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Law No. 7 Of 19 June 1952 (Republished) For The Organization Of Military Courts And Procuraturilor

Original Language Title:  LEGE nr. 7 din 19 iunie 1952 (*republicată*) pentru organizarea tribunalelor şi procuraturilor militare

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LEGE no. 7 7 of 19 June 1952 (* republished *) for the organization of military courts and prosecutors
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 8 8 of 4 March 1953



+ Title I Military tribunals + Chapter I: General provisions + Article 1 The military courts are part of the system of judicial organization of the Romanian People's Republic and aim to defend the social order and state order of the Romanian People's Republic to fight relentlessly with the enemies of the working people strengthening the regime of popular democracy, as well as strengthening the discipline and fighting capacity of the Armed Forces of the Romanian People's Republic, by judging and punishing: a) to those who violate the laws, military regulations, military oath, military orders and duties; b) to those who commit other crimes given by law in the competence of military courts. + Article 2 The military courts are as follows: a) the military tribunals for the Great Units and Territorial Military Tribunals; b) military tribunals for military and military regions, as well as military tribunals for the units of the Ministry of State Security; c) Military College of the Supreme Tribunalum. + Article 3 The number, premises and constituencies of the military courts, shall be determined by the Minister of Justice, agreed with the Minister of the Armed Forces and the Minister of State Security. + Article 4 The organization states of the military courts establish themselves by the Minister of Justice, agreed with the Minister of the Armed Forces, namely the Minister of State The appointment of military judges, as well as their movement, except those from the military college of the Supreme Tribunal, is made by the Minister of Justice, agreed with the Minister of the Armed Forces, namely the Minister of Security State. The framing of military judges, in the frames of the Armed Forces of the Romanian People's Republic and the granting of military degrees, is made according to the provisions of the status of the officers The clerks, administrative and service personnel of the military courts engage with the presidents of the military courts, according to the legal provisions in force. + Article 5 The number of popular asesors, for each military tribunal, is established by the Minister of Justice of the Agreement with the Minister of the Armed Forces and the Minister of State Security The popular asesors are appointed for one year, by the Minister of Justice, in agreement with the Minister of the Armed Forces, namely the Minister of State Security. The popular asesors are called by the president, from the list of those appointed for the respective court, to the fulfillment of their obligations. + Article 6 Military tribunals can also judge outside the premises, if this is necessary in order to achieve the educational purpose of justice. + Article 7 The meetings of the military courts are public, except for the special cases provided by law. + Chapter II Composition and competence of military tribunals + Article 8 The military courts consist of a number of military judges, are led by a president and judge in substance in full made up of a judge as president and two popular asesors, and on appeal, in complete three judges. The president of the military college of the Supreme Tribunal will have at least the rank of colonel and the president of the military tribunal, at least the rank When the defendant is an officer, the trial panel must be made up with popular asesors, officers. When the defendant is a soldier, matroz, sergeant or mole, the popular asesors can be soldiers, matrons, sergeants or gamblers. + Article 9 Military tribunals for the Great Units and territorial military tribunals, judge only in substance, having the following competence 1. Military Tribunals for the Great Units judge the crimes committed by the military having the rank of soldier, matroz, sergeant, scholar or lower officer, apart from the soldiers shown in section 2 2, lit. a), of this Article. 2. Territorial military courts judge: a) crimes committed by military and militarized personnel, having the rank of soldier, matroz, sergeant, scholar or lower officer, who is part of the units and formations of the Ministry of State Security and the Ministry of Internal Affairs; b) crimes enjoyed by civil persons, given by law in the competent of the military courts; c) crime against state security, to the enjoyment of which participated, besides civilians and any other persons, regardless of their quality. + Article 10 Military courts for military regions, for the Navy, as well as military courts for the units of the Ministry of State Security have the following competence 1. Military Tribunals for Military Regions and for Military Navy Judge: a) in substance: -offences enjoyed by senior officers, as well as by officers occupying functions corresponding to these degrees, apart from those shown in section 4.2. 2 2, lit. a) of this Article; b) on appeal: -appeals declared against the sentences (rulings) handed down by the military courts for the Great Units. 2. Military courts for the units of the Ministry of State Security a) in substance: -the crimes enjoyed by military personnel and militarized having the rank of superior officer or occupying functions corresponding to these degrees and belonging to the units and formations of the Ministry of State Security and the Ministry Internal Affairs; b) on appeal: -appeals declared against the sentences (rulings) handed down by the territorial military courts. + Article 11 Military College of the Supreme Tribunal judges: 1. in substance: -the crimes enjoyed by the military and the militarized personnel having the rank of general or admiral, as well as officers occupying functions corresponding to these degrees. 2. on appeal -appeals declared against the sentences (rulings) rendered in substance, by the military courts for the military regions, for the Military Navy, as well as by the military courts for the units of the Ministry of State Security 3. In supervision: -requests for the correction of final sentences (rulings) rendered by any military tribunal. + Article 12 In order to ensure better judgment, the superior hierarchical military tribunals, each within its circtimscription, may take from the competence of the lower hierarchical military tribunals any case under trial in substance, to a judge or send it to the judgment of another court of their circtimscription, equal or superior to the one competent, according to the law, to judge the case. + Article 13 Military courts of all degrees, in their activity, are guided by the law of judicial organization, criminal code and criminal procedure: by the code of military justice, as well as by other laws in force. + Title II Military Prosecutor + Article 14 The Chief Military Prosecutor of the Armed Forces of the Romanian People's Republic, as well as the Head of the Directorate of Military Prosecutions for the units of the Ministry of State Security and supervision of the activity They are deputy general prosecutors of the Prosecutor General of the Romanian People's Republic. They are appointed for 4 years by the Prosecutor General of the Romanian People's Republic, agreeing with the Minister of the Armed Forces, namely the Minister of State Security. + Article 15 Military prosecutors and military criminal investigators are subordinated only to hierarchical heads in the Prosecutor's Office. + Article 16 The organization states of the Military Prosecutor's Office shall be established by the Prosecutor General of the Romanian People's Republic, agreed with the Minister of the Armed Forces, respectively the Minister The appointment of military prosecutors and military criminal investigators as well as their movement, is made by the Prosecutor General of the Romanian People's Republic, agreed with the Minister of Armed Forces, namely the Minister of Security State. The classification of the operative personnel of the military prosecutor's offices in the frames of the Armed Forces of the Romanian People's Republic, as well as the granting of military degrees, is made according to the provisions of the Statutes of the General of the Romanian People's Republic The administrative and service personnel of the military prosecutors shall engage with the heads of the respective prosecutor's office, according to the legal provisions in force. + Article 17 The number, premises and constituencies of activity of the local units of Military Prosecutor's Office, shall be established by the Prosecutor General of the Romanian People's Republic, agreed with the Minister of the Armed Forces and the Minister of State Security + Article 18 Military prosecutors have the following duties a) actively fighting against the enemies of the working people b) to ensure compliance with the laws and regulations by the military of the military oath and to the execution of military orders and duties; c) to exercise the supervision of the legality of the activity of all the military and militarized organs, units and formations of the Romanian People's Republic and to attack, in front of their superior hierarchical organs, all orders, circuits and other provisions data with the violation of the law with the exception of operative ones; d) to supervise the legality and merits of detention and arrest, regardless of who was ordered and for what exactly the facts; e) to examine and send the criminal cases investigated or investigated to the military courts and to support the accusation against them f) to collect and systematize the data related to the state of disciplines in military and militarized units and formations and to communicate the findings, to the hierarchical governing bodies superior to them; g) to supervise the execution of sentences (judgments) of military tribunals; h) to support crime prevention work. The duties of the military criminal investigators are those established by the Law for the establishment and organization of the Prosecutor's Office of the Romanian People's Republic and the Code + Article 19 Military prosecutors have the following rights: a) to demand from all commanders and from all military or militarized organs, units and formations, copies of orders, circulars and other dispositions, in order to become aware of them, except for the operative ones; b) to participate, with consultative vote at the meetings of military or militarized bodies, units and formations, except for meetings for operative matters; c) to receive directly complaints about illegal actions of the military of any degree and to take the necessary measures to remove these actions; d) to receive complaints against the research bodies and against the unjust sentences of the military courts. + Title III Final provisions + Article 20 The presidents and judges of the military courts, the operative personnel of the Military Tribunals Directorate of the Ministry of Justice, the operative personnel of the military prosecutor's offices and the personnel of the Military Directorate of the Prosecutor General The Romanian People's Republic, are in active military service. The right to apply disciplinary sanctions for service misconduct, belongs only to the presidents of military tribunals and military prosecutors, in hierarchical order, according to the provisions of the Disciplinary Regulation of the Armed Forces of Romanian People's Republic. + Article 21 The Personnel of the Military Tribunals Directorate of the Ministry of Justice, the personnel of the military tribunals, the personnel of the Military Prosecutor's Office of the Prosecutor General's Office of the Romanian People's Republic, receive all the rights of the mateterials, from the military units, units or formations in whose endowment they are provided. The Secretary Presidium of the Great Presidium National Assembly, National Assembly, PETER GROZA GH. MARUSSI ------------