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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

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LEGE no. 43 43 of 26 March 1999 amending and supplementing Law no. 54/1993 for the organization of military courts and prosecutors
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 130 130 of 31 March 1999



The Romanian Parliament adopts this law + Article 1 Law no. 54/1993 for the organization of military courts and prosecutors, published in the Official Gazette of Romania, Part I, no. 160 of 14 July 1993, shall be amended and supplemented as follows: 1. Paragraph 2 of Article 2 shall be repealed. 2. Paragraph 1 of Article 5 shall read as follows: " When the defendant is active military, the judge or, as the case may be, the presiding judge, at the military courts provided in art. 2, as well as the prosecutor who participates in the trial of the case must be at least equal in degree with him. When the defendant is superior officer, the judge or, as the case may be, the presiding judge, at the military courts provided in art. 2, as well as the prosecutor participating in the trial of the case must be senior officers. " 3. Article 6 shall read as follows: "" Art. 6. -The courts and military prosecutor's offices fall with the necessary number of military magistrates, as well as the specialized auxiliary staff, economic, administrative and service, established by the Minister of Justice, with the advisory opinion of the Minister national defence, under the conditions provided by Law no. 92/1992 for the judicial organization, republished. " 4. Article 10 shall read as follows: "" Art. 10. -The cases given, according to the law, in the jurisdiction of the first instance to the military courts are judged by a single military judge. The trainee military judges, who have obtained the right to participate in the trial activity, will be able to judge: a) crimes against military order and discipline, sanctioned with the prison sentence of no more than 2 years; b) the referrals of the commanders of the military prisons in connection with the reduction of the sentence that is executed in these prisons, in the case and under the conditions provided in 62 62 para. 2 of the Criminal Code; c) the offences referred to in art. 279 279 para. 2 lit. a) of the Code of Criminal Procedure; d) requests for rehabilitation. " 5. Article 13 shall read as follows: "" Art. 13. -The cases given, according to the law, in the jurisdiction of the territorial military court are judged in the first instance by a single military judge, on appeal, in complete format of two military judges, and on appeal, in complete format of three judges military. " 6. Article 16 shall read as follows: "" Art. 16. -The cases given, according to the law, in the jurisdiction of the Military Court of Appeal are judged in the first instance by a single military judge, on appeal, in complete format of two military judges, and on appeal, in complete format of three military judges. " 7. Article 19 shall read as follows: "" Art. 19. -The duties of military prosecutors are those provided in art. 27 27 of Law no. 92/1992 92/1992 for the judicial organization, republished, which shall apply accordingly. " 8. Article 20 shall read as follows: "" Art. 20. -The prosecutor's offices near the military courts and the territorial military court are led by military first prosecutors, aided by deputy first military prosecutors. The military prosecutor's office of the Military Court of Appeal is led by a military prosecutor general, aided by a deputy. " 9. Article 22 shall read as follows: "" Art. 22. -The military prosecutor general of the Prosecutor's Office of the Military Court of Appeal exercises, directly or through military prosecutors inspectors, control over military prosecutors in subordination. " 10. Article 26 shall be supplemented by paragraph 2 with the following contents: " Military judges and prosecutors from the military courts, territorial military courts and prosecutors ' offices in addition to these courts can be held in office until reaching the age of 65, those from the Military Court of Appeal and the United States. at the Prosecutor's Office of this Court, until the age of 68, and the military prosecutors from the Prosecutor's Office of the Supreme Court of Justice, until reaching the age of 70. The maintenance in office is done for military judges by the Minister of Justice, and for military prosecutors, by the Prosecutor General of the Prosecutor's Office of the Supreme Court, in all cases, with the opinion of the ruler court or prosecutor's office. ' 11. Paragraph 2 of Article 27 shall read as follows: "Military magistrates cannot be investigated, detained, arrested, searched or sued without the 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 organization, republished, regarding the rights and duties of magistrates, are also applicable to military magistrates. " 13. The title of Chapter VII shall have the following wording: "" CHAPTER VII Specialist, economic, administrative and service auxiliary staff " 14. Article 32 shall read as follows: "" Art. 32. -All military courts and prosecutors will have a graft, a registry, an archive, an economic-administrative compartment and a documentation compartment. " 15. Article 33 shall read as follows: "" Art. 33. -The specialist, economic, administrative and service auxiliary staff at the military courts and prosecutors ' offices can also be appointed from among the active sub-officers. " 16. Article 34 shall read as follows: "" Art. 34. -The appointment of the personnel provided for in this chapter shall be made by the President of the Military Court of Appeal, for the military courts, and by the military prosecutor general of the Prosecutor's Office of the Military Court of Appeal, for military prosecutors. " 17. Paragraph 1 of Article 36 shall read as follows: " The total number of military magistrates, as well as specialized auxiliary, economic, administrative and service personnel from the courts and military prosecutor's offices is approved by Government decision, at the proposal of the Minister of Justice, with Advisory opinion of the Minister of National Defence 18. Article 37 shall be repealed. + Article 2 (1) Any provision contrary to this law shall be repealed. ((2) Law no. 54/1993 for the organization of military courts and prosecutors, published in the Official Gazette of Romania, Part I, no. 160 of 14 July 1993, shall be reintroduced, giving the articles the corresponding numbering. This law was adopted by the Chamber of Deputies at its meeting on February 22, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES, PAULA IVANESCU This law was adopted by the Senate at the meeting of February 22, 1999, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. PRESIDENT SENATE, DORU IOAN TARACILA --------------