Advanced Search

Law No. 82 Of 18 May 1999 Concerning The Replacement Of The Prison With The Offender's Criminal Penalty Provision Obliging The Community Service Activity

Original Language Title:  LEGE nr. 82 din 18 mai 1999 privind înlocuirea închisorii contravenţionale cu sancţiunea obligării contravenientului la prestarea unei activităţi în folosul comunităţii

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 82 82 of 18 May 1999 on the replacement of the contravention prison with the sanction of obliging the offender to perform a community service
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 228 228 of 21 May 1999



The Romanian Parliament adopts this law + Article 1 (1) The sanction of the contravention prison, regulated by special laws or by ordinances and decisions of the Government, is replaced, under the present law, with the sanction of obliging the offender to perform an activity for the benefit of the community. (2) The sanction of obliging the offender to the performance of a community service shall apply by the court, if there is his consent. (3) Community activity shall be carried out in the field of public services for: maintenance of parks and roads, maintenance of cleaning and sanitization of localities, carrying out activities for the benefit of children's homes and elderly, of orphanages, hospitals, schools, kindergartens. (4) The public services listed in this Article are exemplifying. (5) If the offender does not consent to the contravention of the contravention prison to be replaced by the provision of community service, the sanction of the contravention prison imposed by the court is executed in the arrest of the police or in specific places intended from prisons, established by the Minister of Justice. + Article 2 (1) The sanction regarding the provision of a community service shall be executed after the hours of the offender's program, for a duration between 50 and 300 hours, maximum 3 hours per day, and on non-working days, exclusively on Sunday, 8 hours per day. (2) If the offender has the possibility to execute the sanction during each day during the week, and the mayor of the locality, through the authorized persons, can ensure the supervision of the activity of the offender, the maximum duration Work is 8 hours a day. + Article 3 (1) The sanction of the obligation of the offender to the provision of a community activity, imposed by the final court decision, shall be executed by the court that delivered the judgment. A copy of the device of the judgment, accompanied by the execution warrant issued for this purpose, shall be communicated to the town hall in whose territorial area the offender is domiciled, as well as to the offender. (2) The execution warrant shall be drawn up in four copies and shall include: the name of the court that issued it, the date of issue, the number and date of the decision to be executed, the data relating to the person of the offender: birth, parents ' name and surname, nationality, studies, military situation, occupation and address. In addition to these terms, the execution warrant also includes the duration of the activity to be performed by the offender and the unit to which the sanction is executed, which the court determines in the course of the judgment, based on the data communicated by city hall. + Article 4 (1) The local council shall establish by decision, according to art. 1, the areas of public services and places where offenders will perform community service. (2) The mayor, who is required to carry out the execution mandate issued by the court, immediately establishes the content of the activity to be performed by the offender, the conditions under which the perpetrator executes the sanction, as well as the working hours, incunostintand about the measures taken by the court that pronounced the decision and the unit to which the activity will be performed. (3) When establishing the content of the activity to be performed by the offender, the mayor will consider the professional training and the state of his health, attested by acts issued under the law. (4) It is forbidden to allocate the offender for the provision of activities underground, in me, metro or in other such places with a high degree of risk in the provision of activity. It is also forbidden to allocate for the provision of activities in dangerous places or which, by their harshness, cause physical suffering or cause damage to the person's health. (5) The sanction of obliging the offender to perform a community service cannot be applied in the case of the disabled person, the pregnant woman or the woman who has a child aged up to 2 years, as well as in the case of military in the term. (6) The sanction of obliging the offender to perform a community service shall be carried out in compliance with the rules of technique and occupational safety. (7) If the public service in which the offender performs the activity was leased to a commercial company with full or partial private capital, the value of the benefits made will be paid to the city hall in whose territorial area The sanction is executed. + Article 5 (1) The sanction of obliging the offender to perform a community service can also be applied to minors, if the perpetrator, at the time of the act, had turned 16. The activity is performed for a duration of between 25 hours and 150 hours. (2) It is forbidden to oblige the minor to perform an activity that carries risks or is likely to compromise his education or to harm his health or physical, mental, spiritual, moral or social development. (3) The mayor, in the execution of the obligation to carry out the execution mandate issued by the court, establishes the content of the activity, the conditions under which the minor's work programme is also carried out, ensuring the effective application of provisions of para. ((2). (4) The obligation of the minor to perform an unpaid activity in an institution of public interest, provided in art. 103 103 para. 3 lit. c) of the Criminal Code, shall be applied and executed under the conditions of this law. + Article 6 (1) The supervision of the execution of the sanction shall be ensured by the persons empowered by the mayor of the locality or by the mayors of the sectors of Bucharest community service, pursuant to the judgment. (2) The community activity shall be performed according to a program based on indicative labor norms established by the mayors, to make possible the exercise of control, at different intervals, by those empowered with supervision of execution sanction. (3) The public service unit to which the offender executes the sanction is obliged, at the request of the mayor, to communicate the data and information requested regarding the execution of the sanction. + Article 7 Against the measures taken with regard to the content of the activity, to the conditions in which it is carried out, as well as to the way in which the supervision is exercised the offender can complain, which is submitted to the town hall to which the with activity supervision. The complaint, together with the act of verification of the issues referred to it, shall be submitted, within 5 days from the registration, to the court that delivered the judgment. + Article 8 (1) The complaint shall be settled within 10 days of its receipt by the court which delivered its judgment. (. Where the court finds that the complaint is based, it shall, where appropriate, have a change of activity or supervisory measures. (3) The judgment of the court is enforceable and is communicated to the city hall to which the offender filed the complaint. + Article 9 (1) If the offender has executed at least half of the duration of the sanction imposed by the court, had good conduct and was arousing in work, the court may order an end to the execution of the sanction, at the request of the city hall, of the unit to which he provided the activity or the offender. (2) If after the final stay of the decision or during the execution of the sanction of the obligation to perform an activity for the benefit of the community the offender has totally lost his/her work capacity, the town hall in which the execution was ordered the sanction refers to the court that delivered the judgment, in order to replace this sanction with the sanction of the fine, the amount of which will be determined according to the extent of the sanction of obliging the offender to the provision of an activity in community service, left unexecuted, and the circumstances that led inability to work. + Article 10 (1) If the offender, with ill-will, does not appear at the place established by the court for the performance of the activity, evade the execution of the sanction after the start of the activity or does not perform his duties work or commits a new contravention for which the law provides for the sanction of the contravention prison, as an alternative sanction alongside the fine, the court that judged the contravention, at the request of the mayor or the management of the unit to which the offender was required to present himself and to have good conduct, can replace sanction of obliging the offender to perform a community service with the sanction of the contravention prison, which is executed in the places provided for in art. 1 1 para. ((5). (2) If after the final stay of the decision or during the execution of the sanction of the obligation to perform a community activity the offender has committed a crime, the court, at the request of the authorities provided in par. (1) or the police bodies, orders the replacement of the sanction imposed with the sanction of the contravention prison, which is executed after the execution of the prison sentence applied for that crime. (3) The judgment of the application shall be made no later than 5 days. ((4) The contravor who was present at the proceedings or at the judgment and the prosecutor may request a review of the case no later than 24 hours after the judgment. If the offender was not present, the 24-hour deadline flows from the communication of the ruling. (5) The request for review shall be settled within 3 days by the same court, in complete form of 2 judges. (6) The judgment given in the request for review is final. + Article 11 The provisions of the special laws and other normative acts relating to the bodies and persons empowered to find the contraventions and to refer the matter to the court, the provisions on minors, the confiscation things that served to commit the contravention, if they are of the offender or were acquired by committing the contravention and if they are not returned to the injured person, the provisions on the payment of the fine and those by which it is instituted the possibility for the court to make its instalment and those regarding the payment of compensation for the damage caused, the provisions on limitation periods for the application and execution of the sanction, the trial procedure and the remedies provided for in the case of the contravention of the contravention prison, as well as the other provisions regarding the contraventions are also applicable in the case of the sanction of obliging the offender to perform a community service, if it does not contravene the provisions of this law. + Article 12 (1) The execution of the fine unpaid in bad faith is made according to the forced execution procedure. (2) If the offender does not pay the fine, nor is there the possibility of forced execution, the court in whose territorial area the contravention was committed, upon referral of the unit to which the ascertaining agent belongs, orders the replacement of the fine with the sanction of the contravention prison or, if there is the consent of the offender, with the sanction of his obligation to perform a community service. + Article 13 (1) The pending cases, in which the ascertaining agent requested the court to apply the sanction of the contravention prison, will be resolved according to the present law. (2) The final court decisions, which applied the sanction of the contravention prison, but which were not executed, at the request of the offender, will be communicated to the city hall and to the police bodies in whose territorial area he resides, and the judge delegated with the execution of the decisions will mention in the communication the number of working hours resulting from the replacement of the sanction of the contravention prison, which the offender has to carry out. The establishment of working hours shall be in accordance with the provisions of paragraph ((5). (3) The delegated judge will also communicate to the offender the sanction he has to execute following the replacement of the contravention prison, the place where the number of working hours he has to perform will be executed. (4) If until the entry into force of this law the offender has not entirely executed the sanction of the contravention prison, at its request, the management of the holding place to which the sanction executes shall immediately communicate to the court that pronounced the remainder of the penalty remaining unexecuted. The judge provided in par. (2) replaces the rest of the contravention sanction with the sanction of obliging to perform a community service and proceed according to the provisions of par. ((5). (5) The replacement of the sanction of the contravention prison that was not executed or of the remaining sanction left unexecuted with the sanction of obliging the offender to the provision of a community service shall be counted for a month prison for 50 hours of activity. + Article 14 This law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania. This law was adopted by the Chamber of Deputies at the meeting of October 20, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU This law was adopted by the Senate at the meeting of April 15, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU -----------