Law No. 312 Of 24 April 1945 To Pursue And Punish Those Responsible For The Country's Disaster Or War Crimes)

Original Language Title:  LEGE nr. 312 din 24 aprilie 1945 pentru urmărirea şi sancţionarea celor vinovaţi de dezastrul tarii sau de crime de război *)

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LAW No. 312 on 24 April 1945 to pursue and punish those responsible for the country's disaster or war crimes *) MINISTRY OF JUSTICE ISSUING published in MONITORUL OFICIAL NR. 94 of 24 April 1945 Note *) Text corrected according to rectifying the problems arising in the Official Gazette No. 95 of 25 April 1945.

Article 1 Am guilty of those country's disaster: a) Making for fascism and hitlerism or having effective liability policy allowed the entry of German troops to be stationed on the territory of the country;

b) After 6 September 1940, have campaigned for the preparation or completion of the facts above by graiu, by writing or by any other means.

Article 2 Are guilty of the country through disaster committing war crimes those who: a) have decided against declaring war or the continuation of the Union of Soviet Socialist Republicelor and the United Nations;

b) have not complied with international regulations relating to the management of the war;

c) have subjected to inhuman treatment on the prisoners or hostages of R2;

d) Have ordered or perfect acts of terror, cruelty or suppression over the populatiunei of the territories in which it has waged war;

e) Have ordered or committed collective repression or individual for the purpose of persecution for reasons of race or politics on the civilian population;

f) Have ordered or organized labor or excessive movements and transport of persons for the purpose of their exterminarii;

g) Commanders, managers, supervisors and guards of prisons, prison camps or deported hospitalized, policy or political prisoners, bearings or forcing the mandatory work, who subjected to treatments neomenoase those under their power;

h) judicial police officers or investigators any basis in matters of political or racial who committed acts of violence, torture or other illegal means of constraint;

I) Prosecutors or judges civilians who helped the military times or committed-intentionally-acts of terror or violence;

j) have left the national territory to be put at the service of hitlerismului or fascism and attacked the country in writing, via graiu, or in any other way;

k) and have owned private property unlawful or abusive or political territories in which he waged war;

l) have made fortunes in the illegal way, on the occasion of the participation in the management of the war, in any quality, or by taking advantage of their connection with such persons or legiuirile and measures in fact Hitler character, or racially nurse;

m) have been ordered or initiated the creation of ghettos, internment camps times deportation for reasons of politics or racial persecution;

n) ordered the edictarea legions or unjust measures of hitlerista conception, legionnaire or racial, or have practiced intentionally-excessive execution of laws derived from the State of war and dispoziţiunilor of political or racial;

o) were put in the service of hitlerismului or fascism and contributed works from their own political goals or the economic life of the country aservirea to the detriment of the interests of the Romanian people.

Article 3 the guilty of the conduct referred to in article 1. 1 and art. 2 (2). m-a, shall be punished with imprisonment or life hard with heavy imprisonment from 5 to 20 years ' rigorous imprisonment or with from 3 to 20 years.
Those guilty of the acts provided for in art. 2. paragraphs 2 and 3. a-j will punish with death or life with hard labour.
Those guilty of the acts provided for in art. 2, paragraph 1. k-l will be punished with hard labour or life with hard labour at bordered by 5 to 25 years with hard Dungeon from 3 to 20 years.
Co-authoring and instigators of those guilty for the acts provided for in this law shall be punished with the same punishment.
Tainuitorii, favorizatorii and accomplices of those guilty for the acts provided for in this law shall be punished with a penalty lighter with a degree than that laid down for the primary author.
In addition to these penalties, will rule and civic degradatiune, as well as confiscation of the benefit of the State as compensation.

Article 4 the Minister of Justice will establish a number of public prosecutors charged with research and training to those convicted of committing offences under this law, as well as instigators, co-authors, accomplices, their favorizatorilor and tainuitorilor.
One of the accusers of the public will have commissioned Chief of his accusers.
Public accusers will be appointed from among the Romanian citizens, irrespective of gender, can be appointed and of civil servants.
The appointment will be made by Royal Decree, at the high of a proposal by the Minister of Justice.
Research and training bodies will operate under the Ministry of Justice, based in Bucharest, and in case of necessity and in the cities of residence of courts of appeal.

Article 5 public Accusers will investigate all cases referred by the Council of Ministers.
They will be able to seize and ex officio or after sending by the Presidency of the Council of Ministers for research.
They will be able to get any relief in respect of goods measures banuitului and other natural or legal persons, who will remain in being until a trial. The public will be able to pick up the accusers, in everything or partly insurance measures.

Article 6 public Accusers have a right to do anything investigatiuni and collect any evidence, and use all the rights and powers conferred by the code of criminal procedure of the public prosecutor and the investigating judge.
They may be helped by magistrates, clerks or lawyers, and financial professionals, experts and officials will be appointed by the Minister of Justice or delegates.
Public accusers have a right to demand that their dispoziţiunile should be carried out by the organs of the judicial power and the executive power of any category. They may ask to be assisted in any circumstances by the public force. Also they will be able to make any inspection, perchezitiuni, to pick up any bodies tort, any documents from individuals or from any civil or military authority, even secret acts.
All public authorities are obliged to contest his accusers under the sanction of public dispoziţiunilor art. 243 of the penal code, for public servants who would ignore this duty.
The public prosecutor of the military headquarters and heavily involved in are obliged to make available to the public his accusers on the soldiers from the army's active frames. For senior officers, master degree will be required for this purpose, the prior authorization of the Minister of war.

Article 7 arrest warrants will be issued by the Council of Ministers, or with the consent of the accusers chief public accuser.
Arrests ordered are not subject to confirmation.
Public accusers will be able to require the release of those arrested, only with the consent of the accuser.
The Council of Ministers will be able to require, in all cases, the release of those arrested.

Article 8 as a result of his research, the public accuser will draw up the Act of indictment which will be subject to the Council of Ministers for approval.
The Council of Ministers will decide on appeals court with the judgment pricinei.
Acts of the Council and public accuser of Ministers cannot be attacked on the path.

Article 9 by sending the goods, all the accused are hit by downtime. Normally operates by publication in the Gazette of the notice of impeachment.
Extinction of incrimination by the death of the accused, occurred after the start of the research, does not prevent the taking of the measures provided for in article 4. 5 nor non-availability of the goods, and the research and judgment will follow against the heirs, for the benefit of the State confiscation of pecuniary claims.

Article 10 judgment of the facts referred to in this law shall be made by the people's Court.

Article 11 the Tribunal is composed of People: a) Judges appointed by the Minister of Justice of the judiciary;

b) judges people, Romanian citizens, men or women, elected from among the members of the seven political groups that enter into the composition of the Government of democratic concentration.

Each of these groups will designate five members, which will appear on the lists of the people's judges.
If a grouping will not appoint its members within 15 days from publication of this law, shall form only with persons specified by the other groups.
It will form the people's judges lists in each of the cities of residence of courts of appeal.

Article 12 the Minister of Justice will compose one or more full-Court of the people's Court upon necessity.
Panel of judges will be made up of new members of whom two shall be appointed magistrates and judges will be among seven people.
Judges people's Panel of judges will be held accountable by the Justice Minister, one from a list of five judges nominated by each group. If any of the groups has not appointed members, the draw of the judge in question will be made from among the members appointed by the other groups.
Panel of judges will be chaired by a magistrate named, which is the highest in rank or most Valdez in the same degree.
If any of the magistrates is prevented from taking part in the judgment, he will be replaced by another of the Minister of Justice.

If it is prevented from taking part in any of the judges of the people's judgment, it will be replaced by another cast lots from a list of members of the Group of which the judge is absent, and in the absence of the members nominated by that group, the draw will be made from among the members appointed by the other groups.
Prior to entry into service, the judges held the people will submit before the Minister of justice the oath of faith referred to the judicial body.
Appointed judges and judges of the people held the draw may not be recuzati.

Article 13 the Court will function Completele in Bucharest.
The Minister of Justice will be able to complete form and in cities of the other residences of the Court of Appeal. In this case these complete will be competent to judge the criminals who committed the deeds in the District Court of appeal in question.
Criminals who have committed acts besides the country's borders will be judged by the people's Court of Bucharest.
Instigators, accomplices, co-authoring, favorizatorii and tainuitorii will be judged by the same court.

Article 14 the President opens the meeting, has to make the call to the parties and witnesses, take the identity of the questioning of the accused and ordered to get read of the indictment. Then proceed to query the accused and witnesses after hearing that gives the word of the accuser and defense, such as the defence to have the last word.
The President declared closed desbaterile, after which the Tribunal decision to pronounce.
The meeting notes will be extremely limited.
The decision will be motivated and would be appealed to the appeal to the High Court of Cassation and justice only for bad compositing or applying the wrong court sentence.
The appeal is declared orally before the Court and will be tried in three days from the receipt of the dossier. The reasons for the appeal shall propose and desvolta through memoir writing, deposited until the day of the deadline.
The appeal to suspend the execution of the death penalty only in cases when it was pronounced the death penalty.
The decision will be made by the County Court of prosecutors at the Court who pronounced it.

Article Dispoziţiunile of the code of criminal procedure, in respect of the judgment and execution in criminal matters are applicable before the people's Court whenever they are not contrary to the provisions of this law.

Article 16 Any legal acts, of any nature, related to the assets of those convicted under this law, incurred after August 23, 1944, are null and void, and the assets of their assets will be subject to confiscation pronounced by the Court.
Goods or rights belonging to the wife and descendants of the person convicted, acquired after September 6, 1940, are subject to the same dispoziţiuni, out of the assets acquired by inheritance.

Article 17 of those who will hide in any way or give help to flee to those provided for by this law, as well as those who hide their wealth, will be punished by the people's Tribunal correctional imprisonment from 3 to 5 years.

Article 18 Dispoziţiunile laws: No. 50 for the pursuit and punishment of war criminals and profitorilor and no. 51 for monitoring and sanctioning of those responsible for the disaster, published in the Official Gazette on 21 January 1945, and any other dispoziţiuni to the contrary, are and shall remain abrogated.
Tracking paperwork and training, such as arrest warrants, and incurred under these laws before the date of publication of this decree-law, remain valid.
Pursuing and prosecuting, under this decree-law, those guilty of the country disaster or war crimes will be able to do until 1 September 1945.

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