (c)), the term of 30 days to arrest the indicted person measure flows at the time of taking this measure, and in the case where the folder is returned by the Court and the defendant is arrested, the period shall run from the date of receipt of the dossier by the Prosecutor. "

42. Article 315 paragraph 1 shall read as follows: "the Prosecutor shall attend meetings of the judgment of the courts, in cases in which the Court was seised by indictment, in cases where the law provides for the offence committed two years jail or greater, in cases where any of the defendants was in a State of detention or is a minor as well as where it has fine punishment with the replacement of the prison. In the meetings of the Court about the other crimes, the prosecutor participates when deem it necessary. "

43. Article 350 (3) (b)) shall read as follows: "(b)) a punishment by imprisonment with conditional suspension of times suspended under supervision or with enforcement at the workplace."

44. Article 357 (3) shall read as follows: "When the Court rule the jail or prison punishment with enforcement at the workplace, the judgment shall make mention of the person convicted is deprived of rights referred to in art. 71 of the penal code, during the period provided for in that article. "

45. Article 372 paragraph 2 shall read as follows: "also, in the appeal of the Prosecutor on behalf of a party, the Court of appeal may not worsen its situation."

46. ^ 1 Article 385 last shall read as follows: "can't be appealed with respect to appeal the sentences to which the persons referred to in article 1. 362 did not use the path of a call or when the appeal has been withdrawn, if the law provides for this remedy. Against decisions handed down in appeal, persons referred to in art. 362, whether or not they used the call, they can appeal. "

47. article 385 par. 1 ^ 9 item 6 shall read as follows: "6. prosecution or judgement took place in the absence of Defender, when its presence was mandatory;"

48. article 385 par. 1 ^ 9 section 14 shall read as follows: "14. When punishments have been applied mistakenly identified individually in relation to the provisions of art. 72 of the penal code or other limitations than those laid down by law; "


49. In article 385 par. 1 ^ 9, insert after paragraph 17, point 17 ^ 1 with the following content: "17 ^ 1. When the judgment is contrary to the law or when decision was made a wrong application of the law; "

50. article 385 par. 1 ^ 9 point 21 shall read as follows: "21. When the first court judgement or appeal was held without the attendance of a party, or has been legally subpoenaed, unable to be present and to know about this impossibility. "

51. In article 385, paragraph 9 after ^ 1 insert a new paragraph which shall become paragraph 2, with the following content: "the end of use cases mentioned in paragraph 1. 1 may be invoked, both with regard to the settlement of the criminal side and the civil side of the case. "

52. In article 385, paragraph 9 ^ 2, renumbered 3, shall read as follows: "cases referred to in paragraph 1. 1 point 1-7, 10, 13, 14, 17, 19 ^ 1 and 20 are always taken into account ex officio, and the Nos 11, 12, 15, 17 and 18 shall be taken into account ex officio, but when impacted upon the judgment against the defendant. "

53. article 385 par. 1 ^ 10 shall read as follows: "the appeal must be motivated, either in writing or orally before the Court."

54. In article 385, paragraph 2 ^ 15 after paragraph 1, insert a new paragraph with the following: "where an appeal against the decision declared admissible in the Court of appeal, appeal and first instance judgment dissolved, if it finds the same violations of law as in decision recurată."

55. Article 406 (3) shall read as follows: "at the same time, the Court shall, if necessary, the refund of the fine paid and wealth confiscated, as well as expenses that one in favor of the revision was not accepted to bear them, and for those sentenced to jail with the execution of the work, the refund of the share made State budget income and calculate as old and continuity in the work of the duration of the punishment."

56. Article 407 shall read as follows: "the appeal court Sentences Article 407-review data under art. 403 paragraph 1. 3 and art. 406 para. 1, are subject to the same remedies as horses and decisions covered by the review, and decisions given in the call are subject to appeal. "

57. Article 410 (1) part I, section 4 shall read as follows: "4. When penalties have been applied mistakenly identified individually in relation to the provisions of art. 72 of the penal code or other limitations than those laid down by law; "

58. Article 410 (1) part I, item 6 shall read as follows: "6. when, in the wrong way, the defendant was acquitted on the grounds that the act committed by him is not provided by the criminal law or when, in the wrong way, it was criminal for trial cessation arranged that the reason that there are final or a cause of removing criminal liability as has occurred the death of the accused;"

59. In article 410 (1) part I, after item 7 item 7 is inserted: ^ 1 with the following content: "7 ^ 1. When the judgment is contrary to the law or when decision was made a wrong application of the law of nature to influence the solution process; "

60. In article 410 (1) part II, point 5 shall be inserted after point 5 ^ 1 with the following content: "5. ^ 1. judgment was held without the attendance of the parties or with the procedure of summoning unsatisfied; "

61. In article 410, after paragraph 2 insert a new paragraph which shall become paragraph 3, with the following content: "the Court addressing further appeal, check all the decisions contested grounds for cassation provided for in the preceding paragraphs, putting them in the prior discussion."

62. Article 411, after paragraph 3, insert a new paragraph which shall become paragraph 4 with the following content: "the courts shall be obliged within 10 days of receipt of the application for examination by the public prosecutor's Office to send folders where decisions are final or, where appropriate, to notify, in the same period, their legal situation."

63. article 412 is inserted After article 412 ^ 1, which shall read as follows: "Expanding the appeal in annulment of article 412 Judecind ^ 1-further appeal, the Court shall examine the cause through enlargement and about the parties to which it relates, where it may not decide and with respect to them, without creating such a heavy party."

420. Article 64 shall read as follows: "putting into execution of prison sentence or life imprisonment Article 420-prison and jail punishment on life are put in execution by issuing enforcement mandate. The term of execution is issued by the Court, shall be drawn up in triplicate and shall include: the name of the Court which issued the mandate, issue date, data on the person of the detainee. 70, the number and date of the judgment that is executed and the designation of the Court which pronounced a penalty handed down and the text of the law applied, during his detention and arrest that was deducted from the duration of the penalty, if the condemned is recidivist, order of arrest and detention, the President's signature and stamp of that Court. "

65. Article 428 is repealed.
66. article 429 (3) shall read as follows: "where compelling medical treatment came with jail or prison on life or concerns a person in detention, the communication referred to in paragraph 1. 1 shall be made to the place of detention administration. "

67. Article 447 shall read as follows: "the revocation or cancellation of the suspension of the sentence in article 447-Upon revocation or cancellation of conditional suspension 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 Prosecutor, the judge or the Court which tried the offence in the first court that could attract the revocation or cancellation.

If until expiry of the trial had not been respected civil obligations. 84 or those laid down in article 23. 86. ^ 1 of the penal code, the person concerned or the Prosecutor notifies the Court that pronounced the first suspension in court, with a view to revoking the suspension of the sentence. "

68. According to article 447 ^ 1 is reintroduced in article 448, which shall read as follows: "life imprisonment sentence on Replacement Article 448-Replacing the death penalty with life imprisonment penalty of imprisonment shall be ordered ex officio or at the request of the Prosecutor of the times condemned by the Court, and if the condemned is in the State of ownership, the appropriate court in whose territory is situated the place of ownership.

Judgment of replacement, the remaining final, put into execution according to the provisions of art. 420-423. ' 69. Section II of chapter III of title III of the special part will name: "the postponement of the execution of prison sentence or life imprisonment."
70. paragraph I of Article 453 first phase shall read as follows: "the execution of prison sentence or life imprisonment may be postponed in the following cases:" 71. Article 453, paragraph 2 shall read as follows: "the request for deferral of the execution of prison sentence or life imprisonment may be made by the Prosecutor, the sentenced persons referred to in art. 362 last paragraph, in the case referred to in subparagraph (a). c) of this article, and by directing the working unit the convict. "

72. Section III of chapter III of title III of the special part will designate: "interruption of the execution of prison sentence or life imprisonment."
73. Article 455 shall read as follows: "in cases of disruption Article 455-execution of prison sentence or life imprisonment may be interrupted in the cases and under the conditions laid down in article 23. 453, at the request of the persons referred to in paragraph 1. 2 of the same article. "

74. article 491 ^ 1 shall read as follows: "the postponement or interruption of the execution of the measure in the clinic Article 491 ^ 1-Enforcement measure of educational internment in a re-education centre can be postponed or interrupted in the cases and under the conditions laid down in article 23. 453 and 454. "


Article II the following terms of the code of criminal procedure and other provisions of the criminal procedural law shall be replaced as follows: "the State or public organizations", "cooperative organizations or other public organizations", "enterprises and organizations of the State or other public organizations of the co-operative", "public organizations", "organizations. 145 of the penal code "," units of an organization from those listed in article 1. 145 of the penal code "is replaced by" units referred to in article 1. 145 of the penal code ". The term "organization" is replaced with "unity".


The provisions of article III of the code of criminal procedure relating to the penalty of confiscation of property best; with the exception of art. 406 para. 3 and art. 461 para. 3, is repealed.


Article IV of the Criminal Procedure Code, with subsequent amendments, including those brought by this law, shall be in the Official Gazette of the Republic of Romania.
The Ministry of Justice is the only one authorized to edit and to publish, in the official Edition, volume of the code of criminal procedure.
This law was adopted by the Senate at its meeting on 25 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT prof. OLIVIU GHERMAN, PhD this law was adopted by the Chamber of deputies at its meeting on 30 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — —