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Law No. 137 Of 24 July 1997 On The Pardon Of Some Punishments

Original Language Title:  LEGE nr. 137 din 24 iulie 1997 privind graţierea unor pedepse

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LEGE no. 137 137 of 24 July 1997 on pardoning certain penalties
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 170 170 of 25 July 1997



The Romanian Parliament adopts this law + Article 1 It is entirely pardoned: a) sentences with imprisonment up to 2 years inclusive, as well as penalties with a fine up to 10,000,000 lei inclusive, applied by the courts; b) prison sentences up to 5 years inclusive, applied to those who, on the date of entry into force of this law, have reached the age of 60, pregnant women or who have children up to 2 years. + Article 2 It is pardoned in part, by 1/2, the prison sentences, imposed by the courts, more than 2 years, but not exceeding 5 years inclusive. + Article 3 Art. 1 and 2 also apply to those who execute the prison sentence at work. + Article 4 It is entirely pardoned the measure of internment in a re-education center, as well as the measure of sending into a special school of work and re-education, taken towards minors by the courts. Benefit from the pardon provided in par. 1 only minors who have executed at least one year from the measure of admission to a re-education centre or to a special school of work and re-education. + Article 5 Art. 1-4 of this law does not apply to recidivists, as well as to those who have committed the following crimes: A. Regulated by the Criminal Code: -crimes against state security, provided by art. 155-173 155-173; -the crimes of murder, provided by art. 174-177 174-177; -serious bodily injury, provided by art. 182 182; -lovirile or injury causing death, provided by art. 183 183; -the illegal challenge of abortion, provided by art. 185 185 para. 1 1, 2 and 3; -deprivation of liberty illegally, provided by art. 189 189; -trespassing, provided by art. 192 192 para. 2 2; -blackmail, provided by art. 194 194; -rape, provided by art. 197 197; -incest, provided by art. 203 203; -qualified theft, provided by art. 209 209; -the robbery, provided by art. 211 211; -fraudulent management, provided by art. 214 214; -the deception, provided by art. 215 215 para. 2 2, 3, 4 and 5; -embezzlement, provided by art. 215 ^ 1 para. 2 2; -the ultrage, provided by art. 239 239 para. 2 2 and 3; -evading or destruction of documents, provided by art. 242 242; -abuse of office against public interests, provided by art. 248 248; -abuse of office in qualified form, provided by art. 248 248 ^ 1; -taking bribes, provided by art. 254 254; -the bribery, provided by art. 255 255; -influence traffic, provided by art. 257 257; -torture, provided by art. 267 267 ^ 1; -unjust repression, provided by art. 268 268; -the escape, provided by art. 269 269; -the facilitation of the escape, provided by art. 270 270; -non-compliance with court decisions, provided by art. 271 271; -non-performance of service duties or their faulty performance, at fault, provided by art. 273 273 para. 2 2; -failure to comply with the science of service duties or their faulty performance, provided by art. 274 274 para. 2 2; -leaving the station and present at the service drunk, provided by art. 275 275; -the destruction and false signaling, provided by art. 276 276; -the accident and the railway catastrophe, provided by art. 277 277; -non-compliance with the regime of weapons and ammunition, provided by 279 279; -non-compliance with the regime of nuclear materials or other radioactive materials provided by art. 279 279 ^ 1; -counterfeiting of coins or other values, provided by art. 282 282; -falsification of foreign values, provided by art. 284 284; -the possession of instruments for the falsification of values, provided by art. 285 285; -specula, provided by art. 295 295; -the deception on the quality of the goods, provided by art. 297 297; -diversion of funds, provided by art. 302 302 ^ 1; -venereal contamination and transmission of acquired immunodeficiency syndrome, provided by art. 309 309; -narcotic traffic, provided by art. 312 312; -falsification of food or other products, provided by art. 313 313; -the brawl, provided by art. 322 322; -association for the commission of crimes, provided by art. 323 323; -defection, provided by art. 332 332; -unauthorized flight, provided by art. 340 340; -destruction, looting or appropriation of cultural values, provided by art. 360. B. Regulated by special laws: --the offences provided by art. 19 19-21 of Law no. 51/1991 on the national security of Romania; --the offences provided by art. 37 37 para. 1 1 and 2 of Decree no. 328/1966 on traffic on public roads; --the offences provided by art. 109 109, 110 and 115 of Decree no. 443/1972 on civil navigation; -the offences provided by art. 72 72 and 73 of Law no. 30/1978-Customs Code of Romania; --the offence provided by art. 208 208 of Law no. 31/1990 on companies; --the offences provided by art. 10 10-16 of Law no. 87/1994 to combat tax evasion. It also does not benefit from the provisions of this law those who committed crimes for which the law provides for the prison sentence of more than 15 years. + Article 6 The sanctions with imprisonment applied for contraventions are no longer executed, and for contraventions committed until the entry into force of this law, the sanction of the contravention prison no longer applies. + Article 7 Facts that, according to art. 18 ^ 1 of the Criminal Code, does not present the social danger of a crime no longer sanctioned, if committed until the entry into force of this law. + Article 8 In the cases in which the prosecution did not begin, as well as in those under criminal prosecution or trial, the criminal trial will start or, as the case may be, continue, and after the establishment of the sentence the provisions of this law will be applied. + Article 9 The pardon does not apply to those who did not begin the execution of the prison sentence or the sanction of the contravention prison, because they absconded from their execution, as well as those who began the execution, but later absconded. + Article 10 Those pardoned who, within 3 years, commit an intentional offense will execute, in addition to the sentence established for that crime, and the sentence or the remaining sentence remaining unexecuted, as a result of the application of this law. + Article 11 The provisions of this Law shall apply only to acts committed until 26 May 1997. This law was adopted by the Senate at its meeting of 9 July 1997, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at its meeting on July 10, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN --------------