LEGE no. 647 647 of 13 August 1945 relating to the administration and liquidation of assets seized under law no. 312 312 of 24 April 1945 , to pursue and sanction those responsible for the country's disaster or war crimes
ISSUER
KING MICHAEL
Published in OFFICIAL MONITOR no. 183 183 of 14 August 1945
MICHAEL I Through the grace of God and the national will of Romania, To all present and future, health: On the report of Our Minister of State at the Department of Justice no. 76.476 of 23 July 1945, Seeing the journal of the Council of Ministers No. 1.179 1.179 of 1945; Based on the high mood royal decree no. 1.626 1.626 of 31 August 1944 , published in the Official Gazette no. 202 202 of 1 Septemvrie 1944, We decreed and decreed: DECREE-law Regarding the administration and liquidation of assets seized under law no. 312 312 of 24 April 1945 , to pursue and sanction those responsible for the country's disaster or war crimes + Article 1 Goods of any kind, confiscated by final decisions, rendered by the People's Court under the law no. 312 312 of 24 April 1945 , for the pursuit and sanctioning of those guilty of the country's disaster or any war crimes, shall be administered and liquidated according to the provisions of the present law. + Article 2 The decisions of the People's Court, together with all the data, information and documents relating to the confiscated goods, will be sent immediately, for execution, to the Prosecutor's Office of the Ilfov Tribunal, through the care of the chief + Article 3 The Prosecutor's Office of the Ilfov Tribunal, will urgently proceed to identify and inventory the confiscated assets, making all necessary research for this purpose. For goods in the constituency of another court, the Prosecutor's Office of the Ilfov Tribunal will be able to do research directly or through the prosecutor's office During research, the prosecutor's office will be able to take the insurance and conservation measures that will see fit. Against precautionary measures, those interested may wear out the remedies provided for by the common law. + Article 4 Public authorities and institutions of any kind, are obliged to execute the measures ordered by the prosecutor's office and to communicate all the data required in order to identify and take possession of confiscated goods. Public and private utility institutions are also obliged to give, at the request of the prosecutor's office, any information, even if it is prohibited by law or statutes. + Article 5 The Prosecutor's Office of the Ilfov Tribunal will publish in the Official Gazette and in two newspapers more widespread the decision of the People's Court, which is executed, with the order to make the statements provided in the following paragraph Within 30 days from the date of the last publication, all those who hold, with any title, the goods of the convicted and persons entering the provisions art. 16, para. 2 2 of Law no. 312 312 of 24 April 1945 , as well as those who owe them, with any title, money or other benefits, or have concluded legal acts, entering the provisions of art. 16, para. 1 of that law, are obliged to declare them to the Prosecutor's Office of the Ilfov Tribunal, or to the prosecutor's office of the court The declaration will be made, as the case may be, in two or three copies, of which one, targeted, will be returned to the declarant, the second will be kept at the prosecutor's office where the declaration was made, and the third copy will be sent to the Prosecutor's Office of the Tribunal Ilfov. + Article 6 As the asset is identified, the Prosecutor's Office of the Ilfov Tribunal will draw up minutes, in duplicate, in which the name of the person to whom the confiscated property belongs, as well as all the data necessary to identify the good. The device of the decision of the People's Court, completed with the minutes prepared according to the previous paragraph, constitutes the enforceable title of The Prosecutor's Office of the Ilfov Tribunal will ask the court of the situation of the property confiscated the transcript of the minutes concluded, and where there are land books, the intabulation A copy of the minutes will send to the Ministry of Justice. + Article 7 Taking into effective possession of confiscated property will be done, pursuant to the minutes drawn up according to art. 6, through the prosecutor's office of the court of the property, ending the minutes, in triplicate, of which one is kept at the prosecutor's office, the second is handed to the owner of the property, and the third is submitted to the Ministry Justice, Division of Accounting. In case of opposition from the holders, the removal of these obstacles to execution will be made according to the rules provided by art. 67 67 of Law no. 394 394 of 23 June 1943 , to expedite judgments. Appeals to execution, or-after execution-actions in the claim, will be judged according to common law rules. + Article 8 The Ministry of Justice will be able to hold in its use the goods that will be considered appropriate and will communicate to the Presidency of the Council of Ministers the inventory of the other goods, to be awarded in use or liquidated according to the rules of law common. The net amounts resulting from the administration or operation of the goods, after deducting the current expenses of directing and administration, will be paid to the Financial Administration to be made income to the State, except for the amounts from the administration and the exploitation of the goods retained by the Ministry of Justice, which will be deposited on behalf of Earthlings and agricultural properties remain subject to provisions art. 3, letter b, of Law no. 187 187 of 23 March 1945 for the achievement of agrarian reform. + Article 9 The goods retained in use by the Ministry of Justice will be administered, by way of derogation from the provisions of the public accounting law, as follows: The Ministry of Justice will be able to appoint, by decision, administrators, to whom it will also fix due retribution. They will be able to be revoked by the Ministry of Justice, by decision, without aratars of reasons. The duties of the administrators are those provided by the civil procedure code for judicial seizure, with the derogations provided by the present law. When assets or shares of any kind are confiscated, the administrator will exercise all rights arising from the status of shareholder, including the right to participate and vote in the general assembly and the right of option to the new omissions. The execution of the revenue and expenditure budget will be made according to the norms that will be fixed by the Ministry of Justice, by decision. Administrators may be authorized by the Ministry of Justice to hire the staff necessary for exploitation, under the law of employment contracts. The management of the administrators is subject to the control of the Ministry of Justice, for which purpose they are obliged to submit half-yearly to the Direction of accounting the accounts of the management, together with all the justifying documents The verification of the management of the administrators will be made by a control commission composed of a magistrate appointed by the ministry of justice, a delegate of the Ministry of Finance and an accountant appointed by the Ministry of Justice The result of the verification and control works will be submitted to the Ministry + Article 10 In anonymous companies and in order on shares, if the State acquires, as a result of the confiscation on the basis law no. 312 312 of 24 April 1945 , the shares presenting at least half of the share capital, the management bodies of the company, on its own initiative or at the request of the administrator appointed by the Ministry of Justice, will urgently convene the general assembly, to decide either dissolution and liquidation of the company, or possibly the appointment of other administrators and censors. The liquidation will be done after the commercial code prescriptions. If the shares acquired by the state account for less than half, but more than 20 percent of the share capital, the administrator appointed by the Ministry of Justice will be able to ask for the general meeting to be convened to decide whether to replace Company administrators. By way of derogation from statutory provisions and the trade code, the State may provide the guarantee that instead of the guarantee in actions provided by the statutes for the newly elected administrators and censors. + Article 11 The issuance of duplicates instead of the lost shares and bonds or whose possession could not be carried out, as well as the transfer operations in the shareholder register will be made by the respective company's organs at the request of the administrators appointed by the Ministry of Justice, following the rules of common law, while issuing the provisional certificates for the transfer. Under these certificates, the administrators will exercise, on behalf of the State, the right of shareholder, without submitting the shares to the general meetings or those where the law would require this formality. The administrators of the company cannot refuse the transfer to the shareholder register unless the shares were estranged before August 23, 1944, by act with the definite date. In case of refusal, the administrator appointed by the Ministry of Justice will ask for the transfer by way of injunction, according to art. 67 67 of Law no. 394 394 of 23 June 1943 to expedite judgments, the date of summoning the parties. The injunction, which remains final, will be the place of the provisional transfer certificate. + Article 12 Confiscation of property under law no. 312 312 of 24 April 1945 it is considered a legal cause for the abolition of the company contract, in the conditions of art. 1.523 of the civil code and art. 193 193 of the commercial code, if the contract does not provide for the continuation of the company between the other + Article 13 Preliminary expenses for the identification and possession of goods listed in the State patrimony, on the basis of law no. 312 312 of 24 April 1945 , will be borne by the Ministry of Justice from the fund provided by art 82 that will be fueled at the beginning from a special credit opened for this purpose. + Article 14 All those who will give in bad faith unaccurate information or will hide acts and facts known to them of those required according to art. 4, will be punished as follows: civil servants with the sanctions provided for in art. 243 of the criminal code, and the other persons with the penalties provided by art. 277 and the next of the penal code + Article 15 The provisions of this law apply with retroactive effect from the publication law no. 312 312 of 24 April 1945 . Justice Minister L. Patrascanu The report of the Minister of Justice to M. S. King, Sire, Identification and possession of confiscated property under the law no. 312 312 of 24 April 1945 for the pursuit and sanctioning of those guilty of the country's disaster or war crimes, as well as the administration of these goods give way to difficulties that cannot be solved only through the current legal provisions. For the correction of this situation, we have drawn up the next draft decree-law, which, authorized by the Council of Ministers, respectfully subject to the High approval and signatures of Your Majesty. I am with the deepest respect, of Your Majesty, Justice Minister L. Patrascanu --------------
