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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Law No. 137 of 24 July 1997 on pardon punishment published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 170 of 25 July 1997, the Romanian Parliament adopts this law.

Article 1 Is gratiaza in full: a) sentences up to two years in prison, as well as fine sentences up to 10,000,000 lei including, applied by the courts;

b) sentences up to five years in prison including, applied to those who, on the date of entry into force of this law, have reached the age of 60 years of age, pregnant women or women who have children up to 2 years.

Article 2 shall be gratiaza with 1/2, with imprisonment, imposed by the courts, more than two years but not exceeding five years.

Article 3 the provisions of art. 1 and 2 shall also apply to those who run the jail at work.

Article 4 Is gratiaza in full measure of internment in a re-education centre, as well as the measure of sending in a special school work and re-education taken against minors by the courts.
Benefit from pardon referred to in paragraph 1. 1 only minors who have executed at least one year of internment in a measure the center of rehabilitation or in a special school work and re-education.

Article 5 the provisions of art. 1-4 of this Act shall not apply to recidivistilor, as well as those who have committed the following crimes: a. Criminal Code offences against:-safety rule, provided for in art. 155-173;
-the crimes of murder, provided for in art. 174-177;
-serious injury under art. 182;
-flicks or injuries causing death, provided for in art. 183;
-the challenge of illegal abortion, provided by art. 185 paragraph 2. 1, 2 and 3;
-deprivation of liberty unlawfully, provided by art. 189;
-violation of domicile, as provided for by art. 192 para. 2;
-blackmail, as laid down in art. 194;
-rape, provided for in art. 197;
-incest, as laid down in art. 203;
-qualified theft, provided for in art. 209;
-robbery, provided by art. 211;
-fraudulent management, provided by art. 214;
-deception, provided by art. 215 paragraph 1. 2, 3, 4 and 5;
-embezzlement, provided by art. 215 ^. 2;
-ultrajul, provided for in art. 239 para. 2 and 3;
-evading or destroying of documents, provided for in art. 242;
-abuse of Office against public interests, provided for in art. 248;
-abuse of Office in the form prescribed by qualified art. 242 ^ 1;
-the taking of bribes, provided by art. 254;
-the giving of bribes, provided by art. 255;
-trafficking in influence, provided for in art. 257;
-torture provided for in art. 267 ^ 1;
-unjust repression under art. 268;
-escaping, provided by art. 269;
-facilitating the escape, provided by art. 270;
-failure to comply with court orders, provided by art. 271;
-failure to comply with their duties or the performance of their flawed, due, provided for in art. 273 para. 2;
-failure to comply with the duties of service science or have them stolen, provided for in art. 274 para. 2;
-leaving the station and this at work intoxicated, under article. 275;
-destruction and false flag, provided for in art. 276;
-accident and disaster, as provided by art. 277;
-non-compliance with weapons and munitions regime provided for in art. 279;
-failure to observe the regime of nuclear or other radioactive materials, provided by art. 279 ^ 1;
-counterfeiting of coins or other values, provided by art. 282;
-counterfeiting of foreign values, provided by art. 284;
-possession of instruments for the purposes of counterfeiting, as provided for by art. 285;
-speculation, provided by art. 295;
-deception regarding the quality of the goods provided for in art. 297;
-misappropriation of funds provided for in art. 302 ^ 1;
-contamination and transmission of venereal imunodeficitar syndrome acquired, provided for in art. 309;
-drug trafficking, provided for in art. 312;
-counterfeiting of food or other products provided by art. 313;
-încăierarea, provided by art. 322;
-Association for committing the offences provided for in art. 323;
-defection, provided by art. 332;
-unauthorized flight, provided for in art. 340;
-destroying, looting or appropriation of cultural values, provided for in art. 360. B. covered by special laws:-offences under article. 19-21 of law No. 51/1991 on national safety of Romania;
-offences under article. 37 para. 1 and 2 of Decree No. 328/1966 circulation on public roads;
-offences under article. 109, 110 and 115 of Decree nr. 443/1972 on the civil navigation;
-offences under article. 72 and 73 of Act No. 30/1978-the Romanian customs code;
-the offence provided for in art. 208 of law nr. 31/1990 on companies;
-offences under article. 10-16 of law No. 87/1994 on combating tax evasion.
Also, do not benefit from the provisions of this law to those who have committed offences for which the law provides for punishment by imprisonment of more than 15 years.

Article 6 Penalties applied for offences with imprisonment no longer run, and for offences committed up to the entry into force of this Act shall no longer apply the sanction of prison offences.

Article 7 the facts which, under art. 18 ^ 1 of the penal code, does not present the danger of a crime may not be imposed if they were related until the entry into force of this law.

Article 8 in cases where the prosecution has not started, and in the ongoing criminal investigation or trial, the criminal trial will start or, where appropriate, will continue, and after sentencing will be made applying the provisions of this law.

Article 9 does not apply to Pardon those who have not started the execution of the prison sentence or prison administrative sanction, because they were stolen from their enforcement, as well as those who have started, but subsequently stole.

Article 10 Those reprieved which, within 3 years, do an intentional offence shall carry, in addition to the penalty specified for that crime, and the punishment or the rest of the punishment remained unfulfilled, as a result of the application of this law.

Article 11 the provisions of this Act apply only to facts committed up to May 26, 1997.
This law was adopted by the Senate at its meeting on 9 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting on 10 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.