Law No. 82 of 18 May 1999 concerning the replacement of the prison with the offender's criminal penalty provision obliging an ISSUER community service activities, the PARLIAMENT Published in MONITORUL OFICIAL nr. 228 of 21 May 1999, the Romanian Parliament adopts this law.
Article 1 (1) the prison administrative Sanction, regulated by special laws or by Government decisions and ordinances, shall be replaced, under the present law, with the sanction of a provision obliging the offender to the community service activities.
(2) the penalty provision obliging the offender to a community service activities shall apply to the Court, if there is consent.
(3) the service provision in the field of public services: maintenance of parks and roads, cleaning and sanitizing, conducting settlements for the benefit of children and elders, of the schools, hospitals, orphanages, gradinitelor.
(4) the public services listed in this article are sample.
(5) where the infringer did not sanction administrative detention consents to be replaced by the provision of a service offence, the penalty applied by the Prison Court is executed in police custody or in prison exactly intended venues, established by the Minister of Justice.
Article 2 (1) the sanction concerning the provision of a service is performed after the offender, for a duration of between 50 and 300 hours, not more than 3 hours per day, and non-working days, excluding Sundays, 8 hours per day.
(2) where the offender is allowed to execute the penalty during each day of the week, and the Mayor of the village, by the persons who are empowered, can ensure the supervision of the activity of the infringer, the maximum duration of work is 8 hours per day.
Article 3 (1) the offender's sanction of a provision obliging the community service activities, implemented through the remaining judgment has become final, the execution of the Court judgment. A copy of the judgment, together with device mandate execution issued for this purpose shall be notified to the Town Hall in whose territorial RADIUS the infringer is domiciled, and the offender's account.
(2) the mandate of enforcement shall be drawn up in four copies and shall contain: the name of the Court which issued it, date of issue, the number and date of the judgment that is executed, data relating to the offender's person: name, surname, date and place of birth, name and surname of parents, citizenship, education, military situation, occupation and address. In addition to these indications, the mandate of execution include duration of the work to be performed by the offender and the drive to which you want to execute the penalty, which determines the Court during worldwide judgment, based on data supplied by the City Hall.
Article 4 (1) the City Council shall determine by judgment, under art. 1 public service areas and places where violators will provide community service activities.
(2) the Mayor, to whom it is incumbent to bring to fruition the mandate of enforcement issued by the Court, shall determine as soon as the content of the activity to be performed by the offender, the circumstances in which the perpetrator executed the penalty, as well as the work programme of the measures taken, incunostintand Court judgment and the unit where it will perform the activity.
(3) in determining the content of the activity to be performed by the offender will be considered Mayor vocational training and its state of health, certified by documents issued in accordance with the law.
(4) it is prohibited to provide a breakdown of the offender's activities in underground mines, underground or in other places with a high degree of risk in performing the task. It is also prohibited for allocation to provide activities in dangerous places, or who, by their severity, are causing physical ailments or inflict damage on the health of the person.
(5) the provision obliging the offender's Sanction of a community service activities cannot be applied in the case of a person with disabilities, pregnant woman or a woman who has a child in care at the age of 2 years, and in the case of conscripts.
(6) the sanction of a provision obliging the offender to the community service activities are executed in compliance with technical and safety rules at work.
(7) where the public service in which the offender performs activity was leased for a company with private capital all or part of any consideration of benefits payments will be made on the Town Hall in whose territorial RADIUS the sanction is executed.
Article 5 (1) the offender's sanction of a provision obliging the community service activities may be applied to minors, if the perpetrator of the offence at the time it was committed, at the age of 16 years. The work is supplied for a period of between 25 and 150 hours.
(2) it is prohibited to order the juvenile to the operation of an activity which involves risk or is likely to compromise them or harm them education health or its development physical, mental, spiritual, moral or social.
(3) the mayor shall, in the performance of the obligation to bring to fruition the mandate of enforcement issued by the Court, shall determine the content of the activity, the conditions under which it is performed and the work programme of the juvenile, ensuring effective implementation of paragraph 1. (2) and (4) the obligation of the minor to provide unpaid activity in an institution of public interest, laid down in article 21. 103 para. 3 (a). c) of the Criminal Code applies and is run under the present law.
Article 6 (1) the supervision of the execution of the penalty shall ensure by persons authorized by the Mayor of the town halls or Bucharest sectors belonging to the place in which the offender performs a provision obliging the sanction activities in community service, under judgement.
(2) the service is supplied under a programme based on standards set by the employment Guide, which make it possible to exercise control, at intervals, by those empowered with overseeing the execution of the penalty.
(3) the establishment in the field of public service to which the infringer is required to execute the penalty at the request of the Mayor, to communicate the requested data and information relating to the enforcement of the sanction.
Article 7 measures taken with regard to the content of the activity, the circumstances in which, and the manner in which it shall supervise offender may make a complaint that is filed at City Hall in which the officer responsible for supervising the activity. The complaint, together with the Act of verification shall be seized, within 5 days after the registration, the Court which pronounced the judgment.
Article 8 (1) a complaint shall be settled within 10 days after the receipt thereof by the Court which pronounced the judgment.
(2) where the Court finds that the complaint is justified, order, if necessary, change the activity or to surveillance measures.
(3) Judgment of the Court shall be enforceable and shall notify City Hall at which the infringer has complained.
Article 9 (1) If the infringer has executed at least half the length of the sanction imposed by the Court, had a good demeanor and was persistent in the work, the Court may order the termination of the enforcement of the penalty at the request of the Town Hall, on which he performed the work or the offender's account.
(2) If after final judgment or possession during the execution of the penalty provision obliging an offender community service activities and total lost working capacity, the city of which it was decided to refer the matter to the Court that the execution of the penalty of judgment, to replace this sanction with penalty of fine, whose amount will be determined depending on the extent of the sanction provision obliging the offender to a community service activities in 1907, neexecutata, and the circumstances that gave rise to incapacity for work.
Article 10 (1) where the infringer with ill-will, fails to appear at the place fixed by the Court for the purpose of performing work, balk at enforcement of the sanction after the start of the activity or fails the duties incumbent on it in the workplace commits an irregularity new times for which the law stipulates the penalty of imprisonment as an alternative penalty offences, along with the fine, the court judged that offence at the request of the mayor or management unit to which the infringer have an obligation to come forward and to have a good conduct, may replace the penalty provision obliging the offender to a penalty of community service with the prison, which is based in premises referred to in art. 1 (1). (5).
(2) If after final judgment or possession in the course of execution of the penalty provision obliging the community service activities of a contempt committed an offence, the Court, at the request of the authorities referred to in paragraph 1. (1) or of the police, has applied with the replacement of the sanction sanction administrative detention, which is executed after the execution of the prison sentence imposed for that offence.
(3) the application shall be made in the judgment of not more than 5 days.
(4) the Offender who was present at the debates or the pronouncement and the Prosecutor may request review of the case within 24 hours of judgment. If the infringer was not present, the time limit of 24 hours flows at communication.
(5) the request for review is received within 3 solves days by the same court in fully-formed of 2 judges.
(6) a judgment made in the request for review is final.
Article 11 the provisions of special laws and other enactments relating to the bodies and persons empowered to check irregularities and to refer the matter to the Court for the purpose of trial of the case, the provisions concerning juveniles, the seizure of things which have been used in committing the contravention, if they are of the offender's or were acquired by committing the violation and if they are not returned to the injured person, the provisions on payment of the fine and those by which it established the possibility for the Court to make staggering them and those relating to payment of compensation for damage caused, the provisions on time limits for the application of the limitation and the execution of the penalty, the procedure and the legal remedies provided for in the case of a minor offence, the penalty is imprisonment as well as other provisions relating to the offence shall be applicable in the case of the penalty provision obliging the offender to an activity on behalf of the community, if not contrary to the provisions of this law.
Article 12 (1) enforcement of unpaid fine in bad faith shall be made according to the procedure execution.
(2) if the offender has not paid the fine and no court can enforce, in whose territory the offence was committed, the referral unit belonging to the claim agent, has fine with replacing the prison administrative sanction or, if there is the offender's consent, with the sanction of a provision obliging it to community service activities.
Article 13 (1) causes the ongoing trial, in which the Court requested the claim agent applying the sanction administrative detention, will be resolved according to the present law.
(2) definitive judgments, by which the sanction has been applied based on prison but were released, at the request of the offender, shall be communicated to the City Hall and police bodies in whose territorial RADIUS it is domiciled, and judge delegate enforcement enforcement of judgments will be noted in the communication the number hours of work arising from the replacement of the prison administrative sanction, which the infringer has to perform. Setting working hours shall be in accordance with the provisions of paragraph 1. 5. (3) the judge shall delegate will also sanction the offender that run as a result of the replacement of the prison, the place where the offence will be served and the number of hours of work that he has done.
(4) If, after the entry into force of the present law offender has not executed entirely in the prison administrative sanction, at his request, the management of the place of detention to which penalty shall immediately execute the Court judgment that the remainder of the sanction remained unfulfilled. The judge referred to in paragraph 1. (2) replaces the rest of the administrative penalty with sanction from a provision obliging the community service activities and proceed according to the provisions of paragraph 1. 5. (5) replacement of prison administrative penalty which was not put into execution or of the rest of the sanction remained unfulfilled with the sanction of a provision obliging the offender to the community service activities shall be carried out according to one month in prison for 50 hours.
Article 14 this law shall enter into force 30 days after its publication in the Official Gazette of Romania.
This law was adopted by the Chamber of deputies at its meeting of 20 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU, this law was adopted by the Senate at its meeting on 15 April 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. NICHOLAS, PRESIDENT of the SENATE ULM SADR — — — — — — — — — — —