Law No. 43 Of 26 March 1999 Amending And Completing Law No. 54/1993 For The Organization Of The Courts And Prosecutors ' Offices For Military

Original Language Title:  LEGE nr. 43 din 26 martie 1999 privind modificarea şi completarea Legii nr. 54/1993 pentru organizarea instanţelor şi parchetelor militare

Read the untranslated law here: http://legislatie.just.ro/Public/DetaliiDocument/17389

Law No. 43 of 26 March 1999 amending and completing law No. 54/1993 for the Organization of the courts and prosecutors ' offices ISSUING military published in PARLIAMENT OFFICIAL GAZETTE nr. 130 of 31 March 1999, the Romanian Parliament adopts this law.


Article 1, law No. 54/1993 for the Organization of the courts and prosecutors ' offices, published in the Official Gazette of Romania, part I, no. 160 of 14 July 1993, modified and completed as follows: 1. Paragraph 2 of article 2 is repealed.
2. Paragraph 1 of article 5 shall read as follows: "When the defendant is an active military, the judge or, where appropriate, the presiding justice, in military courts. 2, and the Prosecutor participating in the proceedings shall be at least equal in rank with it. When the defendant is the senior officer, the judge or, where appropriate, the presiding justice, in military courts. 2, and the Prosecutor participating in the proceedings must be senior officers. "
3. Article 6 shall read as follows: Art. 6. Military Courts and prosecutors ' offices-fall with the required number of magistrates, military assistants, economic, administrative and service, established by the Minister of Justice, with the Advisory opinion of the Minister of national defence, under the conditions provided for by law No. 92/1992 for the judicial organisation, republished. "
4. Article 10 shall read as follows: Art. 10.-causes of data under the law in the jurisdiction of the military courts of first instance court is judge of a single military judge.
Military judges, interns who have obtained the right to participate in the work of the Court will be able to judge: a) offences against military discipline and order, sanctioned with punishment by imprisonment not exceeding 2 years;
  

b) military commanders to prison complaints in connection with the reduction of the penalty that is executed in these prisons, if and as provided in article 13. 62 para. 2 of the penal code;
  

c) offences referred to in article 1. 279 paragraph 2. 2(a) a) of the code of criminal procedure;
  

d) applications for rehabilitation. "
  

5. Article 13 shall read as follows: Art. 13.-causes of data under the law in the jurisdiction of the territorial Military Tribunal judge on the first court of a single military judge in the appeal, in completely composed of two military judges, and on appeal, in full consisting of three military judges. "
6. Article 16 shall read as follows: Art. 16.-causes of data under the law in the jurisdiction of the Military Court of appeal shall judge on the first court of a single military judge in the appeal, in completely composed of two military judges, and on appeal, in full consisting of three military judges. "
7. Article 19 shall read as follows: Art. 19. military prosecutors ' powers-are those laid down in article 21. 27 of law No. 92/1992 for the judicial organisation, republished, applied properly. "
8. Article 20 shall read as follows: Art. 20. The public prosecutor's Office-military courts and military court territorially are driven by Prime military prosecutors, aided by Deputy Prime military prosecutors.
The military prosecutor's Office attached to the Court of Military Appeals is ruled by a military prosecutor-general, assisted by a Deputy. "
9. Article 22(3) shall read as follows: Art. 22.-the Attorney general's Office of the military court of Military Appeals exercised, directly or by military prosecutors, inspectors control over military subordinate prosecutors. "
10. Article 26 (2) shall be supplemented with the following content: "military judges and prosecutors to the military courts, military courts and prosecutors ' offices of the addition of these instances can be stand out from the Office until the age of 65 years, the Military Court of appeal and the Prosecutor of this Court, until the age of 68 years , and military prosecutors from the public prosecutor's Office attached to the Supreme Court of Justice, until the age of 70 years. The function is made for military judges by the Minister of Justice, and for the military prosecutors, the prosecutor-general's Office of the Supreme Court of Justice, in all cases, with the opinion of the public prosecutor's Department or of the driver. "
11. Paragraph 2 of article 27 shall read as follows: "military Judges may not be under investigation, detained, arrested, imprisoned or perchezitionati judgment without an opinion of the Minister of Justice."
12. Article 28 shall read as follows: Art. 28.-the provisions of law No. 92/1992 for the judicial organisation, republished, regarding rights and duties of judges and magistrates, are applicable to the military. "
13. The title of Chapter VII will have the following wording: "CHAPTER VII staff specialist, economic, administrative and service" 14. Article 32 shall read as follows: Art. 32. All courts and prosecutors ' offices-the military will have a registry, a registry office, an archive, an administrative-economic and a bin of documentaries. "
15. Article 33 shall read as follows: Art. 33.-staff specialist, economic, administrative, and service to the courts and the public prosecutor of the military could be called from among the non-commissioned officer. "
16. Article 34 shall read as follows: Art. 34.-appointment of personnel referred to in this chapter shall be made by the President of the Military Court of appeals, for the military courts and the military attorney general's Office of the Court of Military Appeals, for the public prosecutor of the military. "
17. Paragraph 1 of article 36 shall read as follows: "the total number of magistrates, as well as auxiliary staff, economic, administrative, and service to the courts and military prosecutors ' offices shall be approved by decision of the Government on the proposal of the Minister of Justice, with the Advisory opinion of the Minister of national defence."
18. Article 37 shall be repealed.


Article 2 (1) of this Act any provisions to the contrary are hereby repealed.
  

(2) Law No. 54/1993 for the Organization of the courts and prosecutors ' offices, published in the Official Gazette of Romania, part I, no. 160 of 14 July 1993, will the Republic, giving the corresponding numbering items.
  

This law was adopted by the Chamber of deputies at its meeting on 22 February 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU this law was adopted by the Senate at its meeting on 22 February 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T — — — — — — — — — — — — — —