Law No. 647 on august 13, 1945 concerning the Administration and liquidation of assets confiscated under law No. 312 of 24 April 1945, to track and punish those guilty of the disaster the country or ISSUING war crimes MICHAEL Published in MONITORUL OFICIAL nr. 183 of 14 august 1945 By Michael grace of God and the will of the King of Romania's national team, all from the face and future, on the report of the Minister of health: Our Secretary of State at the Department of Justice nr. 76,476 on July 23, 1945, Seeing journal Council of Ministers nr. 1,179 since 1945;
Based on dispoziţiunilor high Royal Decree nr. on August 31, 1944, 1,626, published in Monitorul Oficial nr. 202 1 Septemvrie 1944, I decreed and decretam: Decree-Law on the Administration and liquidation of assets confiscated under law No. 312 of 24 April 1945, to track and punish those responsible for the country's disaster or war crimes Article 1 any kind of Goods, seized by final decisions handed down by the people's Tribunal, pursuant to law No. 312 of 24 April 1945, to track and punish those responsible for the country's disaster or war crimes shall be administered and validated according to dispoziţiunilor law.
Article 2 people's Court Decisions, together with all data, informaţiunile and instruments relating to the goods seized, deindata, will be sent for execution, Prosecutor of the Tribunal, through the care of Chief public accuser.
Article 3 the Tribunal Prosecutor, will proceed to the identification and enumeration of goods confiscated for this purpose, all necessary enquiries.
For goods contained in the constituency of another court, Prosecutor of the Tribunal of Ilfov will be able to research either directly or through the public prosecutor of the Tribunal in question.
During investigations, the Prosecutor will be able to get insurance and conservation measures that will at its sole discretion. Precautionary measures, the townspeople can wear out the remedies prescribed by the common law.
Article 4 the authorities and public institutions of any kind, are obliged to execute the measures ordered and to communicate all the required data in order to identify and take possession of the goods seized.
Institutiunile public and private ones are also required to give, at the request of the Prosecutor, any informaţiuni, even though it is forbidden by law or statute.
Article 5 of the Tribunal prosecutor's Office will publish in Ilfov Official Gazette and in two newspapers spread the people's Court, which decision is executed, with the somatiunea to make the testimony referred to in the following paragraph.
Within 30 days from the date of the last publicaţiuni, all those who have, on any basis, the goods of the person convicted, and of the persons entering into the article. 16, para. 2 of law No. 312 of 24 April 1945, as well as those due them, on any basis, or other prestaţiuni, or have concluded legal acts, delving into the article. 16, para. 1 of that law, are obliged to declare them to the Prosecutor of the Tribunal, the Tribunal or the Prosecutor;
The Declaration will be made, where appropriate, in two or three copies, one of which targeted, it will refund the second declarant, will keep the Prosecutor's Office of the Court where he made the statement, and the third copy will be sent to the Prosecutor of the Tribunal of Ilfov.
Article 6 as identifying goods confiscated, Ilfov Tribunal Prosecutor reports shall be drawn up in duplicate, it will pass the name of the person to whom the property belonged to, confiscated, and all the data necessary to identify the asset.
The people's Court decision device, complete with protocols drawn up according to the preceding paragraph, constitutes the instrument permitting enforcement in the State.
Ilfov Tribunal prosecutor will ask the Tribunal confiscated real estate situation transcript report concluded, and where there's land books, preparation of State law. A copy of the report, the Ministry of Justice will be sent.
Article 7 taking actual possession of the goods seized shall be made, under the report drawn up pursuant to art. 6, by the Tribunal prosecutor situaţiunii goods, concluding report in triplicate, one of which is kept by the Prosecutor of the Tribunal in question, the second shall be given to the holder of the asset, and the third shall be forwarded to the Ministry of Justice, Department of accountancy.
In case of no indication on the part of holders, removing these obstacles to execution will be subject to the rules laid down in articles 81 and 82. 67 of the law nr. 394 dated 23 June 1943, to speed up judecaţilor.
Appeals upon execution, or enforcement actions-after-the claim, will judge according to the rules of the common law.
Article 8 the Ministry of Justice will be able to retain his assets in use will fit and will communicate to the President of the Council of Ministers, other inventory goods to be assigned in use or disposed of according to the rules of the common law.
The net amounts resulting from the administration or operation of property, after deduction of current expenditure and administration overhead, will shed the financial administration to be made came from the State, with the exception of amounts arising from the Administration and operation of assets retained by the Ministry of Justice, which will be deposited into the account of this Ministry.
Agricultural land and properties are not subject to the dispoziţiunilor art. 3, letter b, of law No. 187 of 23 March 1945 for the realization of agrarian reform.
Article 9 Assets retained in service of the Ministry of Justice will be administered, by way of derogation from the rock dispoziţiunile public accounting law as follows: the Ministry of Justice will be able to nominate, by year, administrators, to whom it will fix and proper remuneration.
They will be cancel by the Ministry of Justice, through the year without showing reasons.
Atribuţiunile administrators are those laid down in the code of civil procedure, judicial seizure with the derogations provided for by the law of the face.
When the goods are to be found among the seized shares of any kind, the administrator will exercise all the rights of the shareholder discourages, including the right to participate and vote at general meetings and the right of option to new failures.
Implementation of the budget of revenue and expenditure shall be made in accordance with rules to be fixed by the Ministry of Justice, through the year.
Administrators may be authorised by the Ministry of Justice to hire necessary staff exploitation, in accordance with the law of employment contracts.
Management of administrators is inspected by the Ministry of Justice, in which purpose they are obliged to submit quarterly National accounts in the General Ledger management, together with all the supporting documents for expenditure made.
Verification of management administrators will be made by a Commission of control composed a magistrate appointed by the Ministry of Justice, a delegate of the Ministry of finance and a chartered accountant appointed by the Ministry of Justice.
The result of the work of verification and control will be subject to the Ministry of Justice.
Article 10-liability companies and partnerships with limited liability on shares, if the State acquires as a result of the seizure on the basis of law No. 312 of 24 April 1945, presenting at least one-half of the governing bodies of the company, on its own initiative or at the request of the administrator appointed by the Ministry of Justice, will convene an emergency meeting to decide whether dissolution and liquidation of the company, be and possibly other auditors ' appointment of administrators.
The winding-up will be done after the prescripţiunile commercial code. If the State acquired shares representing less than half, however, more than 20 per cent of the share capital, the administrator appointed by the Ministry of Justice will be able to ask for the convening of the General Assembly to decide whether to change the company's managers.
By way of derogation from the rock dispoziţiunile and statutory code of Commerce, the State can ensure that, in place of the guarantee provided for by the statute in action for new administrators and elected censors.
Article 11 issuing duplicate instead of shares and bonds lost or whose making possession could not perform, as well as transfer operations in the register of shareholders shall be made by the company in question at the request of the administrators appointed by the Ministry of Justice, the rules of common law, at the same time sending out provisional transfer certificates.
Under such certificates, administrators will exercise, on behalf of the State, the right of a shareholder, without submitting the actions in the General meetings or those where the law would require this formality.
The company's managers may refuse the transfer in the register of shareholders than if the shares have been disposed of prior to August 23, 1944, the date of the brawl by act.
In case of refusal, the administrator appointed by the Ministry of Justice will ask you the transfer about Presidential Ordinance, according to art. 67 of the law nr. 394 dated 23 June 1943 to accelerate judecaţilor, with the attendance of the parties.
The definitive authorisation, presidential, you place the provisional certificate of transfer.
Article 12 confiscation of property pursuant to law No. 312 of 24 April 1945, it counts as a legal cause of the abolition of the contract by the company, in the rigid conditions of art. 1,523 of the civil code and art. 193 of the commercial code, if the contract does not provide for the continuation of society between the remaining associates.
Preliminary costs for identifying and taking possession of the goods listed in the heritage of the State, on the basis of law No. 312 of 24 April 1945, will support the Ministry of Justice provided for in article 4. 82 to be powered to the top of a credit specifically opened for this purpose.
Article 14 all those which will give bad faith neexacte or informaţiuni will hide the acts and facts known to them of those required under art. 4, shall be punished as follows: civil servants with the penalties provided for in article 11. 243 of the penal code, and others with the penalties provided for in art. 277 and following of the penal code.
Article Dispoziţiunile this law shall apply with retroactive effect to the publication of law No. dela 312 on 24 April 1945.
Justice Minister l. Joshua Report of Mr. Justice Minister by m. s. King, Sire, identifying and taking possession of the goods seized under the law. 312 of 24 April 1945 to pursue and punish those responsible for the country's disaster or crime of R2, and administration of these goods that give the place cannot be solved only by the current legal dispoziţiuni.
Straightening this situaţiuni, I've drawn alăturatul draft decree-law, which, being authorized by the Council of Ministers, subject to the approval of the high respect towards you and Your signature to Maiestatii.
Am with the deepest respect, al Maiestatii, Minister of Justice l. Joshua ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─