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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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LEGE no. 80 80 of 6 February 1941 for the repression of the facts that endanger the existence and interests of the State
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 31 31 of 6 February 1941



+ Chapter I Criminal offences and penalties + Article 1 It is punishable by death those who: a) possess or carry weapons, ammunition, explosives without legal authorization; b) Robber in gangs, whatever the number of their members, public deposits of materials, goods, munitions, weapons, explosives or public houses of money or values; c) Sustrag munitions, weapons of any kind, from barracks, warehouses, factories belonging to the State or individuals, or from any local army or authorities who are responsible for maintaining the order; d) Inform by word of mouth or by any means to manifestations or actions of a character of scheming against the existing political or social order in the State, the division or distribution of the wealth of others, the tax exemption or the class struggle; e) Trag with weapons from buildings, or shelters or from anywhere, on members of the government, bodies of public authority or army, regardless of the result obtained; f) The cup without legal right the public buildings; g) Destroy public utility installations; h) Print, write, designate or multiply in any way, or share, manuscripts, manifestos, sketches, drawings that would contain an exhortation to the enjoyment of an act, or the manifestation of an idea that constitutes a scheming against the existing order in the State. + Article 2 The following crimes provided by the Criminal Code are punishable by death: Attacks against the person of the Royal King and Family (art. 204); scheming against the social order (art. 209, Part II, lit. a) and c); sedition (art. 210); armed insurrection (art. 211); military usurpation (art. 212); coalition of officials against State security (Art. 217); antimilitary instigation (art. 218); the plot (art. 227); omission of denunciation of the plot (art. 228); rebellion (art. 259, 260, 261, 262); violence against social harmony (art. 330); facilitation of crimes against public peace (art. 335); public danger challenge (art. 352); the danger of railway catastrophe (art. 359, 360, 361, 364); public danger by damaging the means of telephone communication, telegraph, radio (art. 365, 366), as well as murder (art. 463, 464, paragraphs 1, 2, 3 and 8), when committed for the purpose of scheming against the political or social order existing in the State. ------------ Note *) Text corrected according to the rectification of the Official Gazette no. 41 of 18 February 1941. + Article 3 It is punishable by hard labor for life those who on the occasion of actions with a character of scheming against the public or social order existing in the State; a) Ating the freedom of the individual or his domicile; b) Violate or usurp the property; c) Organize from abroad or give directives in the country for the formation of an organization in order to disturb the public order or inner or outer safety of the State, or associate with such organizations; d) I facilitate in any way the entry or exit from the country of persons who work for the above purpose; e) Transmit or procure, in original or copy, to a foreign government, its agents or any other person without quality to become aware of them or disclose in everything or in part diplomatic documents or any other nature, emanating from the part of the government or public authorities and interested in the Romanian State order; f) Enter in connection with any person, any public authority or any international association in the country or abroad, in order to receive instructions or aid of any kind for the preparation of a political or social revolution. The penalty applies independently of the loss of citizenship + Article 4 Any establishment of political organization not authorized by the State shall be prohibited. + Article 5 It is forbidden to set up clandestine associations in any form or that have a clandestine activity, such as: Masonic lodges, groups, cores, nests and other such formations against the existing order in the State. + Article 6 It is forbidden to set up religious, cultural, political or social organizations whose purpose or activity tends to receive the order in the State and aim to give legal coverage to a prohibited activity. + Article 7 The leaders and those who are part of the organizations or parties provided by art. 4, 5 and 6, will be punished with hard labor from 10-25 years. Simple participation in any of the assemblies of associations or parties prohibited by this law, as well as propaganda by grace or by writing for their constitution, or the transmission of written or verbal orders for the same purpose, shall be punishable by the same punishment. + Article 8 It is forbidden to go into military formation on roads, streets or public squares, for the purpose of political or social manifestation. It is also forbidden to play in groups, on foot, in cars, on the train or using any other means of transport, areas that could be counted as expressing certain political or social ideas, or to reproduce by any means, in public, like arias. + Article 9 It is forbidden to participate in street events or processions, for the purpose of propaganda or any other action with a 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 the interposed person, amounts of money or other material benefits, either from Romanians or from foreigners, for purposes stopped by this law. + Article 11 The ironing of provisions in Articles 8, 9 and 10 shall be punishable by hard labour from 5-15 years. + Article 12 It is punishable by hard labor from 5-10 years those who: a) Calomniasis, diffuse or bring insults to the King, the Ruler of the State or members of the Government; b) Acuza the members of the Government or the heads of the Jewish or Freemasonry authorities, without being able to prove verity. + Article 13 They are punishable by heavy dungeon from 3-10 years those who: a) Touch the honour or dignity of the heads of public authorities or undertake any actions such as to impair the prestige of the authority; b) The gate in public uniforms, when the affiliation to an association or an agreement not approved by the public authority or the law is manifested; c) Take or perform any kind of oath, apart from the oath required or authorized by law; d) I know the authors of a crime provided in this law and do not denounce them to the e) Give material support, personnel or as directors or administrators, or preposed to associations or companies of any nature, in any way, to public authorities or associations in the country or abroad pursuing prohibited purposes of this law. + Article 14 Delapidation up to the amount or value of lei 50,000 is punishable by hard labor from 5-8 years; from 50,000 lei to 1,000,000 lei, with hard labor from 10 to 25 years; and if the amount or value of embezzlement is higher than lei 1,000,000, the punishment is death. Common provisions + Article 15 Besides the penalties imposed on those convicted in the crimes provided for in this law, the courts will also pronounce the following sanctions: 1. Civic Degrading for All Life. 2. Confiscation of the entire mobile and real estate. 3. Destitution from public functions. 4. Loss of pension. 5. Cancellation of State or private diplomas possessing. 6. Prohibition to occupy any further operation or occupation with intellectual character, under the sanction provided in art. 24 24 para. Final. 7. Prohibition of wearing decorations. The seized assets will be passed to the State's reconstruction fund. + Article 16 When the crimes provided by this law are committed by Jews or persons of ethnic origin other than the Romanian one, or by the communists, the punishment will double, without being able to exceed the general maximum. + Article 17 The instigators, accomplices, favorizers and concealers to the crimes provided for in this law shall be punished as the authors. Those who participated in crimes, if, before being followed, denounce the authorities on the perpetrators will be reduced their sentence by a degree when this is death or hard labor for life. The latter will be reduced to the maximum of hard labour on time. In all other cases, the punishment will be reduced to a minimum of the sentence provided by this law + Article 18 Parents or guardians who do not exercise on minors under their due supervision will be punished, if the minor commits any of the crimes provided by this law, with correctional imprisonment from 1 to 5 years, if their fact is not punished by this law with a higher punishment. With the same punishment will be punished and patrons who know the activity against the provisions of this law of employees or disciples in their enterprise, do not incuse the authority in law. The lack of supervision of the owner, in case of employees or apprentices committed one of the crimes provided by this law, is punishable by correctional imprisonment from 6 months to 1 year. + Article 19 Those who live in the apartment from which the crime provided by art. 1 lit. e), will be punished with the same punishment as the offender. They will be defended by punishment: a) Those who live in the same apartment with the offender have established the authority of dubious purges of the offender; b) Those in whose apartment the offender penetrated through violence and did not have the possibility of denunciation. + Article 20 Juvenile offenders who have reached the age of 15 will be punished with the penalties provided for the majors. + Article 21 Associations and societies of any nature, which give material support, in any way, to an association or group prohibited by this law or to any person who committed the crimes provided by this law; will dissolate and be confiscated the entire wealth, without the damage of the criminal sanction provided by art 13 lit. e), for their directors and administrators. The seized assets will be passed to the State's reconstruction fund. + Chapter II Disciplinary measures + Article 22 It is forbidden to civil servants who receive in any form or title a retribution from the State, county, commune, direction, autonomous house, commercial administration, special direction or any other public institution or settlement whose budget is subject to the approval of a tutelary body, to be part of any organization or political grouping not authorized by the State. The officials referred to above, from the moment of their being sued for any of the facts provided by this law and independent of the application of any criminal sanction, will be deposed by the Ministry on which it depends or the Ministry that exercise control of the institution to which they belong. They will lose and the right to the hostel from the moment of dismissal + Article 23 It is forbidden to students and students from schools of any degree of education to join political actions or to participate in political or social events. They may also not attend meetings of any kind, except for course meetings, institutes or conferences and only under the direct management of members of the teaching staff. They can attend meetings of student associations, operating legally. Those who will deviate from the provisions of this law, independently of the application of criminal sanctions, will be expelled by the rectors of the universities or the respective school directors and will no longer be able to be enrolled in any State school or particular, and the diplomas possessing will be cancelled. It is forbidden to students and students, under the sanction provided in art. 1 1 para. 1, to possess or carry weapons of any kind even with legal authorization. + Article 24 It is forbidden to teachers of any degree of education to make political propaganda in any form in school or to undertake with students or students any kind of actions that might have political ends. Those who deviate from the provisions of the previous paragraph, independent of criminal sanctions, will be dismissed from the education, with the loss of the right to the pension, the political rights and the cancellation of the diplomas that possess. They will no longer be able to occupy any public service nor any other occupation of an intellectual character, not being able to earn their existence except through manual labor. The ironing of the provisions of the previous paragraph will be punished with correctional imprisonment from 5-10 years. With the same punishment will be sanctioned and those who will serve their intellectual activity. + Article 25 Monks and members of the clergy of any denomination who are guilty of any of the crimes provided by this law, independent of criminal sanctions, will be dismissed with the loss of the right to the pension, and the cancellation of the diplomas that possess. They will be caterisites by the respective tenant without any other formality and will also be applied the provisions provided by art. 24 24 para. 2 2 and 3. + Chapter III Administrative measures + Article 26 Those who colportate or spread fake news, as well as those who by their attitude contribute to the disorder of the order and public tranquil, can be fixed a obligatory home or be admitted to a labor camp. These sanctions will be taken through a journal of the Council of Ministers, after the proposal of the Ministry of Interior. The obligatory home and admission to a labor camp will be able to impose on a term of 6 months to 1 year. The journals of the Council of Ministers are considered as acts of government and are not generating damages. Persons subject to compulsory domicile or admission to a camp, who will not be subject to the sanctions provided for by this article, will be punished with correctional imprisonment from 3-5 years and fine from 10,000-50,000 lei. When the deviations from the above provisions are committed by persons of ethnic origin other than the Romanian one, the sanctions will be doubled. Those admitted to the camp are obliged to pay the amount of 200 lei per day, of which half will serve as a personal maintenance, and the rest for the maintenance of the camp. Those who refuse to pay the above amount, will be followed on their mobile or immovable wealth, according to the law for the unification of the tax procedure. If the interned one is deprived of means, he will be obliged to provide a work from the product to which the amount of the State will be retained. + Chapter IV Courts and procedure + Article 27 The offences provided by this law shall be judged in time of war, mobilization or on a territory under a curfew, by the military courts, with the exception of that provided by art. 14. The research will be done by the respective military prosecutor's office within 24 hours. He will directly invest the court. The trial court will rule within 24 hours of the referral. No ordinary or extraordinary remedy shall be permitted against the ruling. The challenge to execution only for error on the person is admitted. In this case, the judgment will be made by the same court within 24 hours. No appeal shall be allowed against the decision given in the appeal. The decision will be executed within 10 hours of the ruling. + Article 28 In time of peace the competence belongs to the criminal courts of the courts of appeal. The investigations will be made by the Prosecutor's Office of the respective tribunal, which will directly invest All provisions laid down in art. 27 also applies to criminal courts. + Article 29 The person suspected of enjoying any crime provided by this law, who is missing from his home and cannot be found, will be invited to the publication in the newspapers to appear before the respective prosecutor's office within 3 days. free from the publication made. If the one called does not respond to the invitation and by this reinforces the suspicions that are against him, he will be declared by the Parquet culpable by the fact that he is put in charge. The conclusion of the prosecutor's office will be published in the Official Gazette and in the newspapers more spread Any citizen has the duty to inform the police authority of the place where the person declared culpable is found. The one who knows that place will not know the police authority will be considered a favorizer and will be punished as the criminals provided in the letter d) under art. 13. + Chapter V Final provisions + Article 30 The assets of the groups or associations dissolved on the basis of this decree-law will be placed under the administration and will be liquidated according to the law on the administration of goods to the dissolving political parties + Article 31 The courts will submit to the Ministry of Justice a copy of the judgments given against those brought to trial for the crimes provided for in this law. The Ministry of Justice will keep a record of all these criminals. + Article 32 The offences provided for by the Decree-Law for the repression of meetings or demonstrations that pursue an action of a character against the social order existing in the State of 13 November 1940, as well as the offences provided by art. 1, 2 and 3 of the Decree-Law for the repression of crimes against the public order and the interests of the State of November 28, 1940, previously enjoyed by the publication of this law, will be investigated, trained and tried by the military courts. + Article 33 The Law for the Protection of the Order in the State of 15 April 1938 is hereby repealed; the Decree-Law for the Suppression of Meetings or Manifestations pursuing a Conspiracy Character action against the existing social order in the State of 13 November 1940; Decree-law for the repression of meetings or manifestations of a political nature, contrary to the provisions of Decree-Law no. 3.151 of 14 September 1940, published in the Official Gazette of 13 November 1940, Decree-law for the repression of crimes against the public order and the interests of the State of 28 November 1940, as well as any other provisions to the contrary the present decree-law. The provisions of this Regulation Decree-Law no. 131 131 of 20 January 1941 , published in the Official Gazette no. 17 of 1941. ---------------