LEGE no. 54 of 9 July 1993 *) *** for the organization of military courts and prosecutors
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 209 209 of 13 May 1999
--------------- Note ... * *) Republicated pursuant to art. II para. ((2) of Law no. 43/1999 , published in the Official Gazette of Romania, Part I, no. 130 of 31 March 1999, giving the articles a new numbering. Law no. 54 54 of 9 July 1993 was published in the Official Gazette of Romania, Part I, no. 160 160 of 14 July 1993. Note ... ** **) Law no. 92/1992 was republished in the Official Gazette of Romania, Part I, no. 259 259 of 30 September 1997. + Chapter 1 General provisions + Article 1 The organization and functioning of military courts and prosecutors shall be carried out according to the provisions of In so far as this law does not otherwise have the provisions, the provisions Law no. 92/1992 for the court organization * *) are applicable to military courts and prosecutors. + Article 2 The military courts are: a) military tribunals; ... b) territorial military court; ... c) Military Court of Appeal. ... + Article 3 The constituencies of military courts and military prosecutor's offices are set out in the annex to this law + Article 4 Military courts judge at their premises. For thorough reasons it may be ordered that the judgment be held in another place, including in military units. + Article 5 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. When the prosecutor has no equal degree with the investigated one will be assisted by another prosecutor with appropriate degree, appointed by order of the head of the military prosecutor's offices in the Prosecutor's Office of the Supreme Court of Justice. + Article 6 The courts and military prosecutor's offices fall with the necessary number of military magistrates, as well as the specialized auxiliary, economic, administrative and service personnel, established by the Minister of Justice, with the advisory opinion of the Minister national defence under the conditions laid down by Law no. 92/1992 . + Chapter 2 Military tribunals + Article 7 In Bucharest, Cluj-Napoca, Iasi and Timisoara, military courts operate. Other military courts can also be established by law. + Article 8 The military court is headed by a president, aided by a vice president. + Article 9 Military courts judge the processes and requests given by law in their jurisdiction. + Article 10 The causes given, according to the law, in the jurisdiction of the first instance to 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) rehabilitation requests. ... + Chapter 3 Territorial Military Court + Article 11 A territorial military court operates in Bucharest. Other territorial military courts can also be established by law. The territorial military court is headed by a president, aided by a vice president. + Article 12 The territorial military tribunal judges, in the first instance, the trials and requests given by law in its jurisdiction. As a court of appeal, the territorial military court judges the appeals declared against the judgments handed down in the first instance by the military courts, except for the crimes mentioned in art. 279 279 para. 2 lit. a) of the Code of Criminal Procedure and of crimes against military order and discipline sanctioned by law with the prison sentence of no more than 2 years. The territorial military tribunal, as a court of appeal, judges appeals against judgments handed down by military courts that, according to the law, are not subject to appeal. + Article 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, in appeal, in complete format of two military judges, and on appeal, in complete format of three military judges. + Chapter 4 Military Court of Appeal + Article 14 The Military Court of Appeal operates as a single court in Bucharest, being led by a president, helped by a vice president. + Article 15 The Military Court of Appeal judges in the first instance the cases given in its jurisdiction by law. As a court of appeal, the Military Court of Appeal judges the appeals declared against the judgments handed down in the first instance by the territorial military tribunal. As a court of appeal, the Military Court of Appeal judges the appeals declared against the judgments handed down in appeal by the territorial military tribunal, as well as in other cases provided by law. + Article 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. + Chapter 5 Military parquet + Article 17 The duties of the Public Ministry are fulfilled by military prosecutors constituted in military prosecutor's offices, in addition to each military court. In addition to the military courts can operate several military prosecutor's offices, in relation to the extent of the territorial constituency of the respective court. The military prosecutor's offices operate in the municipalities: Bacau, Brasov, Bucharest, Cluj-Napoca, Constanta, Craiova, Iasi, Oradea, Ploiesti, Targu Mures and Timisoara. The constituencies of the military prosecutor's offices are set out in the annex + Article 18 The activity of military offices is organized and is carried out according to the principles Law no. 92/1992 . The military prosecutor's offices are independent of the military courts and in relations with the other public authorities; they exercise their duties only under the law and in order to ensure its compliance. + Article 19 The powers of the military prosecutor's offices are art. 27 27 of Law no. 92/1992 ,, which shall apply accordingly. + Article 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. + Article 21 The military prosecutor's offices of the territorial military court and the Military Court of Appeal will have prosecution and judicial sections, led by chief military prosecutors. + Article 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. + Chapter 6 Military magistrates + Article 23 Military judges and military prosecutors have the status of magistrates and are part of the magistrates ' body. + Article 24 May be appointed military magistrate person who, outside the conditions provided by Law no. 92/1992 , is an active officer. + Article 25 Judges and military prosecutors, except for the trainees, are appointed by decree of the President of Romania, at the proposal of the Superior Council of Magistracy. + Article 26 Special conditions for the appointment and advancement of judges and prosecutors, provided for in Law no. 92/1992 , are properly applicable to military judges and prosecutors. 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. The prosecutor's office of the 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 the court or prosecutor's office. + Article 27 Military judges appointed under the terms of this law are unremovable. Military prosecutors and trainee military judges enjoy stability. Military magistrates cannot be investigated, detained, arrested, searched or arraigned without the opinion of the Minister of Justice. + Article 28 Provisions of Law no. 92/1992 , regarding the rights and duties of magistrates, are also applicable to military magistrates. + Article 29 At court hearings military magistrates are required to wear military uniform. + Article 30 Military magistrates are active military and have all rights and obligations arising from this quality. The salary and other rights due to military and civil personnel shall be ensured by the Ministry of National Defence in accordance with the provisions of Law no. 50/1996 regarding the salary and other rights of the personnel in the bodies of the judicial authority and with the regulations regarding the material and money rights specific to the active military quality and, respectively, of the civil employee of this ministry. The granting of military degrees and the advance in the rank of military magistrates are made according to the norms applicable to permanent staff in the Ministry of National Defence + Article 31 The violation by the military magistrates of the norms established by the Regulation of the military discipline draws their responsibility in accordance with its provisions. The commission by military magistrates of disciplinary violations in relation to the performance of their duties as magistrates attract their responsibility under the conditions and after the procedures provided for in Law no. 92/1992 . + Chapter 7 Specialist, economic, administrative and service auxiliary staff + Article 32 All military courts and prosecutors will have a graft, a registry, an archive, an economic-administrative compartment and a documentation compartment. + Article 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. + Article 34 The appointment of the personnel provided for in this chapter is 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. + Article 35 The organization and functioning of the auxiliary compartments of the military courts and prosecutors, their duties, as well as the disciplinary responsibility of the personnel of the respective compartments shall be established by regulation justice, taking into account the specific regulations of the Ministry of National Defence. + Chapter 8 Final and transitional provisions + Article 36 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 Defence The staff required for each military court and parquet, corresponding to the volume of activity, shall be determined by the Minister of Justice + Article 37 The material means, including the automotive ones, necessary for the functioning of the military courts and prosecutors, as well as the material and monetary rights of their personnel shall be provided by the Ministry Annually, starting with the budget year 1993, the Romanian Government will include in the budget the Ministry of National Defence the funds necessary for the organization and functioning of the military courts and prosecutors provided in this + Article 38 The courts and military prosecutor's offices have the military police put in their service by the Ministry of National Defence free of charge. The need for military police personnel will be determined by the Government, on the joint proposal of the Minister of Justice and the Minister of National Defence. Military police put to the service of military courts and prosecutors are subordinate to their presidents or prime prosecutors. The number of staff required for each court and parquet will be determined by the justice minister. The security of the courts and military prosecutor's offices is provided by the Ministry of National Defence free of charge + Article 39 This law enters into force on the date of its publication in the Official Gazette of Romania *). The provisions on the composition and functioning of military courts and prosecutors, admission to the military magistracy and disciplinary liability of military magistrates will be implemented on July 1, 1993. + Article 40 Until July 1, 1993, the Government, county councils and local councils, with the support of prefectures, will provide the Ministry of National Defence with the additional premises and facilities necessary for the functioning of military courts and prosecutors organized according to the provisions of the Until July 1, 1993, the Ministry of Justice will ensure, together with the Ministry of National Defence, the selection and improvement of personnel according to the new structures of the military courts and prosecutors. + Article 41 Provisions art. 155 155-159 of Law no. 92/1992 applies also to the courts and military prosecutor's offices. + Article 42 On the date of entry into force of this Law, the provisions on military justice and the military prosecutor's office of the Law no. 58/1968 for the organisation of Law no. 60/1968 for the organization and functioning of the prosecutor's office, and any other provisions contrary to this law. ------------ Note ... *) See also the date of entry into force of the amending normative act. + Annex 1 THE COURTS AND THE MILITARY PROSECUTOR ' S OFFICES BESIDE THEM, LOCALITIES OF RESIDENCE AND THEIR TERRITORIAL CONSTITUENCIES First InstanceMilitary Prosecutor's Office Territorial Scripture (counties) appellate and military prosecutor's office Locality of residenceLocality of residence Residence Locality of residence The Military Court of Bucharest Military Bucharest-Arges-Calarasi-Giurgiu-Ialomita-Olt-Teleorman-Valcea-Municipality of Bucharest Territorial Military Court Bucharest Military Prosecutor's Office of the Territorial Military Court Bucharest Bucharest Military Prosecutor's Office Constanta- Constanta-Tulcea Bucharest Constanta Military Prosecutor's Office Ploiesti-Braila- Buzau-Dambovita-Prahova Ploiesti Military Court IasiProsecutor Military Bacau-Bacau-Neamt-Suceava-Vrancea Bacau IasiProsecutor Military Iasi-Botosani-Galati-Iasi-Vaslui Iasi Military Court Cluj Military Prosecutor Brasov-Brasov- Covasna-SibiuBucharest Bucharest Brasov Military Prosecutor's Office Cluj-Alba-Bistrita-Nasaud-Cluj-Salaj Cluj-Napoca Cluj-Napoca Military Prosecutor's Office Targu Mures-Harghita-Mures Targu Mures Military Court TimisoaraMilitary Prosecutor's Office Craiova-Dolj-Gorj -Hunedoara-Mehedinti Craiova Military Prosecutor's Office Oradea-Bihor-Maramures-Satu Mare Timisoara Military Prosecutor's Office Timisoara-Arad-Caras-Severin-Timis Timisoara ------------
