Law No. 80 Of 6 February 1941 To Suppress The Facts Put In Peril The Existence And Interests Of The State

Original Language Title:  LEGE nr. 80 din 6 februarie 1941 pentru reprimarea faptelor ce pun în primejdie existenţa şi interesele Statului

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Law No. 80 of 6 February 1941 to suppress the facts put in peril the existence and interests of the issuing State, the PARLIAMENT Published in MONITORUL OFICIAL nr. 31 of February 6, 1941, chapter I Offenses and penalties in article 1 shall be punished by death those who: a) Possess or bear weapons, muniţiuni, explosive without legal autorizaţiune;

b) Rob in bands, whatever the number of members of the public, their materials, commodities, muniţiuni, weapons, explosive times public money or homes;

c) Circumvent any muniţiuni, weapons of any kind, from barracks, warehouses, factories belonging to the State or private, or any army or local authorities responsible for maintaining order;

d) Urges by word of mouth or through any media at manifestaţiuni or actions with conspiracy against existing political or social order in State, Division or distribution of property tax relief, others times class struggle;

e) fire guns from buildings or shelters or anywhere on the members of the organs of public authority, Government or army, regardless of the result obtained;

f) Occupy public buildings without legal right;

g) Destroys public utility facilities;

h) Print, write, describe or multiplies in any way, or divide, manuscripts, drawings, sketches, manifests what it would contain an urge from committing an act, or the expression of an idea which constitutes a conspiracy against the existing order in the State.

Article 2 shall be punished with death following crimes provided for in the criminal code: the King's person and Attacks against the Royal family (art. 204); they counter the social order (art. 209, part II, letter a) and (c)); rebellion (art. 214); insurecţiunea Army (art. 211); military encroachment (art. 213); Coalition against State safety officials (art. 217); antimilitară incitement (article 218); plot (art. 227); the omission of the scheming of denunciation (article 228); rebellion (art. 259, 260, 261, 262); violence against social harmony (art. 330); facilitate crimes against public demands (article 335); the challenge of public danger (art. 352); the potential for catastrophe (art. 359, 360, 361, 364); danger of damage to the means of public communication by telephone, Telegraph, radio (art. 365, 366) and murder (article 463, 464, 1, 2, 3 and 8) when committed for the purpose of the conspiracy against the political agenda) or existing social Government. — — — — — — — — — — — — * Note) corrected Text according to rectification from official Gazette nr. 41 of 18 February 1941.

Article 3 shall be punished with forced labor for life those who during the actions with conspiracy against public order or social existence in the State;

the individual's liberty times) Reach his home;

b) Violates or usurps property;

c) Organizes from abroad or in the country for dau directive establishing organizations in order to disturb public order or safety of inner outer State times, or associates of such organizations;

(d) Make any way) the entry or exit from the country of persons working in the order indicated above;

e) Transmit or procure, in original or copy, a foreign Government, its agents or any other person without taking cognizance of them or divulge in everything or partly diplomatic documents or of any other kind, emanating from the Government or public authorities and State agenda ctscan in Romania;

f) in relation to any person, any public authority or international asociaţiune in the country or abroad, in order to receive instructions or AIDS of any kind for the preparation of a political or social revolution.

The punishment applies independently of the loss of citizenship.

Article 4 Is prohibited any unauthorised political Constitution of the State organizaţiune.

In article 5 it is prohibited the formation of asociaţiuni in whatever form or clandestine having a clandestine activity, such as: Masonic Lodges, groups, nuclei, nesting and other such formations opposing the existing order in the State.

Article 6 shall be prohibited the formation of organizations with religious, cultural, social, political, or whose purpose or activity tend to primejduirea order in the State and seek to give legal coverage of a prohibited activity.

Article 7 the rulers and those who belong to the fences or formations under article. 4, 5 and 6, shall be punished with forced labor for 10-25 years.
The mere attendance at any meetings or parties prohibited asociaţiunilor this law, as well as propaganda by words or by writing for them, or the transmission of oral or written orders in order to for the same purpose, shall be punished with the same punishment.

Article 8 is prohibited in military formation on the highways, streets, public squares, fold the end of political or social action.
It is also forbidden to sing in groups, on foot, in cars, on the train or using any other means of transport, areas which could be counted as the expression of certain political or social ideas, or reproduce by any means whatsoever, in public areas too.

Article 9 it is forbidden to participate in the manifestaţiuni street processions, for purposes of propaganda or any other actions with the character of scheming against the existing political or social order in the State.

Article 10 it is forbidden to receive, in any form, directly or through intermediary, sums of money or other material benefits from the Romanians, or the foreigners, for the purposes of the present law are terminated.

Article 11 the breaking dispoziţiunilor of articles 8, 9 and 10 shall be punished with hard work from 5 to 15 years.

Article 12 shall be punished with hard work from 5-10 years those who: a) Defames, insults, or bring difamează King, the ruler of the State or Government members;

(b) the Government or members) Accuse the heads of the Jewish spirit or Freemasonry, without necessarily proving Verity.

Article 13 shall be punished with a prison tough 3-10 years those who: a) affect the honour or dignity of Heads of public authorities or taken any actions liable to ştirbi the prestige of authority;

b) uniform, Wearing in public when it manifests itself through membership of an association or a settlement approved by the public authority or by law;

c) take or provide any kind of oath, in addition to the oath required or authorised by law;

d) Know the perpetrators of an offence provided for in this Act and not denouncing the authorities;

e) give material support, personally or as executives or managers times prepuşi associations or societies of any kind, in any way, some public authorities or asociaţiuni in the country or abroad pursuing purposes prohibited by this law.

Article 14 before the Embezzlement amount or the amount of 50,000 lei is punishable by forced labor from 5 to 8 years; from 50,000 lei lei to 1,000,000 hard work from 10 to 25 years; and if the amount or value of delapidată is greater than $ 1,000,000, punishment is death.
Common Dispoziţiuni to in article 15 under the sentencing of those convicted in the crimes referred to in this law, the courts will have jurisdiction and the following sanctions: 1. Degradation of civic life.
2. Forfeiture of the entire mobile and real estate fortunes.
3. Dismissal from public functions.
4. Loss of pension.
5. cancellation State diplomas you possess.
6. prohibition to handle any service or pastime, with intellectual character, under the sanction laid down in art. 24 para. final.
7. prohibition to wear decorations.
The confiscated goods will be passed on to the reconstruction of the State.

Article 16 when the offences covered by this law are committed by Jews or persons of a different ethnic origin than the Romanian Communists, the penalty will double, without being able to exceed the maximum overall.

Article 17, Instigators, accomplices and crimes favorizatorii tăinuitorii provided for in this law shall be punishable as perpetrators.
Those who participated in the offence, if, prior to being track, denouncing authorities on offenders will reduce the penalty to a degree when it is the death or forced labor for life. The latter will be reduced to a maximum of forced labour time bounded. In all other cases, the penalty shall be reduced to the minimum penalty provided for in this law.

Article 18 parents or guardians who do not exercise over minors under their supervision due vigil will be punished, if the minor performs any of the offences envisaged in this law, with correctional prison from 1 to 5 years, if the fact is not punished by this law with a greater punishment.
The same punishment will punish and patrons that knowing this law's provisions adverse activity of employees or apprentices from their undertaking, not încunoştinţează as authority. Lack of supervision of the employer, when employees or apprentices have committed one of the offences envisaged in this law, shall be punished by correctional prison from 6 months to 1 year.

Article 19 Those who live in the apartment from which the offence provided for in art. and (b). (e)), will be punished with the same punishment as the perpetrator of the crime.
Punishment will be to defend: those living in) the same apartment with încunoştinţat offender purtările authority were dubious of the offender;

b) Those in whose apartment the offender came through violence and had the possibility of denunciation.

Article 20

Juvenile offenders who have reached the age of 15 years shall be punished with the penalties provided for the principal.

Article 21 Associations and societies of all kinds, giving material support, in any way, a asociaţiuni or groups banned by this Act or any person who has committed offences envisaged by this law; will be disolva and shall confiscate the entire Fortune, without damage of the penal sanction provided for in art. 13 lit. e), their officers and directors.
The confiscated goods will be passed on to the reconstruction of the State.

Chapter II disciplinary measures Article 22 prohibited civil servants receive under any form or title of a retribuţiune to State, County, municipality, Director, House, administraţiune, special direction or any other public institution whose settlement times budget is subject to approval by an organ protected, to be part of any organizaţiune or political grouping of State Officials mentioned above. from the moment of sending them in court for any of the acts provided for in this law shall be independent of the application to any criminal penalties, will be dismissed after they had by the Ministry or depends on controlling Ministry training to which they belong.
They will lose the right to compulsory retirement pension from the time Article 23 is banned students and students from the schools of every grade of education to join the political action or to participate in the manifestaţiuni of political or social.
Also they cannot attend meetings of any kind, except of course, meetings or conferences and institutes only under the direct leadership of the staff members. They can attend meetings of the student asociaţiunilor Squeak legally.
Those who will depart from the dispoziţiunile of the present law, independent of the enforcement of penal sanctions shall be exmatriculaţi by the rectors of universities or schools and principals will no longer be able to be enrolled in any school in the State, and the times you possess diplomas will be void.
Students and pupils is prohibited, under penalty referred to in article 1. 1 (1). 1, to possess or bear firearms of any kind even with legal autorizaţiune.

Article 24 it is forbidden any degree of teacher education to make political propaganda in any form at school or undertaking with students or pupils any actions that might have political purposes.
Those who deviate from the dispoziţiunile the preceding paragraph, independently of any criminal penalties, will be dismissed after they had education, with the loss of entitlement to the pension, the political rights and cancellation of the diplomas you possess. They will no longer be able to occupy any public service nor any other pastime, with intellectual character, and may earn a living only by manual labor.
Breaking dispoziţiunilor in the preceding paragraph shall be punished with correctional prison from 5-10 years. The same punishment will be punished and those who will serve their intellectual activity.

Article 25 Nuns and members of the clergy of any religion who are guilty of any of the offences envisaged in this law, independently of the criminal sanctions, will be dismissed after they had with the loss of entitlement to the pension, and the cancellation of the diplomas you possess.
They'll be laicized by chiriarhul respectively without any formality and shall apply under article dispoziţiunile. 24 para. 2 and 3.

Chapter III administrative measures article 26 those who spread false news or colportează, as well as those who by their attitude contributes to the disorder, and public order demands may be obligatory to fix a home or hospitalized in a labor camp.
These penalties will be taken through a log of the Council of Ministers, after proposal of the Ministry of the Interior.
Obligatory domicile and internment in a work camp will be able to impose a term of 6 months to 1 year. Council of Ministers Journals are considered as acts of Government and are not generating damages.
Persons subject to obligatory domicile, or of entry into a camp, which will not be subject to the sanctions provided for in this article, shall be punished with correctional prison from 3-5 years and a fine from 10,000-50,000 lei.
When deviations from the dispoziţiunile above are committed by people of a different ethnic origin than the Romanian, the penalties shall be doubled.
Those hospitalized in the camp are obliged to pay the amount of 200 lei per day, half of which will serve as your personal maintenance and the rest for the upkeep of the camp.
Those who refuse to pay the above amount will be watch over their movable or immovable property, according to the law on the uniting tax procedure.
When at boarding school is lacking, it will be required to provide a work product that will retain the amount available to the State.

Chapter IV procedure article 27 Instances and Crimes provided for in this law shall assess in time of war, mobilization or a territory under curfew by the military courts, with that provided for in article excepţiunea. 14. The research will be done by the Military Prosecutor in question within 24 hours. He will învesti directly to the Court.
The Court will rule within 24 hours of the referral.
Against hotârîrii is not permissible in any given an ordinary appeal or extraordinary.
The opposition is allowed to run only for error upon the person. In this case, the judgment will be made by the same court within 24 hours.
Against hotârîrii time in opposition is not permitted no appeal.
The decision will be in the 10 hours after the pronouncement.

Article 28 in times of peace the competence of criminal courts belongs to advising the Court of appeal.
Research will be made by the Prosecutor of the Tribunal in question, which will învesti criminal court directly.
All dispoziţiunile. 27 also apply to criminal courts.

Article 29 the person suspected of committing any offence provided for in this law, which is missing from his place of residence and cannot be found, you will be invited on the path of publicaţiunii in newspapers to appear before the Prosecutor in question within three days off from publicaţiunea. If the called does not answer invitaţiunii and thereby strengthens suspicions that against him, will be declared wrongful parquet what i put under load. The conclusion of the Prosecutor's Office will be published in the Official Gazette and in newspapers more widespread in the country.
Every citizen has the duty to bring to the attention of the police authority in the place where one finds the person declared to be culpable.
The one who knowing that place will not încunoştinţa police authority will be counted favorizator and shall be punished as criminals referred to in subparagraph (d)) under art. 13. Chapter V final provisions article 30 Dispoziţiuni Goods groups or asociaţiunilor dissolved on the grounds of this decree-law shall be put under administraţiune and will liquidate under the law relating to the administration of the assets of political parties solvent.

Article 31 the courts will submit to the Ministry of Justice with a copy of the decisions handed down against those sent to court for offences covered by this law. The Ministry of Justice will keep a record of all such offenders.

Article 32 the crimes foreseen by the decree-law to suppress meetings or manifestaţiunilor aiming at the action against the existing social order machination in the State from November 13, 1940, and the crimes provided for in art. 1, 2 and 3 of the Decree-Law on the Suppression of crimes against public order and State interests of 28 November 1940, committed previously publishing of the law will be studied, trained and judged by military courts.

Article 33 shall be repealed the law in order to defend the State from April 15, 1938; Decree-law to suppress meetings or manifestaţiunilor aiming at the action against the existing social order machination in State of 13 November 1940; Decree-law to suppress meetings or political manifestaţiunilor, divergent provisions of Decree-Law No. 3,151 of 14 September 1940, published in the Official Gazette on 13 November 1940, Decree-Law on the Suppression of crimes against public order and the interests of the State of 28 November 1940, and any other dispoziţiuni contrary to this decree-law.
Remain in force dispoziţiunile the Decree-Law nr. 131 of 20 January 1941, published in Monitorul Oficial nr. 17 in 1941.

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