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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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LEGE No 141 of 5 November 1996 amending and supplementing the Code of Criminal Procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 289 of 14 November 1996



The Romanian Parliament adopts this law + Article I The Code of Criminal Procedure shall be amended and supplemented as follows: 1. Article 11, point (1) c) will have the following contents: " c) termination of criminal proceedings, in the cases provided for in Article 10 lit. f)-h) and j), when there is accused or defendant in question. " 2. Article 26 (2) (a) shall read as follows: " a) crimes against property owned, administration or use of the Ministry of National Defence, Ministry of Interior, Ministry of Justice-General Department of Prisons-, Romanian Intelligence Service, Service of Foreign Intelligence, the Special Telecommunications Service and the Protection and Guard Service, which by nature or their destination have a military character or are interested in the defense capacity or the safety of the state; " 3. Article 26 (3) shall read as follows: "" 3. Crimes committed in connection with the service by civil employees of the Ministry of National Defence, Ministry of Interior, Ministry of Justice-General Directorate of Prisons-, Romanian Intelligence Service, Information Service External, Special Telecommunications Service and Protection and Guard Service, except for those given by law in the jurisdiction of other courts. " 4. Article 27 (1) (a) shall read as follows: " a) the offences provided in the Criminal Code in art. 174-177, 179, 189 para. 3 3, art. 190, 197 para. 2 2 and 3, art. 209 209 para. 3 3, art. 211 211 para. 2 2 and 3, art. 212, 215 para. 5 5, art. 215 ^ 1 para. 2 2, art. 218, 219 para. 3 if the act had as a result a disaster and para. 4 4, art. 238, 239 para. 3 3, art. 248 ^ 1, 252, 254, 255, 257, 266-270, 273 para. 2 2, art. 274 274 para. 2 2, art. 275 275 para. 3 3, art. 276, 279 para. 3 3, art. 279 279 ^ 1, 280, 280 ^ 1, 282-285, 298, 302 ^ 2, 312 and 317, as well as the smuggling offence, if it had as its object weapons, ammunition or explosive or radioactive matter; " 5. in Article 27, point 1, points c), d) and e) shall be inserted after point b) and point (c) shall become the letter f): " c) the national security offences of Romania provided for in special laws; d) the crime of fraudulent crossing of the state border, in cases where the special minimum of the sentence is 2 years or higher; e) the crime of fraudulent banknote, if the act concerns the banking system; " 6. Article 28 (1) (b) shall read as follows: " b) the offences referred to in Article 27 27 section 1 lit. a), b) and c), committed by the military to the rank of captain including or committed in connection with the service by civil employees of the Ministry of National Defence, Ministry of Interior, Ministry of Justice-General Directorate of Prisons -, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service; " 7. In Article 28 ^ 1, paragraph 1, letters b) and c) shall read as follows: " b) the crimes committed by the judges of the judges and tribunals, by prosecutors from the prosecutor's offices of these courts, as well as by public notaries; c) the crimes committed by the judges, prosecutors and financial controllers of the county accounts chambers; " 8. Article 28 ^ 2 (1) (a) shall read as follows: " a) the offences provided by the Criminal Code in art. 155 155-173 and art. 356-361, committed by military or committed in connection with the service by civil employees of the Ministry of National Defence, Ministry of Interior, Ministry of Justice-General Directorate of Prisons-, Romanian Intelligence Service, Foreign Intelligence Service, Special Telecommunications Service and Protection and Guard Service; " 9. Article 37 (1) shall read as follows: " In cases of indivisibility provided in art. 33 lit. a) and b), as well as in those of connection, the cases are brought together if they are before the first court of law, even after the abolition of the judgment with reference by the appellate court or after the casing with reference by the court of appeal. " 10. Article 64 shall read as follows: " The means of proof + Article 64-The means of proof by which the facts can be found which may serve as evidence are: statements of the accused or defendant, statements of the injured party, of the civil party and of the civilly responsible party, the statements witnesses, documents, audio or video recordings, photographs, material means of evidence, technical-scientific findings, forensic findings and surveys. " 11. In Article 85, paragraphs 6 and 7 shall read as follows: " The situations referred to in par. 3, 4 and 5 shall be retained by the judicial body on the basis of the claims made by the witness. After the taking of the oath or after the utterance of the formula provided in paragraph 5, it will be considered to the witness that, if he does not tell the truth, he commits the crime of false testimony. " 12. Article 90 (2) shall read as follows: "There are also means of proof of minutes and acts of finding, concluded by other bodies, if the law provides for it." 13. In Chapter II, after Section V is inserted Section V ^ 1, called "Audio or video recordings", which will have the following contents: "" Section V ^ 1 Audio or video recordings Records of calls + Article 91 ^ 1-Magnetic tape recordings of conversations made with the reasoned authorization of the prosecutor designated by the first prosecutor of the Prosecutor's Office of the Court of Appeal, in cases and under the conditions provided by law, if given or indications thorough preparation or commission of a crime for which prosecution is made ex officio, and interception is useful, for finding the truth, may serve as means of proof if from the content of recorded conversations results facts or circumstances likely to contribute to the finding of the truth. The authorization of the prosecutor shall be given for the duration necessary to register, up to no more than 30 days, unless the law has otherwise. The authorisation may be extended under the same conditions, for duly justified reasons, each extension not exceeding 30 days. The records provided in par. 1 may also be made at the reasoned request of the injured person regarding the communications addressed to him, with the authorization of the prosecutor appointed by the Prosecutor General. Record certification + Article 91 ^ 2-About making the records referred to in art. 91 ^ 1, the prosecution body shall draw up a report stating the authorization given by the prosecutor for the interception, number or number of telephone posts between which the calls are made, the names of the persons who gate, if known, the date and time of each call in part and the order number of the roll or box on which the printing is made. The recorded conversations are fully rendered in written form and attached to the minutes, with the certification for authenticity by the prosecution body, verified and countersigned by the prosecutor carrying out or supervising the prosecution in question. The minutes shall also attach the box or roll containing the recording of the convent, in original, sealed with the seal of the prosecution body. Other records + Article 91 ^ 3-Modalities and conditions for making records shown in art. 91 ^ 1 and 91 ^ 2 are also applicable in the case of any other recording of magnetic tape calls, authorized according to the law. Image recordings + Article 91 ^ 4-Provisions art. 91 ^ 1 are also applicable in case of registration of images, and the procedure for their certification is that provided in art. 91 91 ^ 2, except in the written form, as the case may be. Verification of means of proof + Article 91 ^ 5-The means of proof provided for in this section may be subject to technical expertise at the request of the prosecutor, the parties or ex officio. The records provided for in this section, presented by the parties, may serve as means of proof, unless prohibited by law. " 14. Article 149 (1) shall read as follows: " The duration of the defendant's arrest may not exceed 30 days, unless she is extended under the law. The term flows from the date of issue of the warrant when the arrest was ordered after hearing the defendant, and in the case when the arrest was ordered in the absence of the defendant, the term flows from its presentation to the judicial body that issued mandate. " 15. Article 159 (6) shall read as follows: "The court shall rule on the extension of the preventive arrest before the expiry of the term of office and shall return the file to the prosecutor within 24 hours of delivery." 16. Article 159 (7) shall read as follows: " The conclusion by which it was decided on the extension of the arrest can be appealed by prosecutor or defendant. The term of appeal is 3 days and flows from the pronouncement for those present and from communication for the missing. The appeal declared against the conclusion ordering the extension of the preventive arrest is not suspensive of execution, and the appeal declared against the conclusion ordering the rejection of the extension of the preventive arrest is suspensive of execution. " 17. Article 160 shall read as follows: " Procedure in cases with several arrested + Article 160-When in the same case there are several defendants arrested for which the duration of the extension of the arrest expires on different dates, the first prosecutor of the prosecutor's office or, as the case may be, the chief section prosecutor of the General Prosecutor's Office the court according to 156 for one of the defendants, he will also refer the other defendants to the court. " 18. Article 160 ^ 2 (2) shall read as follows: " Provisional release under judicial review is not granted if the defendant is a repeat offender or there is data that justifies the fear that he will savor another crime or that he will try to thwart the finding of truth by influencing some witnesses or experts, alteration or destruction of evidence by such other acts. " 19. Article 160 ^ 4 (3) shall read as follows: " The provisional release on bail is not granted in the case of committing intentional offences for which the law provides prison sentence of more than 7 years or when the defendant is a repeat offender, or there is data justifying the fear that the defendant will savirsi another crime or will try to thwart the finding of truth by influencing witnesses or experts, altering or destroying material means of evidence, or through other such acts. " 20. Article 160 ^ 5 (2) shall read as follows: "The amount of bail is at least 2,000,000 lei." 21. Article 160 ^ 5 (4) (d) shall read as follows: "d) the sentence of the fine or the sentence of the prison with the conditional suspension of the execution or suspension of execution under supervision or execution at work shall be pronounced;" 22. Article 160 ^ 10 (1) (b) shall read as follows: " b) the defendant does not meet, in bad faith, his obligations according to art. 160 ^ 2 para. 3 3 and art. 160 ^ 4 para. 2 or attempts to thwart the finding of truth or commit again, with intent, a crime for which he is pursued or judged. " 23. Article 163 (4) shall read as follows: " Goods belonging to a unit of those to which art is referred may not be seized. 145 of the Criminal Code, as well as those exempted by law. " 24. Article 163 (6) (a) shall read as follows: "" a) if a damage to one of the establishments to which art is referred has been brought by the offence. 145 of the Criminal Code, without distinction, whether or not it is a civil party constituted; " 25. Article 163 (6). c) is repealed. 26. Article 164 (3) shall read as follows: " The precautionary measures ordered by the prosecution body or by the court may be brought to fruition and by the own enforcement bodies of the damaged unit, if this is one of those to which art. 145 145 of the Criminal Code. " 27. Article 165 (3) shall read as follows: "Perishable goods are handed over to commercial units with majority state capital, according to the profile of the activity, which are obliged to receive and capitalize on them immediately." 28. Article 171 (2) shall read as follows: " Legal assistance is mandatory when the accused or defendant is a minor, military term, military with reduced term, reservist, concentrate, student of a military educational unit, hospitalized in a re-education center or in an institute medical-educational or when he is arrested, even in another case. " 29. Article 198 (1) shall read as follows: "The following deviations committed during the criminal proceedings are sanctioned with a judicial fine from 20,000 lei to 100,000 lei." 30. Article 198 (1) (c) shall read as follows: "c) unjustified lack of the quoted witness, expert or legal interpreter;" 31. In Article 198, after paragraph 1, a new paragraph is inserted, which shall become paragraph 2 with the following contents: "The unjustified lack of the defender, elected or appointed ex officio, when the legal assistance of the accused or the defendant is mandatory, according to the law, is sanctioned with a judicial fine from 100,000 lei to 500,000 lei." 32. Article 209 (3) shall read as follows: " The prosecution shall be carried out, compulsorily by the prosecutor, in the case of the crimes provided in art. 155-173, 174-177, 179, 189 para. 3 3, art. 190, 191, 211 para. 3 3, art. 212, 236, 236 ^ 1, 238, 239, 239 ^ 1, 250, 252, 254, 255, 257, 265, 266, 267, 267 ^ 1, 268, 273-276, 279 ^ 1, 280, 280 ^ 1, 302 ^ 2, 317 and 356-361 of the Criminal Code, in the case of crimes shown in art. 26 26 section 2 lit. a), art. 27 27 section 1 lit. b) and c), art. 28 28 ^ 1 pt. 1 1 (b) and c), art. 28 28 ^ 2 pt. 1 lit. b) and art. 29 29 section 1 1 of this code, as well as in the case of crimes against labour protection. " 33. In Article 217, after paragraph 2, a new paragraph is inserted, which becomes paragraph 3, with the following contents: "In cases taken by a central criminal investigation body, the supervision shall be exercised by a prosecutor from the General Prosecutor's Office of the Supreme Court of Justice." 34. Article 221 (4) shall read as follows: " When a crime occurred through the commission of a crime, one of the units to which art refers. 145 of the Criminal Code, the damaged unit is obliged to notify the prosecution body immediately, to present explanatory situations regarding the extent of the damage, data on the facts by which the damage was caused and to be constituted civil party. " 35. Article 224 (2) shall read as follows: " Also, in order to collect the data necessary for the prosecution bodies for the start of criminal prosecution, may carry out prior acts and operative workers from the Ministry of Interior, as well as from the other state bodies with duties in the field of national security, namely designated for this purpose, for acts constituting, according to the law, threats to national security. " 36. Article 242 (1) shall read as follows: " The termination of the prosecution takes place when the existence of any of the cases provided for in art. 10 lit. f)-h) and j) and there are accused or defendant concerned. " 37. Article 243 (1) shall read as follows: " The criminal investigation body, when it finds the existence of any of the cases provided in art. 10 lit. f)-h) and j), submit to the prosecutor the file together with proposals to terminate the prosecution. " 38. Article 247 shall be repealed. 39. Article 249 ^ 1 shall read as follows: " Implementation of the order by which a sanction of an administrative nature has been applied + Article 249 ^ 1-If the removal from prosecution pursuant to art. 10 lit. b ^ 1), the execution of the rebuke or the warning with warning, provided in art. 91 of the Criminal Code, applied by the prosecutor, is made according to art. 487 487, which shall apply accordingly. The execution of the administrative penalty of the fine is carried out according to art. 442 442 and 443. Against the ordinance ordering the removal from prosecution pursuant to art. 10 lit. b ^ 1) the complaint may be made within 5 days from the notice provided in art. 246. The execution of the ordinance by which the administrative sanction of the fine was applied shall be made after the expiry of the term provided in par. 3, and if the complaint was made and was rejected, after its rejection. " 40. Article 262 (2) (a) (2) is repealed. 41. Article 274 (1) shall read as follows: " In cases of resumption of the prosecution provided in art. 270 lit. a) and c), the 30-day period regarding the measure of arrest of the defendant flows from the date of taking this measure, and if the case is returned by the court and the defendant is arrested, the term flows from the date of receipt of the file by prosecutor. " 42. Article 315 (1) shall read as follows: " The prosecutor is obliged to participate in the court hearings of the courts, in the cases in which the court was notified by indictment, in the cases in which the law provides for the crime committed the prison sentence of 2 years or higher, in the cases in which any of the defendants are in a state of detention or is a minor, as well as if the sentence of the fine with that of the prison is ordered to be replaced. At court hearings on other crimes, the prosecutor participates when he considers it necessary. " 43. Article 350 (3) (b) shall read as follows: "b) a prison sentence, with conditional suspension of execution or suspension of execution under supervision or with execution at work." 44. Article 357 (3) shall read as follows: " When the court pronounces the prison sentence or the prison sentence with execution at work, in the judgment it is made mention that the convicted person is deprived of the rights shown in art. 71 of the Criminal Code, for the duration provided in the same article. 45. Article 372 (2) shall read as follows: "Also, in the appeal declared by the prosecutor in favour of a party, the appellate court cannot aggravate its situation." 46. Article 385 ^ 1 last paragraph shall read as follows: " The sentences in respect of which the persons referred to in art. 362 did not use the path of the call or when the call was withdrawn, if the law provides for this remedy. Against decisions rendered on appeal, the persons referred to in art. 362, even if they did not use the call, they can declare appeal. " 47. Article 385 ^ 9 (1) (6) shall read as follows: "6. the prosecution or trial took place in the absence of the defender, when his presence was mandatory;" 48. Article 385 ^ 9 (1) (14) shall read as follows: " 14. when the wrong penalties were applied individualized in relation to the provisions of art. 72 of the Criminal Code or in other limits than those provided by law; " 49. in Article 385 ^ 9 (1), point 17 (1) is inserted after point 17, with the following contents: "" 17 ^ 1. when the ruling is contrary to the law or when by decision a wrong application of the law was made; " 50. Article 385 ^ 9 (1) (21) shall read as follows: "" 21. when the judgment in the first instance or on appeal took place without the legal citation of a party, or which, legally cited, was in impossibility to present itself and to notify about this impossibility. " 51. In Article 385 ^ 9, after paragraph 1, a new paragraph is inserted, which shall become paragraph 2, with the following contents: " The casing cases provided in par. 1 may be invoked, both with regard to the settlement of the criminal case, and of the civil nature of the case. " 52. In Article 385 ^ 9, paragraph 2, which becomes paragraph 3, shall read as follows: " The cases provided in par. 1 pct 1-7, 10, 13, 14, 17 ^ 1, 19 and 20 shall always be taken into account ex officio, and those of section 11 11, 12, 15, 17 and 18 shall be taken into account ex officio, only when they have influenced the judgment over the defendant. " 53. Article 385 ^ 10 (1) shall read as follows: "The appeal must be motivated, either in writing or orally, before the court." 54. in Article 385 ^ 15 (2), after paragraph 1, a new paragraph is inserted, with the following contents: "If he admits the appeal declared against the decision rendered on appeal, the appeal court shall also abolish the judgment of the first court, if the same violations of law are found as in the decision recurred." 55. Article 406 (3) shall read as follows: " At the same time, the court orders, if applicable, the refund of the fine paid and the seized wealth, as well as the judicial expenses that the one in favour of which the review was admitted was not held to bear, and for those sentenced to punishment prison with execution at work, refund of the quota made income to the state budget and calculation as seniority and continuity in work of the duration of the sentence executed. " 56. Article 407 shall read as follows: "" The Path of Attack + Article 407-Sentences of the review court, given according to art. 403 403 para. 3 3 and art. 406 406 para. 1, shall be subject to the same remedies as the judgments referred to in the review, and the decisions given in the appeal shall be subject to appeal. " 57. Article 410 (1) (I) (4) shall read as follows: " 4. when the wrong penalties were applied individualized in relation to the provisions of art. 72 of the Criminal Code or in other limits than those provided by law; " 58. Article 410 (1) (I) (6) shall read as follows: "" Six. when, wrongly, the defendant was acquitted for the reason that the act committed by him is not provided for by the criminal law or when, wrongly, the criminal proceedings were ordered to be terminated for the reason that there is trial authority on trial or a cause of removal of criminal liability or that the death of the defendant intervened; " 59. In Article 410 (1) (I), point 7 (1) is inserted after point 7, with the following contents: "" 7 ^ 1. when the ruling is contrary to the law or when the decision has made a wrong application of the law likely to influence the solution of the process; " 60. in Article 410 (1) (II), point 5 (1) is inserted after point 5, with the following contents: "" 5. ^ 1. the judgment took place without the legal citation of the parties or with the unfulfilled citation procedure; " 61. In Article 410, after paragraph 2, a new paragraph is inserted, which shall become paragraph 3, with the following contents: " The court, resolving the appeal for annulment, shall verify the judgments under appeal in respect of all the grounds for scrapping provided for in the preceding paragraphs, having previously put them in the parties 'discussion.' 62. In Article 411, after paragraph 3, a new paragraph is inserted, which becomes paragraph 4, with the following contents: "The courts are obliged within 10 days from the receipt of the request of the prosecutor's office to send for examination the files in which the decisions are final or, as the case may be, to communicate, at the same time, their judicial situation." 63. Article 412 is inserted after Article 412, which shall read as follows: " Extending the appeal for annulment + Article 412 ^ 1-Judgment of the appeal for annulment, the court shall examine the case by extension and of the parties to which it does not relate, and may also decide on them, without creating such a difficult situation. ' 64. Article 420 shall read as follows: "" Enforcement of prison sentence or life imprisonment + Article 420-The prison sentence and the sentence of life imprisonment shall be enforced by issuing the execution warrant. The execution warrant shall be issued by the executing court, shall be drawn up in three copies and shall include: the name of the court that issued the mandate, the date of issue, the data regarding the person of the convict provided in art. 70, the number and date of the decision that is executed and the name of the court that pronounced it, the sentence handed down and the text of the law applied, the time of detention and the preventive arrest that has been deducted from the duration of the sentence, the mention recidivist, the order of arrest and possession, the signature of the president, and the stamp of that court. " 65. Article 428 shall be repealed. 66. Article 429 (3) shall read as follows: " If the obligation to medical treatment accompanies the prison sentence or the detention for life or concerns a person in possession, the communication provided in par. 1 1 shall be the administration of the place of possession. " 67. Article 447 shall read as follows: " Revocation or cancellation of suspension of sentence + Article 447-On the revocation or cancellation of the conditional suspension of the execution of the sentence provided in art. 83 times in art. 85 of the Criminal Code or the suspension of the execution of the sentence under supervision, provided in 86 ^ 4 times in art. 86 ^ 5 of the Criminal Code, is pronounced, ex officio or at the prosecutor's notice, the court that judges or tried in the first instance the crime that could attract revocation or cancellation. If until the expiry of the test period the civil obligations provided for in art. 84 84 or those provided for in art. 86 ^ 4 para. 1 of the Criminal Code, the interested party or the prosecutor notifies the court that first ruled the suspension, in order to revoke the suspension of the execution of the sentence 68. After Article 447 ^ 1, reintroduce Article 448, which shall read as follows: " Replacing the sentence of life imprisonment + Article 448-Replacing the sentence of detention for life with the prison sentence shall be ordered ex officio or at the request of the prosecutor or the one convicted by the court of execution, and if the convicted one is in possession, the court corresponding in whose territorial area the holding site is located. The replacement decision, remaining final, shall be executed according to the provisions of art. 420-423 420-423. " 69. Section II of Chapter III of Title III of the Special Part shall be referred to as: "Remembering the execution of the prison sentence or life imprisonment". 70. The first phase of Article 453 (I) shall read as follows: "The execution of the prison sentence or life detention can be postponed in the following cases:" 71. Article 453 (2) shall read as follows: " The request to postpone the execution of the prison sentence or the detention for life can be made by the prosecutor, to be convicted, by the persons shown in art. 362 last paragraph, and in the case referred to in lett. c) of this article, and by the management of the unit to which the convict works. " 72. Section III of Chapter III of Title III of the Special Part shall be referred to as: "Discontinuation of the execution of the prison sentence or life imprisonment". 73. Article 455 shall read as follows: " Cases of interruption + Article 455-The execution of the prison sentence or life detention can be interrupted in the cases and under the conditions provided in art. 453, at the request of the persons shown in par. 2 2 of the same article. " 74. Article 491 ^ 1 shall read as follows: " Remembering or interrupting the execution of the measure + Article 491 ^ 1-The execution of the educational measure of admission to a re-education center can be postponed or interrupted in the cases and under the conditions provided in art. 453 453 and 455. " + Article II The following terms of the Code of Criminal Procedure and other laws with criminal procedural provisions are replaced as follows: "state or public organizations", "cooperative organizations or other public organizations", " enterprises and economic organizations of state, cooperatives or other public organizations "," public organizations "," organizations provided in art. 145 of the Criminal Code "," units of an organization from those provided in art. 145 of the Criminal Code "is replaced by" units to which art refers. 145 of the Criminal Code. " The term "organisation" shall be replaced by "establishment". + Article III The provisions of the Code of Criminal Procedure relating to the complimentary punishment of confiscation of wealth, except art. 406 406 para. 3 3 and art. 461 461 para. 3 3, is repealed. + Article IV The code of criminal procedure, as amended, including those brought by this law, will be republished in the Official Gazette of Romania. The Ministry of Justice is the only authorized to edit and publish, in volume, the official edition of the Code of Criminal Procedure. This law was adopted by the Senate at the meeting of September 25, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof.univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of September 30, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE ----------------