Law No. 54 Of 9 July 1993 *) * Reprinted For The Organization Of The Courts And Military Prosecutors ' Offices

Original Language Title:  LEGE nr. 54 din 9 iulie 1993*) *** Republicat pentru organizarea instanţelor şi parchetelor militare

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Law No. 54 of 9 July 1993 *) * Reprinted for the Organization of the courts and prosecutors ' offices ISSUING military published in PARLIAMENT OFFICIAL GAZETTE nr. 209 of 13 May 1999 — — — — — — — — — — — — — — — * Note) Republished pursuant to art. Paragraph 5. (2) of law No. 43/1999, published in the Official Gazette of Romania, part I, no. 130 of 31 March 1999, posing a new numbered items.

Law No. 54 of 9 July 1993 was published in the Official Gazette of Romania, part I, no. 160 of 14 July 1993.

Note *) Law No. 92/1992 was republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997.


Chapter 1 General provisions Article 1 organisation and functioning of the courts and military prosecutors ' offices shall be subject to the provisions of this law.
To the extent that this law not provided otherwise, the provisions of law No. 92/1992 for the judicial organisation *) are applicable to military courts and prosecutors ' offices.


Military Courts are article 2: a) military courts;
  

b) territorial military tribunal;
  

(c) Military Court of appeal).
  


Article 3 of the courts ' military Districts and military prosecutors ' offices are set out in the annex to this law.


Article 4 military Courts judge at their premises. For special reasons may require that the judgment to be held elsewhere, including in military units.


Article 5 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.
When the Prosecutor does not have degree equal to the surveyed will be assisted by another Attorney with appropriate degree, called by the Chief Military Prosecutor's Office Prosecutor's next Supreme Court Justice.


Article 6 the courts and the public prosecutor of the military falls 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.


Chapter 2 article 7 military courts in the cities of Bucharest, Cluj-Napoca, Iaşi and Timişoara operates military tribunals.
The law may establish and other military tribunals.


Article 8 the Military Tribunal is headed by a President, assisted by a Vice-President.


Article 9 of the Military Tribunals judging processes and data applications within their jurisdiction by law.


Article 10 the law Causes the data in the jurisdiction of the military courts are the first instance court 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.
  


Chapter 3 article 11 territorial military tribunal in Bucharest a territorial military tribunal.
The law may establish territorial and other military tribunals.
The territorial military court is headed by a President, assisted by a Vice-President.


Article 12 territorial Military Court judge on the first court, processes and data requests by law under its jurisdiction.
As the Court of appeal, judge military Tribunal declared territorial calls against the judgments given in first court of military courts, except for the offences mentioned in article 1. 279 paragraph 2. 2(a) a) of the code of criminal procedure and criminal offences against law and order and military discipline sanctioned by law with jail not exceeding 2 years.
Territorial military court, as the Court of appeal, judge appeals against judgments handed down by military tribunals which, by law, are not subject to appeal.


Article 13 Causes 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.


Chapter 4 Military Court of appeal Article 14 the Court of Military Appeals Court as unique works in Bucharest, being led by a President, assisted by a Vice-President.


Article 15 Military Court of appeal judge on the first court causes data under its jurisdiction by law.
As the Court of appeal, the Court of Military Appeals judge declared calls against the judgments given in first court of the territorial military tribunal.
As the Court of appeal, the Court of Military Appeals judge appeals against judgments declared in calling for territorial military tribunal, as well as in other cases provided by law.


Article 16 data law Causes, within the competence 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.


Chapter 5 article 17 tasks of the public prosecutor of the military Public Ministry are achieved by military prosecutors, constituted into public prosecutor's offices, in addition to each military court.
In addition to military courts can operate several military prosecutors ' offices in relation to the extent of the territorial District Court concerned.
The public prosecutor of the military operates in cities: Bacau, Brasov, Bucharest, Cluj-Napoca, Constanta, Craiova, Iasi, Oradea, Ploiesti, Targu Mures and Timisoara.
Military Prosecutor's districts are set out in the annex to this law.


Article 18 the military prosecutor is organized Activity and is conducted according to the principles laid down in law No. 92/1992.
The public prosecutor of the military are against military courts independent and in dealing with other public authorities; They shall exercise their powers only under the law and to ensure its compliance.


Article 19 duties of the military prosecutors are those referred to in article 1. 27 of law No. 92/1992, which properly applies.


Article 20 the public prosecutor's Office by 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.


Article 21 the public prosecutor of the military court of the territorial Military Court and military appeals will have sections of criminal and judicial, headed by the Chief Military prosecutors.


Article 22 the military attorney general's Office of the Court of Military Appeals exercised, directly or by military prosecutors, inspectors control over military subordinate prosecutors.


Chapter 6 military Judges military Judges of article 23 and military prosecutors have the status of magistrates and magistrates who are part of the body.


Article 24 may be called a military magistrate the person who, in addition to the conditions prescribed by law. 92/1992, the quality officer.


Article 25 military judges and prosecutors, with the exception of those in training, are appointed according to the Decree of the President of Romania, at the initiative of the Superior Council of Magistracy.


Article 26 special conditions for appointment and promotion of judges and prosecutors as referred to in law No. 92/92 shall apply correspondingly to judges and prosecutors.
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 the military prosecutors of 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.


Article 27 military Judges appointed under the present law shall be irremovable. Military prosecutors and military judges interns enjoy stability.
Military judges may not be under investigation, detained, arrested, imprisoned or perchezitionati judgment without an opinion of the Minister of Justice.


Article 28 the provisions of law No. 92/1992, relating to the rights and duties of judges and magistrates, are applicable to the military.


Article 29 meetings of the Magistrates Court are obliged to wear military uniform.


Article 30 military Judges are active military and have all the rights and obligations arising out of this quality.

Remuneration and other rights due military and civilian staff ensure that the Ministry of national defence in accordance with the provisions of law No. 50/1996 concerning remuneration and other entitlements of the staff of law enforcement agencies, the judicial authority and the rules relating to the rights and the specific quality of the money transfer active military and civilian employees of the Ministry.
Granting military ranks and increasing degree of military magistrates are done according to the rules applicable to permanent cadres of the Ministry of national defense.


Article 31 the military judges rules laid down by the rules of military discipline attracts liability in accordance with its provisions.
Committing the military judges of some disciplinary in connection with the performance of their duties as judges of their liability under the terms draw and after the procedures laid down in law No. 92/1992.


Chapter 7 auxiliary Personnel, economic, administrative and service Article 32 All courts and military prosecutors ' offices will have a registry, a registry office, an archive, an administrative-economic and a bin.


Article 33 staff, economic, administrative, and service to the courts and the public prosecutor of the military could be called from among the non-commissioned officer.


Article 34 personnel Appointment provided for 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.


Article 35 the organisation and functioning of the courts and auxiliary compartments prosecutors their military duties as well as reprimanding staff compartments in question shall be determined by the regulation approved by the Minister of Justice, taking into account the specific rules of the Ministry of national defense.


Chapter 8 transitional and final provisions Article 36 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.
Staff needed for each court and the corresponding volume of parquet, military activity, is determined by the Minister of Justice.


Article 37 Means materials, including the auto, required officials of courts and prosecutors ' offices, as well as money and material rights of their staff ensure that the Ministry of national defense.
Annually, beginning with the 1993 budget exercise, the Government will include in the budget of the Ministry of national defense funds needed for the Organization and functioning of courts and military prosecutors ' offices provided for in this law.


Article 38 the courts and military prosecutors ' offices have military police put into their service by the Ministry of national defense. Staffing of military police will be established by the Government, upon the proposal of the Minister of Justice and Minister of national defense.
Military police questioned prosecutors ' offices and courts service is subordinated to the military Presidents or Prime their prosecutors. The number of staff required for each court and flooring will be established by the Minister of Justice.
Guarding the premises of the military courts and prosecutors ' offices ensure national Defense Ministry free of charge.


Article 39 this Act enters into force on its publication in the Official Gazette of Romania).
Provisions concerning the composition and functioning of the courts and prosecutors ' offices, the judiciary and military disciplinary military judges will be put into force on 1 July 1993.


Article 40 until 1 July 1993, the Government, county councils and the local councils, with the support of the prefectures, will put at the disposal of the Ministry of national defense premises and additional facilities required officials of courts and military prosecutors ' offices organized under the provisions of this law.
Until 1 July 1993, the Ministry of Justice will ensure, together with the Ministry of national defense, selection and staff according to the new structure of the courts and prosecutors ' offices.


Article 41 the provisions of art. 155-159 of the law nr. 92/92 is applied properly and the courts and military prosecutors ' offices.


Article 42 on the date of entry into force of the present law shall repeal the provisions relating to military justice and the military prosecutor of the law nr. 58/68 for judiciary and law. 60/68 for the Organization and functioning of the Prosecutor's Office, as well as any other provisions contrary to this law.
— — — — — — — — — — — — * Note) and see the coming into force of the final regulatory action modifier.


Annex 1 the COURTS and the PUBLIC PROSECUTOR of the MILITARY in ADDITION to this, the TOWNS of RESIDENCE and THEIR CONSTITUENCIES First TERRITORIAL Military Court Prosecutor territorial Constituency (counties) of the Court of appeal and the appeal of the military prosecutor's Office place of residence place of residence place of residence place of residence Bucharest military tribunal the military prosecutor's Office of Bucharest--------Bucharest Bucharest territorial High Court Public Prosecutor of the military court in Bucharest Bucharest territorial High Military Prosecutor Constanţa-Constanţa-Constanţa, Tulcea, Bucharest

 

Military Prosecutor Ploieşti-Buzău-Prahova-Ploieşti-Iaşi Military Tribunal, Military Prosecutor-Bacău-Suceava-Iasi-Bacău Military Prosecutor Clifford Iasi-Romania-Vaslui-Iaşi-Galaţi, Iaşi Military Tribunal Cluj Military Prosecutor Braşov-Braşov-Sibiu-Brasov Bucuresti Cluj Military Prosecutor's Office In Bucharest-Alba-Bistriţa-Năsăud Cluj-Salaj, Cluj-napoca Cluj-napoca, Târgu Mureş Military Prosecutor-Harghita, Mureş-Târgu Mureş Military Tribunal, Military Prosecutor-Timisoara-Gorj Hunedoara And Mehedinţi-Craiova Military Prosecutor-Oradea-Bihor, Satu Mare-Maramureş-Timisoara-Timisoara, Oradea Military Prosecution Office Arad, Romania-Caras-Severin And Timis-Timisoara------------