Law No. 351 of 2 May 1945 for taking back speculation of sabotage and unlawful economic) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 101 of 3 May 1945 — — — — — — — — — — — — * Note) Text corrected according to rectifying the problems arising in the Official Gazette No. 126 on 6 June 1945.
Chapter I General article 1 Dispoziţiuni from the face Law applies according to dispoziţiunilor: a) Industrialists;
b) traders or retail;
c ambulant Traders);
d) persons forming isolated acts of Commerce;
e Direct and generally) of persons who, without being merchants, carrying on an activity having work or object of transformation products or goods or prestaţiuni times locatiuni of goods or services;
f) producers, except in cases in which the laws relating to the dispoziţiuni they contain;
g) any other natural or legal persons, public or private, where they are specifically provided for by laws or ordinances, deciziuni;
Article 2 Merchant is that with high does not sell directly to the consumer, but only revanzatorului, products or goods purchased or held on any basis, for the purpose of sale.
Retailer who sells directly to consumers, products or goods purchased or owned any basis for sale.
The dealer that sells both with high and retail, will be subject to both dispoziţiunilor regarding trade in high and dispoziţiunilor relating to the retail trade.
The importer will be subject to their respective dispoziţiunilor as fetch or retail stores.
The law regulating the movement of goods and price arrangements, and deciziunile data based on them, the very top it will exert every sort of trade, what exactly are considered with high sales or retail, or quantity of the goods after sold.
Article 3 Contracts of pledge agreements with persons mentioned in art. 1, letter a, b, d, e, f and g of this Act, having as their object either products or goods left in the warehouses of the borrowers, be stored in stores of creditors or third parties, or available to order from the creditors, shall be communicated to the children by lenders and borrowers and the financial authorities have targeted these contracts from the Ministry of industry and trade , General price Department, dimpreuna with a declaration, within 10 days from the rock formation of collateral.
Pledge contracts concerning the products or goods in the course of import shall communicate, in copy, dimpreuna with the above statement, before customs clearance, and in any event within ten days after entry of the goods into the customs from the rock.
Declaration type is determined by the Ministry of industry and trade, managerial decision, Commissioner General of the prices.
Changing the storage facilities will be notified within 10 days of the date when Dale was changing.
Changes in the subject of pledge shall be communicated in the month for the month.
Are exempted from the presence of the statements referred to above in favour of gajurile National Bank of Romania.
The commissary-General of the public prosecutor's Office will send you a monthly Price Court place of storage of the pledge, as well as according to the supervisory body of the children's place, pledge contracts that have been declared in accordance with dispoziţiunile of this article.
The Ministry of industry and trade, through the year, published in the Official Gazette, may modify the data must contain the testimony, and the place where they are to be submitted.
The Ministry of industry and trade will be able to pay the debt, and raise her merchandise to sell at the price or the legal maximum, calculated according to the legal norms in force, through cooperatives or economate canteens.
From the resulting amount will be repaid the State the amount paid and the rest will be handed to the owner of the goods.
Article 4 the courts are obliged to communicate, through the respective registries, Ministry of industry and trade, General price Department, having as their object the execution of actions or reviewing contracts of sale of goods or merchandise within 10 days from the presence of such appeal.
Portareilor body, in the same period, or the court seized goods or merchandise, are obliged to notify the Ministry of industry and commerce, the General Commissariat of sechestrele Prices applied on the products or goods.
All of these bonds are under disciplinary sanctions.
Article 5 the Minister of industry and trade, personally or through delegaţiune date State Sub-secretary of war Production, Sub-secretary of State Purchasing, Commissariat of prices or the Minister of mines and petroleum, within its sphere of activity, are authorized to take about deciziuni, any measures to limit and control the routing of the production, circulation, distribution and consumatiei of goods and products to the extent that such dispoziţiuni will not be considered by law or will not be in contradiction with it.
General Commissariat of prices is the only authority entitled to determine the selling prices of products and goods, as well as the prices and tariffs of services or locaţiunilor services, public or private property, with the exception of monopolized products, whose price will be fixed according to special laws.
Under the same conditions will be able to limit the benefits from the sale of products and goods for which prices are determined in accordance with the preceding paragraph, causing dispoziţiunile and the calculation of the cost price and sales.
When setting prices is required by manufacturers or commercial or industrial enterprises, General price Department will be able to appoint experts, through the year, dropping the same time fees for those surveys that have asked for pricing and who will do what will be fixed amounts for fees of General price Department.
The entry into operation, experts are obliged to file in front of the Commissariat General price times or delegate, the oath prescribed in article 3. 6 of the code of civil servants ' King '.
They are responsible for the work performed just like civil servants.
Notwithstanding paragraph 1, dispoziţiunile dela. 2, products and prices of goods, services and tariffs, as locaţiunilor of goods and services, assigned to it by law, until the entry into force of law No. 282, published in Monitorul Oficial nr. 100 of 1 May 1943 with its subsequent amendments in the jurisdiction of other departments or authority, shall be established or amended all of those same departments or authorities, but only following the assent of the General Commissariat of the prices.
General price Department has the right to ask for those departments or authorities, ex officio, to establish or modify prices or tariffs are given in their jurisdiction or to ask the Inter-Ministerial Council, (Government Economic Delegation) complete with the Minister of the Department concerned, to get him to fix or modify autorize these prices or rates.
Article 6 General price Department will be able to fix, by deciziuni, types of articles and features by deciziuni blocking or rechizitionarea of products and goods to any holder.
Under the same conditions will be able to dispose, by deciziuni, rechizitionarea by means of transport, as well as warehouses, silos for the storage of any other buildings of various products and goods.
The payment due for the above shown rechizitiile will be done according to the law dispoziţiunilor on the rechizitiilor.
Article 7 data law Deciziunile of the face, in the absence of contrary dispoziţiuni, become enforceable after 3 days off from the presence of their publication in the Official Gazette, except those possessing blocks or rechizitionari, they become enforceable even dela also publishing them in the Official Gazette, or by handing the minutes of blocking or its licensee's servant requisition times.
Price lists or mercurialele are mandatory in the rigid conditions of the deciziuni given by General price Department.
Article 8 nothing in this law and other laws, and deciziuni, which aimed to divert, limiting and controlling the production, circulation, distribution and consumatiei of goods, products and services prestatiunilor times locaţiunilor of services and goods, were temporary in nature in relation to article 3, paragraph 2 of the penal code.
Article 9 general price Commissioner will be able to through his set list deciziuni prestaţiuni locatiuni service, service times, as well as the list of goods or merchandise for that prefects (governors) of the County's municipalities, town councils, communes or urban spa and climatic, and mayoralties rural communes i.e. referred to in deciziuni, to fix maximum prices or rates.
Prefects (governors) for rural municipalities, with excepţiunea of those spas and town halls for other municipalities will fix those prices or rates through ordinances requiring advance notice of the opinion of the Office of the County economic question, with due regard for the rules of price formation, under disciplinary sanction.
Ordinances shall enter into force on the date of their display and Dale have validity up to display a new Ordinance.
The prefectures or town halls are obliged, within 24 hours of an injunction from the presence of displaying prices, in order to communicate the certified copy of the Office of the County economic question. The Office will forward the Ordinance, together with his observations of the Commissariat General price, within 3 days of receipt. dela
The display will be done in all premises of public authorities, on the premises of the Chamber of Commerce and industry, markets, places of consumption, in any other public place, and in any other manner that is likely to ensure a wide publicity.
Commissioner general of prices will be able to modify or exclude the mayors or prefects Ordinances at any moment.
Within three days after receipt of the communication from the rock regarding cancellation or amendment, the prefect or mayor must give orders and cancellation or modification to a package.
These infirmari or changes take effect only for the future.
Chapter II execution Bodies Article 10 Bodies of measures taken by the authorities referred to in article 1. 5 am: a) prefects (governors) of counties;
(b) municipalities and communes) Municipalities referred to in art. 9;
c) County economic supply Offices and control. 11 and made up of: 1. A County service supply, which is the organ of the State Sub-secretary of Purchasing.
2. A County service control depending on General price Department.
d) Delegates the State Sub-secretary Level under the auspices of the County Economic offices.
The prefect and the Mayor are obliged To: (a) take the necessary measures) to ensure supply of the county or municipalities;
b) to perform blocks and generally decided in rechizitiile art. 6;
c) to execute all other measures under the law of the face;
d) to control the application of dispoziţiunilor of this law.
Director of the Office of the County supply and economic control has the right to make County prefects and mayors of the municipalities of any proposals and give opinions.
Dismiss the opinions or proposals made in writing by the Director of the Office of the County supply and economic control shall communicate its reasoned within 5 days of their receipt from the rock.
When the opinion or proposal have been rejected, as well as when they were not ' gave a result, Director of the Office of the County supply and economic control is bound to the commissary General of the incunostiinta Price that will decide. General Commissariat of managerial decision is binding on the organs referred to in points a, b, and c of this article.
Article 11 of the County's economic Office supply and control works along with every county Prefecture.
He has the following debt collection: a) Execute the measures taken within the framework of the law of the face;
b) controls the implementation of dispoziţiunilor of the present law;
(c) the determination of) gives a maximum local prices in accordance with dispoziţiunile art. 9, as well as on other matters relating to pricing;
d) collects data necessary for determining the statistical production, consumption and the County available County products or goods, taking into consideration these data highlight and inform the Ministry of industry and trade and the Undersecretariat of State Purchasing over condiţiunilor and means of enforcement;
e) Execute the necessary work of the Prefecture of County and municipal mayoralties of the radius of the County, to accomplish the tasks with which they are given by this law;
f) execute any tasks given by the Ministry of industry and trade within the framework of the laws relating to the country's economy.
In order to accomplish the tasks set out above, the Office of the County supply and economic control may ask the Chamber of Commerce and industry, the county agricultural Chamber, commercial or industrial Inspectorate and primary doctors, human and veterinary, as well as County and local citizen control bodies, opinions on matters falling within their competence.
Article 12 in Bucharest will work and an office supply and control under the Mayor's Office, the County's economic atribuţiunile supply and control which will be led by delegate Mayor, assisted by two officials of the Ministry of industry and trade.
Article 13 economic Office supply and control County, is headed by a director appointed or delegated by the Undersecretariat of State Purchasing.
The Director will be delegated to Officials of the Ministry): industry and trade, Sub-secretary of State Purchasing, Ministry of Petroleum and mines and Commissariat General price, with prior approval of them;
(b)) other authorities or Officials of public instituţiuni, detached from the prefectures or their delegates with the consent, in order to fulfil the tasks also performs at the same time and their function;
The Director may be called between: a Former Inspectors General of Administration), prefects, mayors or mayors volunteers from citizens as part of a professional asociaţiune and recommended by it;
(b) Any other person) have a title.
Arranging County economic supply and control, their administrative staff and specialist, and the appointment will be made by deciziunii of the Ministry of industry and trade or the State Sub-secretary of Purchasing art, according to dispoziţiunilor. 10 of this law.
County inspection service will be headed by a delegate of the General Commissariat controller prices.
The County Prefecture and the Town Hall the commune of residence are obliged to make available to the Office of the County supply and economic control, and the necessary furniture and complete the staff of the Office, through the secondment of officials.
Chapter III measures to ensure production and activation, informing the authorities of Article 14 the Ministry of industry and trade, Ministry of mines and Petroleum times State Purchasing Undersecretariat of war Production, as well as General price Department, have the right to require undertakings of any kind to present their annual work programme or to impose a program directly.
They will also be able to impose on the branch of industrial activity accounting rules type.
For public undertakings, the program will be prepared to agree with the tutelara.
They can also ask for the traders, industrialists, craftsmen and manufacturers, any data: information, situations, or samples of goods or merchandise.
The Office of legal education from General price Department, operates special investigations Service, which will run for those above the works referred to in this article.
Article 15 Enterprises of any category will not be able to shrink their production or activity in relation to that which they had in the previous year, nor cease production or they refuse to resume the activity times, only with the prior approval of the Ministry of industry and trade.
Private enterprises will not be able to refuse the increase or intensification of activity if they were required by the Ministry of industry and trade.
Article 16 the Ministry of industry and trade, Ministry of mines and oil or Purchasing State Undersecretariat and the production of War have the right to compel producers through deciziuni or private undertakings of any kind, as in ' a certain period to conclude contracts for the supply of culture or purchase of goods or merchandise and advance deposit.
Rigid conditions and prices of the contracts will be fixed according to the dispoziţiunilor art. 5 of this law, in the case of contracts and price-taking culture and opinion of the Ministry of agriculture and areas.
Public Institutiunile will be charged to the crop contracts finished or guardianship authorities consent supply.
The ministries of industry and commerce, mines and oil or Purchasing State of the Undersecretariat of war Production, institutiunilor will be able to mandate State-controlled, to buy what amounts to a limit shall be put at the disposal of the Ministry of finance, indigenous products and goods or foreign, that will be stored or resell in terms what the times generally will decide.
Chapter IV Offences and penalties section I Offences having object acts through which is contrary to the measures taken to organize the production control, industry and trade Commits insider trading article 17 non-compliance with the control measures for industriasii, and skilled craftsmen — Internet merchants that: 1. Make exercise a trade or industry surreptitiously, without having a registered office or without registration in the trade registry office, which from the Chamber of Commerce and industry in whose constituency lies that Headquarters and for merchants with ambulant condiţiunilor required by law on itinerant trade 2. Does not display visibly on the façade of the restaurant company, shop or workshop company or profession, and if companies don't possess the premises and a certificate of the trade register Office, indicating the individuals responsible for personnel, administration and representation of the company, and the name of the Director or of the driver.
Article 18 also commit the offence of failure to comply with the measures taken to document consumers, traders, industriasii, skilled craftsmen — Internet and those providing services or locatiuni of goods or services who:
1. Does not display on a list in the shop or workshop, the price of the products, goods or prestatiunilor tariff, or the lease of goods and services and not the labels clearly visible in the shop, workshop and shop window, and for transport, the vehicle himself, price of goods, products and tariff prestatiunilor or locutiunii of goods or services, with all the elements provided for in laws and deciziunile governing the movement of goods and price fixing.
2. Do not display clearly in the store an array of goods stored in the way out of the store.
3. Do not expose the visible in the offices and warehouses of their factories, a catalog of current prices, signed by persons who employ valid undertaking.
4. Do not expose the conspicuous place in offices and retail warehouses and factories in rigid conditions below, an array of manufactured goods bearing the signature of the persons who employ valid undertaking. The dashboard will be prepared and displayed from 1 to 16 of each month and will remain displayed until the display of the instrument panel.
Article 19 Commits the offence of failure to comply with the measures taken to check the prices of all those referred to in article 1. 1 of this Act, with the exception of ambulant merchants and consumers: 1. Does not issue notes signed for sales up to 10,000 lei, food products or goods and up to 30,000 lei for sales of other products and merchandise, or prestaţiuni or locatiuni of goods and services or not issue invoices for products, merchandise and prestaţiuni times locatiuni of goods and services whose price exceeds these amounts.
2. Does not specify in notes and copies of them for sales: the nature, quantity, unit price and total goods sold and the date of sale and the date and time of the expedition of the goods, when the tax laws provide for this bond, and for prestaţiunile times locatiunile of goods and services: prestaţiunii way, price and date of receipt thereof.
3. Does not specify in their invoices and copies of the sales: the company's solicitor and act or identity, place of residence or its head office and registration number in the trade register of the buyer company, his domicile or registered office thereof, common name, type and quantity of goods sold, unit price, total price and the date of sale, and any other particulars required by the law or by the deciziunile governing the movement of goods and pricing and for prestaţiunile times locatiunile of goods and services: the name or business name and pronouns and their residence times that carried the one seat of prestatiunea and leases, company registration number, if it would be included, how the operation, price, date, name, pronoun or firm times permanent address.
4. Do not submit, upon request, copies of bills or notes and books, or at the registered office of the company, copies of notes or bills, or whose compulsory inspection records, including single control register, their presentation and should be done even in the absence of the employer, Manager or Director of the company, by their alternates.
Article 20 also Commit the offence of failure to comply with measures to control the prices of those who buy or import, with the intent to sell, work or transform the products or goods without Bill.
Article 21 Commit insider trading scam in the trade of those who: 1. Produce sold by weight or lack measurement, commodities or products having the weight or measure established by authority of law according to the laws in force, or deciziunilor, uzantelor President.
2. Expose with science for sale goods or products.
3. Buy the weighted metric or any goods or merchandise.
4. substitute goods or Falsify times products.
5. Expose for sale with good science or counterfeit products or goods substituted.
6. Teach other products or goods manufacturing times, quality ingredients the cat whom declarasera as a convenise, and have the buyer to buy it.
Article 22 this section is fractions punishable by imprisonment from 3 months ' correctional dela 4 years and by a fine from 1,000,000 50,000 lei dela.
Section II Infringements having the purpose of giving or getting a price of illicit speculation Article 23 Commit unlawful insider trading speculation those referred to in article 1, paragraph a, subparagraph (h), inclusive, that: 1. the Claim, or accept offers for products, merchandise, goods or services locatiuni, a price: higher prices to the maximum) is established by the law, according to the laws in force through deciziuni, ordinances, Mercurial or price lists targeted times or fixed in any way by the competent authority.
b) comprises a benefit higher than that permitted by the laws in force or their data under deciziunile.
2. Claim, provide or accept a price lower than the minimum price laid down by the law, according to the laws, ordinances, deciziunilor, mercurialelor, or lists of prices shown above.
3. Claim, provide or accept higher prices or lower fixed prices set by the authorities, according to the laws, ordinances, deciziunilor, or lists of prices shown above, goods, products and benefits, or locatiuni of goods or services whether or not they are monopolized.
4. Those who by any means, causing prices to climb products or goods.
Consumers who have committed any of the offences above, defend the penalty if you denounce the offence committed before the commencement of the research.
Article 24 Commit insider trading illegal price-labelling of those referred to in article 1. 1, letter a-g including: Labels, marks or products or goods for a price: the maximum) is superior to that set by the authority in law, according to the laws in force through deciziuni, ordinances, Mercurial, or price lists, times or in any other manner determined by the competent authority;
b) comprise a superior benefit to that afforded by the laws in force or deciziunile data on the basis thereof;
(c)) is not approved by the competent authority, in accordance with the laws in force or deciziunilor.
Article 25 the crimes referred to in this section shall be punished by correctional prison dela 1-12 years and fined 50,000 5,000,000 lei la dela.
Attempt crimes provided for in this section shall be punished as an offence and consumed.
Section III Infractions having as their object acts through which is contrary to the measures taken to organize the national economy article 26 Committed insider trading sabotage the measures taken to inform the authorities: 1. All those referred to in article 1 which does not respond to the Messenger or deadlines, to investigations or data applications and informaţiuni made by the Ministry of industry and trade or law enforcers from the face either they submit statements, acts or samples of products or goods required by all authorities within the time limits, or as established by them and those who give good science answers inconsistent with reality.
2. Those who do not declare within the time limits laid down by law, regulation or deciziuni products or goods blocked rechizitionabile times.
3. Lenders and borrowers who did not declare in the rigid conditions of art. 3, pledge contracts concluded with persons referred to in that article or changes on the subject of pledge or to his place of storage.
Article 27 Commit insider trading sabotage the measures taken in the conduct of national economy: 1. Those who despise the conduct of measures, limiting and controlling the production, circulation, distribution and consumatiei of goods and products, taken by the authorities referred to in article 1. 5 or those entitled to give orders in subjects not covered by the rules on the way the law, if the acts committed are not otherwise qualified under this law.
2. Industriasii, which are not at the request of the Ministry of industry and commerce, the State Sub-secretary of the Supply or production of Sub-secretary war, an annual program of activity or presents a program in conformity with reality.
3. Those who refuse to do the required state handles multi-site. 4. Consumers who make deliveries of goods and food in quantities that exceed the normal consumption needs, or by laws superior to the ingaduite or deciziuni.
5. Those who do not comply with the measures taken to regulate the salaries of workers and private officials.
6. Those who do not comply with deciziunile lock or rechizitionare of goods or products, transport equipment, silos, warehouses and any other buildings necessary for the storage and preservation of various products, goods or equipment.
7. Those who in any way impede the assessment agencies to perform control or end the minutes of finding.
8. do not run the program Industriasii which works on an annual or requested by the Ministry of industry and trade, Ministry of mines and Petroleum, the Undersecretariat of war Production or Purchasing State Undersecretariat.
9. Industriasii and traders who cease or diminish their production or activity in relation to that which they had in the previous year, without prior approval of the Ministry of industry and trade.
10. Industriasii and merchants without a legitimate foreclosure, refusing to execute the dispoziţiunilor taken in accordance with article 4. 15, for increasing production or intensification of activity.
11. Those who disregard the measures taken with regard to the standardisation of their distribution and circulation times.
12. Industriasii and traders who refuse to sell in quantities or in quantities determined by the authorities, of the products or goods, even if they are monopolized, and those who do not comply with the order of preference laid down by laws for buyers.
13. Industriasii and traders who refuse to pick up or to put the outlet shares distributed their products or goods.
14. Industriasii and traders who give another destination of goods or products entrusted to supply or distribute toward.
15. Those who in any way, to sell, buy, or agree to sell shall be allowed without card products or goods rationalizate.
16. Those who plasmuesc or falsify invoices or any card or gift certificates or products or goods shall be used for good science.
17. Those who hold goods do not justify only bills coming from the way a sales registrered without legal firm or that you can't identify.
Article 28 Offences provided for in this section shall be punished by correctional prison dela 4-12 years and with fine which from 100,000 to 20,000,000 lei.
Section IV Offenses having as their object acts through which the national economy is sabotage article 29 felony charges of Committing sabotage of the national economy: 1. Those who do not teach science, dosesc, destroyed or grievously misrepresent its products or goods blocked rechizitionabile or monopolized.
2. Those with science, grievously misrepresent its destroyed or dosesc goods or merchandise.
3. Those who by any means causes a climb in prices in a way which is likely to alarm the commercial market.
Article 30 also Committed the crime of sabotage of the national economy through the withdrawal from circulation of goods and products, merchants and industriasii that having goods or even monopolized products in large quantities, offers them for sale in regarding the disproportionate amounts in relation to market demand, or through bogus legal acts, create an unavailability of goods.
Article 31 the crimes provided for in this section shall be punished as follows: (a)) For commodities and products up to 10,000,000 lei exclusively, with hard labour, which from 5-20 years and fines from 100,000 lei dela 50,000,000 lei. When goods owned will be general and strict necessity or current use goods that constitute an aggravating circumstance or Tribunal;
b) For goods and products for over 10,000,000 lei, with the following distinctiuni: section V complementary Penalties Article 32 with the pronouncement of a final conviction, for any of the offences mentioned in article 1. 18 to 30, inclusive, of the Act of the face, the Court is required to order the display and publication in the newspapers of the penalty applied. Newspapers are obliged to receive and make these publicaţiuni. The display will run through the urban municipalities, and police bodies in the countryside by the gendarmerie station in question, under penalty of disciplinary action.
The display will last for two months and will be made to place prominently on showcase, orders offices and outlets, or in their absence, at home.
Catalog and content dimensions shall be determined by year, Ministry of Industry and commerce, the General Commissariat of the prices.
Refusal or destruction of display are punishable by imprisonment catalog correctional dela 1-5 years.
The offence is within the competence of the Court that ordered the show and are judged the procedure under Chapter VII.
In order to apply, the courts are obliged all grafts, under disciplinary sanction, submit, within 24 hours of the decision, dela drafting a copy of her device, in Bucharest and Ilfov County, Ministry of industry and trade-General price Department-and in other counties, the County's economic Office supply and control and inspection bodies according to the place where the display is to be made.
The Ministry of industry and trade and economic offices County citizen's control bodies shall take care that such arrangements be published within five days after receipt, rotating from the rock, in two of the local newspapers.
The publication will be made free of charge, under penalty of a fine of 50,000 lei for the editor in charge of the newspaper.
The offence is within the competence of the Court that ordered the publication and shall judge the procedure laid down in Chapter VII.
Section VI Article 33 seizure of goods goods or products which have been subjected to the offences provided for in art. 17. paragraph 1; art. 18, point 4; art. 27, paragraphs 11, 15 and 16, shall be considered an offence and subject to confiscation body by the decision of condemnation.
Goods or products that are the subject of criminal offences provided for in art. 18, paragraph 2; art. 20, art. 21, art. 23, art. 26, paragraphs 2 and 3; art. 27, points 4, 12 and 14; art. 29, will be necessarily considered body offense and confiscated by the decision of condemnation.
Chapter V administrative penalties Article 34 independently of judicial sanctions may also be applied to those who commit crimes at dispoziţiunile of this law, the following administrative penalties: 1. Withdraw the benefits of the law for the encouragement of national industry.
2. The reduction or abolition of quotas for raw materials, semi-manufactured or manufactured products.
3. Lifting the term of 6 months to 2 years old has the right to exercise the trade, industry or profession.
4. The appointment of the head of the industrial or commercial undertaking of an administrator who will work in the task of undertaking and whose debt collection will be determined by the Ministry of industry and trade.
5. Rechizitionarea enterprise.
6. The termination of the company from the commercial register.
The penalties provided for in article from the face will be applied by the Ministry of industry and trade, through the year in the Official Gazette, publicara after what will be the cause of a definitive judgement of conviction.
As regards penalties, points: 1 end from 2, 3 and 4, they will be able to apply independently and anterior to the date of any judgement.
These sanctions may be imposed without regard to the order of enumeration reordering, and cumulative.
Chapter VI competition offences, recidivism, extenuating circumstances and civil fines in article 35 in cases of competition offences, the Court will apply a penalty only, namely that provided for the most serious offense, which will be increased in the case of custodial sentence, with an added up to 5 years.
Article 36 Are considered in those who relapse, after final judgement, whether by having been sentenced to payment of a fine, after the execution of a sentence involving deprivation of liberty for offences provided for in the law of the face, or after pardons, will perform a new offence in this Act.
In case of recidivism offence or misdemeanour at MORIS dela crime from misdemeanor, would apply to at least the minimum sentence, indoitul provided by this law for the new offense and in any case not less than one month prison correctional facility.
In case of recidivism in the crime or crime dela dela misdemeanor crime, minimum penalty will be five months prison correctional facility.
Dispoziţiunile relating to relapse, in terms of crime, of art. 113, 114, 117 and 119 of the penal code, shall also apply in such cases.
Article 37 When the Court finds extenuating circumstances in favour of the offender, the penalty will be reduced in the following manner: in the case of an offence, the punishment will be able to descend until the minimum fine provided for that offence and a minimum of one month in jail, correctional facility and the murder case until at least two months jail correctional facility, unless the law provides for a penalty of forced labour , and when it will not be able to pronounce a sentence of less than five years of forced labour.
In case of recidivism offence or misdemeanour at MORIS dela crime from misdemeanor by applying extenuating won't be able to reduce the penalty under at least 6 months imprisonment in correctional facility unless the first or next offense is part of the prevazuse in the section I of this law, in which case it will be minimum 50,000 lei fine.
In case of recidivism in the crime or crime dela dela misdemeanor crime, through the application of extenuating the punishment will not be reduced below one year correctional imprisonment, unless the crime is punishable by law with labour, in which case the minimum penalty will be 10 years hard labour.
Article 38 enforcement of sentences handed down under the present law, it cannot be suspended, in accordance with art. 65 of the penal code.
Article 39 if the offences provided for in this decree-law have been committed by those charged, by virtue of any title, with personnel, administration and representation of a company, or any of the servant of the company, in addition to personal penalties that will apply to these offenders, in accordance with the application of this law, shall be sentenced by the same decision to a civil fine dela 50,000 lei lei la 50,000,000 , and in cases stipulated by law, will rule and confiscation of goods for commercial or industrial undertaking which is the subject of the offence.
In the event of repetition of the situaţiunii referred to in the preceding paragraph, the fine applied to companies will double.
Article 40 the Instigators offences provided for in this law, shall be punished as authors.
Accomplices shall be subject to the penalty prescribed by law, for each case, as well as authors.
Prepusiii with any title, employees or nesalariati who commit any of the offences provided for in this law, the premises of the undertaking or in retail stores, will be punished as authors of the crime.
When will prove, however, that they have committed the fact after her employer, indicatiunile will be counted and punished as accomplices.
Itinerant employees or nesalariati will be counted as accomplices in the case, which is to prove you have allowed or helped the patron, with intentiune, to commit the crime.
Patrons will be able to be counted as instigators in the offences committed in their shop or enterprise by the persons referred to in paragraph 3 and as authors in the case of paragraph 4. They will not be shielded from punishment than if they prove that at the time of Commission of the crime were under arms or in any case of objective and absolute prevention of exercising their profession due to causes which could not be foreseen nor done away with.
Article 41 the execution sentences handed down against employers will be suspended if, prior to their completion, will be opened to public action against prepuşilor why they committed the crime, for any materialmente misdemeanor theft, deceit, fraudulent management, or abuse of trust committed by the same employer in fact damage or will be given by the Ministry of labour, the notice of dismissal issued to the prepuşilor , for serious misconduct on discourages the same facts, when they will lay in the refusal of sale of goods by its own initiative.
In the case of final conviction and dismiss the complaint for dismissal is not justified, or should they, within one month of the date of dismissal by the employer from the rock will be the definitive camera penalty.
Judgement of acquittal and the suspension will rule execution of the Court which gave the decision condamnatoare and who will judge the Council Chamber without this obilgatorie, but in parts of the Public assistance.
If prepusul will be paid his or her complaint against the dismissal will be received in court, sentencing the employer will run as soon as the public prosecutor bodies which will through you in execution.
Patrons who will be proven as they rehired in any form on prepuşii fired in rigid conditions above do insider trading of misleading justice and punished one year correctional prison dela at 5 years.
Prosecution of these crimes within the competence of the special courts provided for in art. 55 of this law and shall follow the procedure laid down by the rules in the relevant texts.
Chapter VII the finding and prosecuting criminal offences Article 42 Ascertainment crime punished by the law of the faces will be able to: 1. within the limits of the territorial District Court under the auspices of that work, or with the Ministry of Justice delegation to tool storage and other constituencies, members of any grade of the judicial corps.
2. Across the country by the proposed by delegations and offices set up by special laws, within the limits of the economic sector concerned, with the approval of the General Commissariat prior prices.
3. Within the limits of their territorial jurisdiction by: a) administrative inspectors, prefects (governors) or subprefectii, ajutorii, praetors, mayors, Secretaries and inspectors of the municipalities and communes you urban communes, and the rural municipalities of notaries;
(b) medical Inspectors), veterinary inspectors, human doctors and veterinarians of counties, districts, the place and the hospital;
c) safety Directors prefects (governors) of the police, police inspectors, Quaestors and Secretaries of the police headquarters, police chiefs, Commissioners, Commissioners, officers of the gendarmerie and the heads of Department;
d) Verifiers of weights and measures;
e) labour inspectorates of only in relation to offences relating to payroll;
f) inspection Inspectors speculate, empowered by decision, in accordance with the law on the Organization of the control body of the Commissariat of prices;
g) control bodies in accordance with the law, according to their formation and rules of organization and functioning;
the Chief Prosecutor of the Tribunal) civil will be able to give delegaţiune to ascertain the law of crimes before the Commissioners and ajutorilor.
Article 43 Descinderile at home, with a view to finding crime will be made according to dispoziţiunilor art. 208 and following of the code of criminal procedure, with excepţiunea of those carried out by members of the judiciary and the driver works for the control of the General Commissariat of the prices, they will be able to do without the authorization of the judge.
Article 44 of the Judicial Police Officers and agents of the public force are obliged to give their next contest, at the request of the bodies indicated in the articles above, under penalty prescribed by the criminal code for refusing service legalmente due.
Article 45 in the case of outrage, training assistance finding report may be of any of the bodies provided for in art. 42. The acts of the public prosecutor's Office will be trained forward, which will proceed in accordance with dispoziţiunilor art. 224 and following of the code of criminal procedure.
Article 46 Offences shall be recorded by means of a protocol.
The minutes of the discovery of the crime must include: 1. The year, month, day, and location finding offense, date and place of the dresarii report.
2. The name, pronoun and quality competent agents and inspectors and controllers for delegation of speculation, referred to in art. 43, item f, detecting an infringement and have entered into the minutes and those of people who eventually attended.
3. Exposing the fact that constitute the crime, the time and place where it was committed.
4. The name and domicile of the person, the pronoun who has committed, if known.
5. Researches made for discovering the author, all the circumstances surrounding the depozitiile persons who have knowledge about the offense, and any evidence or clues that would come up during those guilty or would serve their discovery.
6. Declaration endorsement offender refusal or times the inability to give materials.
The minutes shall be signed at the end — and on every page-employee who has concluded, and the people who attended, including possibly the offender; If appropriate, mention will be made of the absence, ignorance, denial, or other circumstances preventing his signing by the latter.
The minute of finding proof of the offense until enrolling in the bogus, for the findings of the instrumentator agent.
Any addition, correction or stersatura, made in the content of the minutes, shall not be taken into account, only if it is confirmed by the signature of the agent who had trained the minutes.
The above changes, which do not change the meaning of the phrase, remain valid.
Any failure from the very top referred to in 1, 2, 3 and 4 does not involve the nullity of the minutes, but entitle the parties to fill in or commitment to the minutes regarding the lack of mention by any means.
Failure to comply with the other mentions do not influence what his power.
Enrolling in the bogus shall not suspend the prosecution process. The Fund will be able to suspend the execution of the judgement, only condiţionand it suspend lodging of security at least 50,000 lei, which will be able to fix in the benefit of the State, when enrolling in the bogus will be ranked.
With the conclusion of the report, claim agent, either on his own initiative or at the request of the offender or of those it represents, will be able to pick up samples or samples of goods forming the subject of the time of the crime, for the purpose of analysis or as evidence in court.
Article 47 With the fact finding opportunity, the agent will be registered in the minutes what dreseaza, when the offence is charged a small merchant or craftsman, his degree of instruction material, condition of possibility had to comply dispoziţiunilor laws provided for formal as well as any material items to be able to deduce whether it was committed in good science negligence, or is it due to other circumstances.
Article 48 minutes of the discovery of the crime will be under disciplinary sanction adaptations, within 24 hours from the rock and conclusion of research forward as soon as the public prosecutor's Office for confirmation, dimpreuna with any samples or samples raised the claim agent.
Article 49 receiving the Prosecutor's report, will proceed as follows: If you find that the crime was committed by any of those indicated in art. 47 according to the circumstances and as recorded by the agent, according to this text, there would be no case to give a report, because the offence is due to lack of readiness of the offender, certain formalities required by law were not respected, or circumstances of the nature to an apology, will rule out the minutes, if it is not relapse.
In such cases the public prosecutor will be given a banuitului warning, and put them in the light of the legality.
If confirming the minutes, you will be sent before the Court with a statement of his legal qualifications, and persons who, noting the status of offender recidivism, when will be the case. Noting the Prosecutor with regard to recidivism, proof until evidence to the contrary, that will be done.
If it considers that there are no complete research, flooring them will continue through a member of his, or by a judge of instruction, or will refund paperwork for completion of the investigation or finding made.
If the offence is of a complicated nature sends the cause of judge ware.
Early research will have to be concluded no later than 15 days, and literacy will not last more than 10 days.
Investigation judge, generally referred to in paragraph 1. 4, will depend on the availability of preventive holding the defendants.
The mandate of arrest issued by the investigation judge of the Tribunal will be subject to confirmation in rigid conditions laid down in the code of criminal procedure.
In all offences, if the Prosecutor confirm the minutes, you will be able to deliver against the offender in the rigid conditions of art. 226 of the code of criminal procedure and in the manner prescribed by art. 256 of the same code, arrest warrant and will immediately forward it to the Criminal Court in question, to be judged on the same day or no later than the next day.
In case of recidivism and crime, issuing the mandate of arrest is mandatory, regardless of the penalty.
Referral to the courts is done through reports confirmed, rechizitorul Prosecutor, or by order of the investigating judge definitively.
In the event ranking, the complainant, the Ministry of industry and trade or General price Department, will be able to refer the matter directly to the Court, within one month from the way of communication of the ranking.
Prosecutor may extend rechizitorul in the course of instruction or judging process and on other people and facts in connection with those judging.
Pending before the courts of detour, the file will be forwarded to the Prosecutor of the Tribunal for this purpose, respectively.
Article 50 where article 14 applies. 56, letter d, of this law, the Court said it will incunostiinta on the offender through the address which will be communicated to the domicile stated in the minutes, through administrative officials, police or gendarmes, according to dispoziţiunile art. 86 and 87 of the code of criminal procedure, that committed the alleged offences, the date of his trial date-report of findings, legal qualification of the offence and the penalty prescribed by law, by providing and circumstance that judgment will follow an emergency and without summoning the parties, within the period specified below.
A model of this address is attached to the end of the front, of which it forms an integral part.
Receiving evidence of communication, head of the Department or replacement or will have to be attached to files and will make a personal statement on the process of clean report of findings about the body of notification, and how the number and the date of the report on the performance of the procedure.
This statement covers the possible lack of proof of communication dela files.
The President of the Special Court, or judge will then detour, fixed term, which shall not be shorter than 3 days and no longer than 7 days off, from the arrival of evidence showing it on the door of the Court in question.
It show you instead of citation for all stakeholders that will no longer be notified in any other way.
Public servant who will give evidence of negligence in the performance of his obligations imposed in paragraph 1. The of this article, shall be punished by imprisonment from 6 months to 2 years ' dela to three years and with fine which from 20,000 to 100,000 lei lei.
Article 51 the Special Court will not be able to dispose of the defendant implementation until the completion of the worldwide judgment.
Section II the competence of the Court Article 52 All offences provided for in this law, if they were recorded by a member of the judiciary, will be judged by them. The judgment will follow, either on the spot or at the district police headquarters, or respective City Hall.
The persons referred to in paragraph 1. 1, will pronounce judgement, as soon as the device enuntand invinuitul facts of which he made the guilty and the punishment and will conclude at the same time a Protocol, which will record the identity of the defendant: domicile, findings, testimony made by the accused, the legal classification of the offence committed and the decision.
The minutes of proceedings shall be drawn up in a single copy, within 24 hours and will end from the judgment before the same magistrate who direct term instrumented or inducing the Town Hall the commune where the offence was committed, the competent courts for forming the dossier and for his execution.
Article 53 the crimes provided for in chapter IV, section I, shall judge court, emergency and especially.
For the municipality of Bucharest, they will judge by the District Court, but the urban III and, if necessary, through the year, the Ministry of Justice, may appoint and other courts for prosecuting such offences; in the other municipalities and county municipalities, urban residences where there are many judges will judge infringements by the Court I.
Article 54 the judgment of other offences will be done by a Special Court of law that will operate under the auspices of each court. The tribunals first President or presedintei the Tribunal will be able to establish, upon necessity, one or more sections of the Special Court, judges and staff who will compose.
During the holidays the Chief Tribunal will determine completele.
For misdeeds Panel will be composed of three magistrates.
Panel of judges will be formed according to the law on judicial organization.
Alternates may not enter into the composition of the Special Court.
The Special Court will be able to judge and besides orariului Court.
Article 55 territorial jurisdiction of courts. 53 and 54, is determined by the place of Commission of the crime.
The Special Court envisaged by art. 54 or courts competent to judge the detour are misdemeanors or violations of common law offences related data within their jurisdiction by this law, as well as co-authoring, instigators, accomplices, tainuitorii and favorizatorii to the crimes provided for in the law of independent front, the quality of the persons charged.
Article 56 as soon as the judge of the Court or the President of the Special Court is generally referred to the art. 50, will proceed in one of the following ways: a) For all crimes within the competence of the Court, Chief Magistrate Court or whom you place, if it considers that the fact is proven and that the punishment to be applied must not be less than three months imprisonment or a fine up to 200,000 lei, or both penalties, will rule without quote parts of sentencing the accused through a criminal Ordinance in his task, and process costs in the cases determined by law shall be ordered and the seizure of goods or products covered by the infringement;
(b)) in the same way will be able to carry out Special Court President or magistrate which you place for all offences within the competence of the Special Court;
c) Ordinances in both criminal courts do not give in case of recidivism;
d) in all other cases, the President of the Court or the judge shall fix a day for court appearance, according to dispoziţiunii art. 50, para. 5 of this law. The registry will display this term on a chalkboard at the door of the Court. It show you instead of summoning the parties to all the deadlines.
Article 57 Courts will not grant an adjournment for more than 5 days nor will be able to postpone the pronouncement of the judgement more than 3 days.
Not be granted postponement for lack of defence.
The public Ministry will put concluziuni in front of Special Court.
Under the decision will decide upon criminal and indemnity expenses required by court or State Court. The decision is enforceable immediately in cases where the offender will be sentenced to at least three months prison correctional facility.
Article 58 Witnesses interviewed duly sworn during investigations, will no longer be subpoenaed in court unless that Court, citing lack specifically, at the request of the parties or ex officio, as their reaudierea is required in order to prove circumstances whose relevant part is neindoelnica and on which there were asked to drill.
Witnesses interviewed at the early research without the provision of oath will be reaudiati by the Court, unless the receiving parties to judge on the basis of depozitiilor of the first research.
If the first term of notice none of the sides won't charge reaudierea of such witnesses is presumed consent, and depozitiile witnesses will be considered won the case, without being able to admit their reaudierea, except in cases covered by paragraph 1. 1. The absence of any of the parties consent or presumed.
The defendant who wants to serve with the trial witnesses, will be forced to bring him to himself at first appearance, under penalty of revocation.
The Court will be able to sample, however, when the need will be based from desbateri, to give a term in this case which will not exceed 5 days.
The State will be quoted as follows: The courts of the peace of the county municipalities of urban neresedinte and rural municipalities through their respective praetors; the peace courts and other courts of the communes of neresedinte County, through the County of the State, the Legal Department and the courts of the peace, courts and the Court of appeal in Bucharest, by the Ministry of industry and trade, General price Department, which will use the contentious State of the Sub-secretary of Purchasing.
Section III remedies Article 59 minutes of adjudication and Court cards issued by tribunals are entitled to appeal to the Special Court of the Tribunal in question.
The appeal is not admissible if there will be accompanied to the registration receipt noting the full recorded fine handed down in the case of a conviction only to a fine.
The term for appeal for condemned and for civil part is 5 working days for delivery from the rock those present and those who lack.
Judgements, under sanctions will further Disciplinary Prosecutor not later than 7 days along with the file in question with a view to exercising the right of appeal.
It will pursue within 5 days from the way of receipt of the file.
The Special Court will fix the time limit for prosecuting the appeal not later than 5 days after the receipt thereof, and from the rock event of Cassation, will evoke the Fund in whole or in part, as was pronounced cracking.
The decision will be editing within 5 days after the pronouncement from the rock.
Article 60 of the Penal Ordinances issued by the judge of the Court or the President of the special court, under art. 56, paragraphs a and b, will be shown in the excerpt at the door of the Court and provide copy of the Commissariat and the local prosecutor's Office, and the Office of the County supply and economic control and civil parties. Prosecutor and the defendant will be able to make opposition, last in 5 days and the others in the end from displaying the same term dela.
The opposition will be presented personally or through the procurator, and the magistrate will not fix the term of notice, under disciplinary sanction, unless the receipt shall complete record of the fine handed down or if a jail sentences, the receipt of duty of a security that is going to be fixed by order of the criminal and even that may not be less than 50,000 lei.
Period of notice will be given in the knowledge that your opponent will not be quoted throughout the worldwide judgment.
The opposition in order to counter criminal judge detour, will judge by judge of the Court.
The opposition against the Ordinance of the President of the Special Criminal Court will judge panel of this Court. The magistrate ruled that the Ordinance will be able to participate in the prosecution of the opposition.
Article 61 decisions of the Special Court of the tribunal will be given with the right to appeal within 5 days off for both sides declaring the end from the present and the lack, at the Court of appeal in Vienna which belongs to the Court.
It will appeal judge in no more than 15 days. dela The Court of appeal, with several sections, appeals will be judged by the sections to the misdeeds. The Appeals Court in Bucharest, sections VIII and IX will be able to judge the appeals and besides the hours fixed for the judging of other processes.
Article 62 the appeal provided for in art. 59 and 61 are declared at the registry of the Court or, in the case of the Court, the registry of the Court where it was referred to the minutes of the Court which shall forward it to the competent court immediately together with the file.
The appeal will be motivated and desvoltat with the application for appeal or through ' a memoir, by the Court of Cassation, not more than 2 days ahead of schedule. Any subsequent deposit is credited.
Reasons of destruction will be submitted in triplicate, under penalty of consideration of the appeal as groundless.
Appeal can be made for the following cases of nullity: 1. When the decision was handed down by a number of judges less than that required by law, or took part in the meeting of judges excluded art. 56 of the code of criminal procedure or of art. 54, paragraph 5 of this law.
2. When the Court has judged an offence falling within the jurisdiction of another court, unless the Court has judged an offence by the Court and the Parties present competinţa n ' competintei demanded the disclaimer.
3. When the Court has not driven solutiunea.
4. When the Court has not been on the pronounced ' actually charged to the accused or the end of the application or nature of the defense to change the solutiunea process.
5. When the decision was pronounced punishments for deeds are not covered by the law, punishments or times lower than those prescribed by law.
6. When the fact was wrong, but only if the punishment imposed the penalty for exceeding the limit applicable qualifications alleged.
7. When the defendant was on trial for the same definitive fact, for which he was convicted, or it could no longer be sentenced due to prescription, Amnesty, or other causes of action.
8. When the offender was cited for the reason that it is not committed required by law, or is covered by authority of work judged, prescription or other cause of action.
With the petition of appeal and on pain of nullity, the appellant is required to submit the receipt of certification as noted in cash the entire fine, was sentenced in Bucharest, Cassa submissions and Consemnaţiuni, and in other municipalities and communes, financial or Government's perception.
In the case of conviction to imprisonment, the appellant is required to constitute a prisoner with three days before the deadline fixed for the Appeal judgment, under penalty of cancellation of the appeal.
To do this, the appellant will be presented to the Court that judged him and its head, or replacement, or, will deliver its mandate of arrest, in two copies, one of which, is still on record and will forward it to the Court of appeal, and the other will submit, along with the appellant at the prison, where he will get a certificate of incarceration, which also will attach to the file.
The Court will not be able to deliver up to prosecuting the recurring final appeal.
The deadline for prosecuting the appeal showing the door to the Court of Cassation, at least 3 working days before.
By way of derogation from the rock art. 495, paragraph 4, of the code of criminal procedure, the appeal of the State Court of Cassation and invests with the criminal proceedings, even if State representative asked for civil damages.
Chapter VIII enforcement Article 63 final judgements of the Court, will be run immediately, even before drafting them, on the basis of the device, in accordance with art. 327 and 328, paragraph 8, of the code of criminal procedure.
Civil fines handed down by virtue of this law, shall charge according to dispoziţiunilor of the code of tax procedure.
Criminal fines will be run in accordance with art. 54 of the penal code and article. 526 of the code of criminal procedure. Fines imposed under this Act, there shall be lodged by sentenced to deposit Cash and financial administration Consemnaţiuni, or perception, in the name and at the disposal of the Ministry of Justice and the receipt of stand-by duty shall be lodged with the Court which has tried, and in the case of the prosecution, the Court where he sent the record of conviction, either directly or through the local mayor.
The Court will forward the receipt from the Ministry of Justice works for the accounting.
In cases of trial, if the sentenced person does not submit the fine within 24 hours from the way of receiving the report of adjudication, unpaid fine turns of the law in jail, according to dispoziţiunilor of the criminal code and the code of criminal procedure.
Sentences will be inserted in the criminal records.
Article 64 courts shall communicate to the General Commissariat of prices and local prosecutors ' offices, as well as chambers of Commerce and Industry in question, on the first day of each month, an array with the name, and place of residence of the pronoun definitively convicted, sorts and their trade, the nature of the offence, and the Court condamnatiunea that called it.
Based on these paintings, the public prosecutor, the courts will draw up a register of all detainees are alphabetic for offences in this Bill, which will help to establish the State of relapse, in matters of speculation and sabotage.
Article 65 goods subject to forfeiture will be left by the instrumentator, with the training of the teaching record in the custody of the offender or of any other person found fit for it, until the completion of confiscation.
Alienation or evading such goods attract penalties provided by the penal code for theft under seizure.
Goods subject to decay or rationalizate, if they were taken out of circulation or dosite will teach economatelor, cooperatives or workers ' canteens or officers, if they accept them without delay through the care of the infringement, economatele and cooperatives to put them up for sale. The price achieved 15 percent will retain handling expenses, and the rest will be made according to paragraph penultim of this article.
The goods seized by the definitive decision will be taught, in the province, through the Office of the County supply and economic control, and the capital and Ilfov County, via the central control Office and inspecţiuni, economatelor, cooperatives or workers ' canteens and officials, if they accept the legal prices.
All minutes of the goods seized, shall be communicated to the General Commissariat of the copy.
The goods economatele, cooperatives or workers ' canteens and refuse them servants, will be sold in the province, through the care of the Office of the County supply and economic control, and the capital and Ilfov County, via the central Office of inspecţiuni care and control, who will communicate for that purpose by the first court, from the decision final.
The sale will make an emergency, instead of from the legal, with the assistance of a Police Commissioner or head of the gendarmerie station times respectively, concluding report on the outcome of the sale, which it will submit in the province, the Office of the County supply and economic control, and in the capital and for Ilfov County, central Office of inspecţiuni and control.
The sale will be done with raised or retail, in accordance with the law on the movement of goods, according to the EC decision is to be taken by the first President of the Court of first instance, with the opinion of the Office which execute the sale.
The amount realized in the sale will be submitted to the Pat of deposits and offices through caring Consemnaţiuni concerned, after expenses will decrease with the sale of goods or merchandise, seized on the account of and at the disposal of the Ministry of Justice.
The goods seized in the communes of neresedinte and urban county in rural municipalities, in their case, worldwide judgment will teach through body care judged the offence and with the help of the public force, the local mayor, with the Protocol, to be distributed as soon as consumer prices.
The amounts shall be made by the Mayor to the Cassa submissions and Consemnaţiuni, financial administration or perception, on behalf and at the disposal of the Ministry of Justice, and the receipt of duty shall submit the Accounting Department of that Ministry.
In the case of acquittal, the amount resulting from the sale will repay in full the one acquitted.
The decisions available to the confiscation of goods or products, tort, shall be communicated to the General Commissariat of the excerpt.
The custodian or the product is bound to body incunostiinta misdemeanor within 3 days of the above authority about any event that has caused the goods or disappear in total or in part, to convert or lose value.
Chapter IX final and Dispoziţiuni transitorii Article 66 the amount resulting from the value of the goods seized and from fines will form a special fund with afectatiune, at the disposal of the Ministry of Justice, of which costs are to be borne by necessity with the necessary law enforcement and personnel costs with its application, by way of derogation from the presence of the public law functions overlapping generations from the law for financial measures during the year 1945/1946 and payrolls.
Article 67 Processes running at the date of publication of the present law, will continue to be judged by courts seised after the procedure and with the remedies prescribed by the law in force at the date of referral to the Court.
Article 68 All deciziunile and ordinances of the former Ministry of national economy, the Ministry of industry and trade of the State Sub-secretary of Supply, as well as those of the General Commissariat of the Prices in force today, remain valid, as there are contrary to this law.
Article 69 Penalties involving deprivation of liberty, the virtue of this law, cannot be converted into a fine administrative channels.
Internment camp in sentences imposed for deeds spent under the previous laws, can turn into a fine under law No. 497 of 3 June 1941.
Article 70 where a law remaining in force, to secure the death penalty at dispoziţiuni from previous laws to suppress illicit speculation and economic sabotage, those dispoziţiuni are not incorporated law that made sending change like everywhere there is provision for internment camp the penalty will be applied on the same duration of the correctional prison.
Article 71 of the Law shall face no touch action and citizen atributiunilor control bodies. Wherever such control bodies before, they work according to the laws and their regulations.
All the authorities provided for by the law of the face are obliged to support the action of these organs.
Article 72 until the appointment of inspectors of the inspection referred to in article 2 42, subparagraph (f), of this law remain in force database control delegations in article 41(2). 44 of law No. 232 of 1 May 1943.
Article 73 At the Ministry of Justice shall establish by year, a comisiune composed of magistrates in the Justice Ministry delegates, who will deal with the Organization, coordination and implementation of the measures, having the object of combating crime and law illicit speculation of economic sabotage, with interpetarea of this Act, the production of circular and instructions for its application by courts and gathering material needed for keeping some obvious business of speculation and sabotage across the country.
From comisiune will be part two delegates to the General Commissariat of prices and a delegation of the Chamber of Commerce and industry.
Commission members will receive a fixed monthly been summoned as established by ministerial notwithstanding, year, from dispoziţiunile laws and regulations.
Article 74 Any provisions contrary to the present law dispoziţiuni are and shall remain abrogated.