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Law No. 5 Of 19 June 1952 (Republished) For The Judicial Organisation

Original Language Title:  LEGE nr. 5 din 19 iunie 1952 (*republicată*) pentru organizarea judecătorească

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LEGE no. 5 5 of 19 June 1952 (* republished *) for judicial organisation
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 8 8 of 4 March 1953



+ Title I General provisions + Article 1 In the Romanian People's Republic, justice has the task of defending a) the socialist order and the state order of the Romanian People's Republic; b) fundamental rights of working people and other rights and interests guaranteed by the laws of the Romanian People's Republic; c) rights and interests of law apparatus of state bodies and institutions, enterprises and state economic organizations, collective agricultural households and other organizations and cooperative enterprises, as well as of any other public organizations. Justice has the task of ensuring compliance with the laws of the Romanian People's Republic, by state bodies and institutions, enterprises and state economic organizations, collective agricultural households and other organizations and cooperative enterprises, by other public organizations, as well as by all citizens of the Romanian People's Republic. + Article 2 The courts, in the Romanian People's Republic, applying criminal sanctions, pursue the defense of the regime of popular democracy and at the same time the reeducation of criminals. Through their activity, the courts educate the citizens of the Romanian People's Republic in the spirit of devotion to the Fatherland, the building of socialism, the fulfillment of the laws of the Romanian People's Republic, the special care for Socialist property, discipline in work, honest attitude towards citizen and social duties, and respect for social cohabitation rules in the popular democratic state. + Article 3 In the Romanian People's Republic, the following tribunals operate: a) the courts of the district, the city and the city district; b) the General Court of the Romanian People's Republic and the Regional c) Supreme Court. For some branches of activity the following special tribunals work: a) military tribunals; b) the popular courts for railways; c) the popular maritime and river courts. + Article 4 The tasks of justice are carried out a) the trial of criminal cases and the application of the penalties provided by law for the sanctioning of Patrie traitors, spies, those who sabotage the building of socialism, those who commit crimes against peace and humanity, war, embezzlers and those who waste socialist property, as well as robbers, thieves, hooligans and other criminals; b) judgment of civil cases concerning the rights and interests of citizens, bodies and state institutions, enterprises and state economic organizations, collective agricultural households and other organizations and cooperative enterprises, as well as any other public organizations. + Article 5 Justice in the Romanian People's Republic is carried out for all citizens without being opposed to sex, nationality, race, religion or degree of culture. + Article 6 Judges of any degree are independent and obey, in the exercise of their duties, only to the law. + Article 7 In the Romanian People's Republic courts use the Romanian language. In regions and districts inhabited by population of a nationality other than the Romanian population, the use of the language of that population is ensured. In all cases, before the courts of the entire country, it is guaranteed, for those who do not know the language used by the court, the right to become aware of the file and the debaucherers, as well as to participate in the judgment, through the interpreter. + Article 8 The trial by the courts is made by public debauchery, except by the exceptions provided by law. The right of defense is guaranteed by the way in which the courts are organized according to the present law, by the provisions of the procedural laws, as well as by judicial assistance. + Article 9 For thorough reasons and for the purpose of better judgment, the superior hierarchical tribunals, each within the respective constituency, may take from the competence of the lower hierarchical, any case under trial in substance, to judge it. or send it for trial to another court of the same kind and degree at least equal to the one from which the case was taken. Tribunals may also judge outside their premises, if necessary in order to achieve the educational purpose of justice. + Article 10 The courts, by judging appeals, verify the legality and merits of the sentences (rulings). The Supreme Court, judging the requests for correction, verifies the sentences (decisions) of the final court. + Article 11 The courts judge in full form a judge and two popular asesors. Appeals and requests for entitlement shall be adjudicated in a panel of three judges. + Article 12 The legal provisions regarding the purpose of the judges ' duties also apply to popular asesors. + Article 13 Popular asesories are chosen at the proposal of labor organizations; organizations the Romanian Workers Party, unions, cooperatives, youth organizations and other mass organizations, such as cultural associations. The choice of popular asesors for popular courts, is made by voters, within the general assemblies of working people, on enterprises and institutions on state agricultural households, collective agricultural households, communes and villages, in the area of activity of that tribunal. Popular asesories for the popular courts for the railways, for the popular maritime and river courts and for the regional courts, shall be chosen by the popular advice of the region at the centre of which the respective tribunal is based. Popular asesories for the General Court of the Romanian People's Republic; they are chosen by the People's Council of the Romanian People's Republic The popular asesories for the Supreme Court shall be chosen by the Grand National Assembly, with the election of the judges of the Supreme Tribunal and for the same term as these. Popular asesories for the other courts are chosen over a year. The age to choose is at least 18 years old, and in order to be chosen the popular asesor is at least 23 years old. I cannot choose and cannot be elected as popular asesori persons deprived of mental faculties, those convicted by the sentence (decision) judicial to the loss of electoral law and those declared unworthy according to the law for the election of deputies in Great National Assembly. The designation of asesors, popular for military courts, is made according to the provisions of the Law for the organization of military courts and prosecutors. + Article 14 The task of the popular asesor is mandatory. Popular asesors are called by the president of the tribunal and the fulfilment of their obligations, in turn and for several periods, from the list of those elected for the respective tribunal, without these periods being able to total during the year, more days. Popular asesors keep their place in production. During the exercise of the mandate of popular asesor, it will be repaid with a daily allowance, equal to the average daily gain calculated in accordance with the provisions of art. 135 of the Labor Code. The amounts paid by the enterprises will be returned to them quarterly by the Ministry of Justice. If the popular asesor is not employed, he will be repaid with a daily allowance set by the law enforcement bodies. + Article 15 The popular asesors give an account to those who chose him, for their activity. + Article 16 The withdrawal of the quality of the popular asesor can only be done by recall by those who elected him or pursuant to a sentence (decisions) criminal conviction. + Article 17 The way of choosing the popular asesors established by the Decision of the Council of Ministers. + Article 18 The start of the prosecution and the prosecution is made, for the judges of the popular courts in the constituency of a regional court, as well as for the judges of this court, by the prosecutor of the region, with the approval of the Prosecutor General of the Romanian People's Republic For the judges of the Capital Court of the Romanian People's Republic, as well as for that of the popular courts of the Capital of the Romanian People's Republic, the start of the prosecution and the prosecution is made by the The Romanian People's Republic, with the approval of the Prosecutor General of the Romanian People The start of the prosecution and the prosecution is made, for the members of the Supreme Tribunal, by the Prosecutor General of the Romanian People's Republic, with the approval of the Presidium of the Great National + Title II Tribunals + Chapter I Tribuna1e popular by district, city and city district + Article 19 In every district operates one or more popular district courts. In the city can operate the popular courthouses of the city and the popular courts of the city district. The number of popular courts is established by order of the Minister of Justice In the same way the headquarters and constituencies of the popular courts are established. + Article 20 Every popular tribunal is composed of a number of judges and is run by a president. The President of the People's Court shall determine the order in which he is replaced, in case of absence, by the Judges. He apportioned the judges who must perform special assignments within the attributions of the popular tribunal. + Article 21 The popular courts judge all causes, apart from those given by law in the jurisdiction of other courts. + Chapter II The General Court of the Romanian People's Republic + Article 22 In the capital of the Romanian People's Republic, the Romanian People's Republic A regional court for that region operates in each regional centre. The Tribunal of the Capital of the Romanian People's Republic, as well as the regonal courts, have one or more criminal colleges and one or more civil colleagues. The number of colleges is established by order of the Minister of Justice + Article 23 The Tribunal of the Capital of the Romanian People's Republic and each regional court is composed of a number of judges and is led by a president, helped by one or more deputy presidents. In case of lack or prevention, the President shall be replaced by one of the deputy chairmen, in the order fixed by the President. The President shall designate the substitutes of the deputy chairpersons and shall determine the order in which they are replaced, in case of lack, by the others. He appoints judges to colleges and designates judges who must perform special assignments within the tribunal's attributes. The president leads one of the criminal colleges. He has the right to preside over any court's full judgment. + Article 24 The Tribunal of the Capital of the Romanian People's Republic and the Regional Tribunals judge the appeals against the sentences (decisions) handed down by the popular courts of district, city and city district. The General Court of the Romanian People's Republic and the regional courts judge in substance the cases given by law in their competence. + Article 25 One of the criminal colleges of those regional courts that have their headquarters in the cities of residence of the C.F.R. regional directorates, judge and appeals against the sentences (rulings) handed down by the popular courts for the railways; the same college judges in substance and all the causes given by law in the jurisdiction of the regional courts, on the crimes in the railway sector. The appeals against the sentences (judgments) handed down by the popular court for railways in Bucharest, are judged by one of the criminal colleges of the Capital Court of the Romanian People's Republic; the same college judges in substance and all cases by law in the jurisdiction of the Capital Court of the Romanian People's Republic, on crimes in the railway sector + Article 26 One of the criminal colleges of those regional courts, in whose constituency the popular maritime and river courts are based, also judges appeals against criminal sentences (rulings) handed down by popular maritime courts and courts. rivers; appeals against the civil and river courts ' rulings (judgments) of civil and river courts, are adjudicated by one of the civil colleges of the same regional courts. The same criminal college, which judges the appeals provided in the previous paragraph, judges in substance and all cases, given by law in the jurisdiction of regional courts, on crimes in the maritime and river sector. + Article 27 Judges of the colleges provided in art. 25 and 26, are designated by order of the Minister of Justice. + Chapter III Special tribunals + Article 28 The military courts are as follows: a) 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. + Article 29 The military courts have jurisdiction established by the Law for the organization of military courts and prosecutors. + Article 30 The popular courts for railways operate in the cities of residence of the regional directorates C.F.R. The territorial competence of each popular court for railways corresponds to the constituency of the respective C.F.R. Regional Directorate. + Article 31 Popular courts for railways judge in substance those causes that are given by law in their competence. + Article 32 The popular maritime and river courts operate in the number and at the premises established by order of the Minister of Justice. In the same way the constituencies of these courts are also fixed. + Article 33 The popular maritime and river courts judge in substance those cases that are given by law in their competence. + Article 34 The special courts are composed of a number of judges and are led by a president. The President of the Special Tribunal shall determine the order in which he is replaced, in the event of lack, by the Judges. He apportioned the judges who must carry out special assignments. In the framework of the special tribunal. + Chapter IV Supreme Court + Article 35 In the Romanian People's Republic operates a Supreme Tribunal. The seat of the Supreme Tribunal is in the capital of the + Article 36 The Supreme Court has a criminal college, a civil college and a military college, composed of the required number of judges. + Article 37 The Supreme Court is ruled by a president. He is aided by one or more deputy presidents and the presidents of colleges, appointed from the Supreme Tribunal's judges, by the President of the Supreme Tribunal. + Article 38 The President and Judges of the Supreme Tribunal shall elect the Grand National Assembly. + Article 39 The President presides over the Plenum of the Supreme Tribunal and can preside over any court of law of In case of lack or prevention, the President shall be replaced by one of the deputy chairmen. The President shall designate the substitutes of the chairpersons of the colleges and shall determine, on the entire court and colleagues, the order in which they are replaced, in the event of lack, by the other judges. He apportioned the judges, the colleagues, as necessary. The President has the right to refer the final court to the Supreme Court with the requests for correction. + Article 40 The Supreme Tribunal Plenum meetings take place with the participation of at least half of the members of each college and always with a number of members without a spouse. + Article 41 The Supreme Court oversees the judicial activity of the courts by: a) the adjudication of correction requests. If the sentence (the decision) appealed was given by a college of the Supreme Tribunalum, the application for correction shall be adjudicated by the Plenum of the Supreme Tribunal; b) the guidance it gives to the courts on the basis of their judicial practice, on the just application of the laws. To this end, the Plenum of the Supreme Tribunal meets at least once every 3 months, in the presence of the Minister of Justice and the General Prucuror of the Romanian Pupular Republic, which puts conclusions. + Article 42 The Supreme Court judges the appeals declared against the sentences (decisions) handed down in substance by the General Court of the Romanian People's Republic, by the regional courts, by the military courts for the military regions and, for the Navy Military, as well as against the sentences (rulings) handed down by military courts for the units of the Ministry of State Security; he judges in substance the cases given by law in his competence. + Chapter V Bailiffs + Article 43 The execution of sentences (judgments) handed down in civil cases, as well as the execution of civil Laturei from the sentences (decisions) handed down in criminal cases, shall be made by the executors of the judge. + Article 44 Bailiffs operate at popular courts. By order of the Minister of Justice it will be possible to establish their functioning at other courts. + Article 45 The acts that the bailiff performs in the execution of his task are mandatory for all natural and legal persons, central and local state administration bodies, institutions, enterprises and economic organizations state, cooperative enterprises and organizations, mass organizations and any other public organizations. + Chapter VI Common provisions + Article 46 At every courthouse or at every college one or more complete works. The sentences (decisions) are given by a majority of votes to the members of the panel If a member of the panel has died or finds himself in imposibliity to manifest his will or to rule, if the other members of the panel who took part in the judgment can form the majority required by the preceding paragraph, the sentence (decision) will be given. Otherwise, the case will be judged again and in particular. + Chapter VII Transitional and final provisions + Article 47 The popular courts, in the constituency of which are common or cities for which land books are drawn up, will have a land book section. + Article 48 Whenever the laws maintain the names of courts or of judicial functions, established or replaced according to decree 132/1949, these names shall be replaced as follows: -Supreme Court, by Supreme Court; -Court, by the Regional Court; -Tribunal and popular court, by popular court; -First President, through the President; -Chief Justice, through the president. President Sea Presidium National Assembly, PETER GROZA Secretary Sea Presidium National Assembly, GH. MARUSSI ------------