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Law No. 60 Of 26 December 1968 For The Organization And Functioning Of The Prosecutor's Office The Socialist Republic Of Romania

Original Language Title:  LEGE nr. 60 din 26 decembrie 1968 pentru organizarea şi funcţionarea Procuraturii Republicii Socialiste România

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LEGE no. 60 60 of 26 December 1968 for the organization and functioning of the Prosecutor's Office
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 169 169 of 27 December 1968



+ Chapter 1 + Article 1 The Prosecutor's Office of the Socialist Republic of Romania, in carrying out the politics of the party and the state of insurance and continuous strengthening of socialist legality, defends the revolutionary conquests of the people, the social and state order, the socialist property, the rights and legitimate interests of socialist organisations, other legal persons and citizens. + Article 2 Through its entire activity, the Prosecutor's Office of the Socialist Republic of Romania contributes to the just and unitary application of the law, to the prevention and combating of crimes and other acts of violation of the rule of law, to the education of citizens compliance with laws and rules of social coexistence. + Chapter 2 + Article 3 The Prosecutor's Office of the Socialist Republic a) ensure the conduct of the prosecution and exercise its supervision; supervise compliance with the legality at the places of detention and preventive possession; b) ensure compliance with the law in cases of any kind at the courts, as well as regarding their activity of enforcement of decisions and other enforceable titles; c) supervises compliance with the law in the activity of the enforcement bodies of criminal decisions and bodies from the places of execution of penalties, educational measures and safety measures; d) resolve complaints and referrals relating to the violation of legality and take measures to restore it in cases where a jurisdictional procedure is not provided; e) organize and carry out the activity that lies with the problems of crime and crime prevention; f) exercise any other tasks that are given to it by law. + Article 4 The powers of the prosecutor's office shall be exercised by them, only on the basis of the law and of the provisions of the + Article 5 The superior hierarchical prosecutor may perform any of the duties of prosecutors in subordination or suspend or cancel their acts and provisions. The superior hierarchical prosecutor's provisions are mandatory for subordinate prosecutors. + Article 6 The prosecutor exercises his duties without any interference or substitution in the activity of other state bodies, he has the obligation to act, within the limits of his competence, only in order to ensure compliance with the law. + Article 7 In order to fulfill its duties, the prosecutor may ask for the necessary documents, works, dates or explanations, from the ministries and other central bodies of the state administration, from the local bodies of the state administration, the organizations economic, enterprises and state institutions, cooperative organizations and other public organizations, as well as from any person exercising a function or carrying out a commission within the socialist organizations provided above, which are obliged to follow the prosecutor's request. + Chapter 3 + Article 8 The prosecutor can carry out any act of prosecution, in any case. In the cases provided by law, the prosecution is compulsorily carried out by the prosecutor. + Article 9 The prosecutor oversees that the prosecution be carried out in compliance with the law In carrying out this activity, the prosecutor gives provisions to the criminal investigation bodies or takes other necessary measures with regard to carrying out any act of prosecution. The prosecutor gives provisions and takes measures in writing and motivated. The provisions given by the prosecutor are mandatory for the criminal investigation body. + Article 10 The prosecutor watches that any crime be on time discovered and completely established, that any offender be held criminally liable and that no person be prosecuted except in the cases and under the conditions provided by law. It also watches respect for the individual freedom of citizens, verifying the merits and legality of detention or preventive arrest, so that no person is deprived of liberty except in the cases and under the conditions provided by Law. + Article 11 The prosecutor sets in motion the criminal action, takes the preventive measures provided by the law, orders the prosecution and notifies the court or gives other solutions that fall within its competence. He solves the complaints against measures and acts of prosecution. The complaint against the measures taken or the acts carried out by the prosecutor or carried out on the basis of the provisions given by him shall be solved by the chief prosecutor If the measures and acts are of the chief prosecutor, or are taken or carried out on the basis of the provisions given by him, the complaint shall be solved by the superior hierarchical prosecutor. + Article 12 The prosecutor can ask for verification any file from the criminal investigation body, which is obliged to send it with all the documents, materials and data regarding the date and deed that form the object of the research. + Article 13 The prosecutor approves, authorizes, confirms or refutes, as the case may be, the procedural acts or measures of the criminal prosecution body. + Article 14 The prosecutor shall check at the places of detention or preventive possession the legality of the preventive detention and arrest measures, as well as the conditions of detention and possession, taking the measures provided by law. Art. 25 25 para. 1 1, 2 and 3 shall also apply in the case of checks provided for in the preceding paragraph. + Article 15 The prosecutor participates in debates in the cases in which the law obliges it, and in the other cases only when the defense of state, public or parts interests makes it necessary to participate. The participation of the prosecutor in the debate of the appeal in criminal cases, as well as of the extraordinary appeal whatever the case may be, is mandatory. + Article 16 In conducting judicial research and debates, the prosecutor has an active role in order to find the truth and respect the provisions of the law, formulating requests and concluding conclusions. The prosecutor's requests and conclusions must be motivated. + Article 17 The prosecutor supports blaming in criminal cases, according to the law. When the judicial investigation does not confirm the accusation or when a cause of termination of the criminal proceedings intervened, the prosecutor asks, as the case may be, conclusions to acquit the defendant or to terminate the criminal proceedings. + Article 18 The prosecutor examines the judicial decisions, and when he considers these to be non-judicial or unlawful, he uses the remedies provided by law. In civil cases, the application of the provisions of the previous paragraph is mandatory only in the case of decisions that are communicated to the prosecutor, according to the law, or when it is noticed by persons other than those who can exercise the remedies + Article 19 The Prosecutor General may request for examination the files on the trials definitively tried, from any court or tribunal, and to appeal with extraordinary appeal, to the complaint or ex officio, the final decisions when he considers that these were brought an essential violation of the law or that they are manifestly insignificant. + Article 20 The Prosecutor General may refer the matter to the Supreme Tribunal, for it to issue guidance decisions, in order to enforce the law in the court. + Article 21 The attorney general attends the meetings of the Supreme Tribunal in which guidance decisions are given. + Article 22 The Prosecutor shall ensure that the acts and works for the execution of judicial decisions and other enforceable securities are executed by the courts in compliance with the law. + Article 23 The prosecutor verifies that the militia bodies carry out within and in compliance with the provisions of the law the works to comply with the execution mandates. If it finds that there are enforcement warrants that have not been carried out, it shall take the measures within its competence or notify the competent bodies to take the necessary measures. + Article 24 The prosecutor supervises the observance by the bodies of the places of execution of the sentences, the jobs of the convicts, the places of execution of the educational measures taken towards minors, as well as by the bodies in the health institutions in which they are medically sick on the basis of judicial decisions. The prosecutor has full access to the places and institutions provided for in the previous paragraph, verifying the legality of the possession or admission, as well as the conditions of possession or admission provided by the provisions of the law. + Article 25 The prosecutor moves to the places of execution of the sentences and the jobs of the convicts and examines the orders, instructions, provisions and any other acts relating to the legality of the holding and the conditions of possession, as well as personal files of the convicts. The prosecutor examines the requests or verbal or written complaints of the convicts, and at their request or when they consider it necessary, they listen to them without the presence of other people. If it finds cases of illegal possession or other cases of non-compliance with the law, it takes the measures that fall within its competence or notify the competent bodies to take the necessary measures. The provisions of the preceding paragraphs shall also apply accordingly to the places where educational measures taken towards minors are carried out, as well as to the health institutions in which sick medical persons are admitted on the basis of Court decisions. + Article 26 The prosecutor who performs the duties provided for in this section shall check, in the case of crimes committed by inmates and internees in the places and institutions provided by art. 24, if criminal investigation is conducted according to the law. + Article 27 The prosecutor receives, examines and resolves the complaints and complaints of socialist organizations and citizens, regarding violations of the provisions of the law enjoyed by the officials of the socialist bodies and organizations provided in art. 7. The provisions of the preceding paragraph shall not apply to requests for the jurisdiction of courts or other bodies with judicial activity. + Article 28 The Prosecutor, in the exercise of the duties provided by 27, when it finds violations of the provisions of the law, takes, as the case may be, the measures provided by the criminal law or notifies the body in whose activity the violation was found, in order to restore legality, while asking the competent body to apply the legal provisions relating to administrative, disciplinary or material liability. The body provided in the previous paragraph is obliged to resolve the complaint and to take the necessary measures to restore legality and sanction those guilty, communicating to the prosecutor, within 30 days from the receipt of the complaint, the measures taken. If the notified body does not take the necessary measures or they are not appropriate to the provisions of the law, the prosecutor shall inform the superior hierarchical prosecutor, until the Prosecutor General, in order to introduce the complaint to the superior hierarchical the one provided in par. 1. + Article 29 If the application of the measures provided for in the previous article is not possible due to the fulfillment of the prescription or other legal causes, the prosecutor, through his complaint, will ask the competent body to take measures to remove and prevent the causes that determines non-compliance When it finds frequent cases of non-compliance with the law in one or more units, outside the measures that are taken according to art. 28, the prosecutor notifies directly or, as the case may be, makes proposals in order to notify the superior hierarchical body of the units in whose activity there have been cases of non-compliance with the law. The body referred to according to 1 and 2 is obliged to respond to the prosecutor within 60 days of receipt of the referral. + Article 30 When from the acts and works carried out in the exercise of the duties provided for in sections I, II and III of this chapter, as well as in the case when from any other works that fall within the competence of the prosecution bodies, violations of the law the prosecutor is notified and, carrying out the necessary checks, proceed according to art. 28 28 and 29. + Article 31 The Prosecutor's Office of the Socialist Republic of Romania organizes the introduction and application in practice of criminal prosecution of scientific methods and forensic technical means, for the continuous lifting of the quality of prosecution and qualification professional prosecutors. + Article 32 The Prosecutor's Office of the Socialist Republic of Romania studies and generalizes the experience of the criminal prosecution practice, carries out laboratory works and contributes to the establishment of scientific methods and forensic technical means for research and prevention of crime. + Article 33 The attorney general can order the establishment of forensic offices at county procedures. + Chapter 4 + Article 34 The military prosecutor has the following competence a) carry out the prosecution according to the law, supervise the work of the bodies conducting criminal investigation in the cases of the competence of the military courts, as well as the organs of the places of detention and preventive possession of the accused in these causes; b) ensure compliance with the law in criminal cases at the military courts as well as in the activity of their execution of the decisions rendered; c) supervise compliance with the law in the activity of military units and formations in connection with the fulfillment of execution warrants issued by the courts, as well as in the work of the bodies at the places of execution of the penalties handed down by military tribunals for offences against the security of the State or the penalties rendered with execution in a disciplinary military unit; d) resolve complaints and referrals regarding violations of the law enjoyed by military and civilian employees in military bodies, institutions, units and formations, taking the measures provided by law. When from the acts and works carried out in the exercise of the duties provided a-c inclusive, as well as if from any other works falling within the competence of the military prosecutor's bodies result in violations of the law, of the military oath or of obligations relating to military duty, order and discipline, the military prosecutor is notified and takes the measures provided by law. + Article 35 In conducting the activity provided by art. 34, the prosecutor exercises the attributions and uses the means provided by this law, whose disposition-the zites also apply accordingly to military prosecutors. + Chapter 5 + Article 36 The Prosecutor's Office of the Socialist Republic of Romania is led by the Prosecutor General, helped by The College consists of the Prosecutor General, his deputies, as well as other persons with management positions in the prosecutor's office. The composition of the college is approved by the State Council, on the proposal of the The Prosecutor General is the President of the College and coordinates its The College of the Prosecutor's Office of the Socialist Republic of Romania is the deliberative body that operates according to work and collective The College debates and takes decisions in the main problems of the prosecutor's office. He meets at least once a month, works in the presence of at least 2/3 of the number of his members and takes decisions with half plus one of the total number of members who compose him. If the attorney general is not of the majority opinion, inform about this State Council, to decide. The members of the college are accountable to the college and the attorney general for carrying out the tasks assigned to them. The Prosecutor General and his deputies ensure that the decisions of the college are brought to fruition and exercise the operative management of the prosecutor's office. + Article 37 The Prosecutor General answers to the Grand National Assembly the activity of the prosecutor's office, and in the interval between the sessions, before the State Council. + Article 38 In carrying out its duties, the Prosecutor General shall issue orders and instructions, on the basis and for the application of the law, as well as for all prosecution bodies with regard to the conduct of the prosecution activity. The orders and instructions of the Prosecutor General may be cancelled or suspended by the Grand National Assembly, and in the interval between the sessions, by the State Council. + Article 39 The Prosecutor General can make the Council of State proposals of a legislative nature; it can also refer the matter to the Council of State to give the laws in force the generally binding interpretation. + Article 40 The Prosecutor's Office of the Socialist Republic of Romania has the following organs: the Prosecutor General's Office, the county prosecutors, the local prosecutors ' The Prosecutor's Office of Bucharest has the same organization and competence as county prosecutor's office In each county and in the sectors of Bucharest, local prosecutors operate. The number of local prosecutors and their territorial area are the same as the courts. The premises of the local and county offices as well as their name, shall be established by order of the Prosecutor General The number, premises and range of military prosecutor's offices shall be determined by the State Council. + Article 41 The organization statutes of the military prosecutor's offices are established by the Prosecutor General, agreed with the Minister of Armed Forces. + Chapter 6 + Article 42 The staff of the Prosecutor's Office of Socialist Republic of Romania is composed of prosecutors, administrative, technical and service personnel. + Article 43 Can be the prosecutor person who: a) is a Romanian citizen and has full exercise of civil and political rights; b) is a doctor or licensed in law; c) has not been criminally convicted and enjoys a non-irrepressible reputation. + Article 44 The Prosecutor General is elected by the Grand National Assembly, during the term of the legislature, in its first session and works until the election of the new Prosecutor General. The deputy attorney general is hereby appointed by decree of the State Council, on the proposal of the Prosecutor General + Article 45 The chief prosecutors of the counties and the chief prosecutor of Bucharest are elected to office and revoked by the county folk councils or the city of Bucharest, at the proposal of the Prosecutor General. The chief prosecutors set out in the previous paragraph are elected during the term of office of the popular council and operate until the election of the new The chief prosecutors of the counties and the chief prosecutor of the city of Bucharest present annually in the sessions of the county folk councils and the city of Bucharest, administrative-territorial in which these councils are elected. + Article 46 Appointment, transfer, advancement and termination of the office of other prosecutors than those provided in art. 45 are made by the attorney general. The appointment of military prosecutors is done with the agreement of the Minister + Article 47 The newly appointed prosecutors will carry out a 2-year internship after the end of which they are subject to a mandatory capacity exam. The judges who passed the capacity exam, in this capacity, no longer have the obligation to take such an exam, as a prosecutor. At the capacity exam you can present, without fulfilling the internship condition, those who have a legal work seniority of at least 2 years as a judge, consultant to the Supreme Tribunal, juristconsult, lawyer, state notary, state arbitrator and consultant arbitral. The provisions of the previous paragraph also apply to the activity carried out as a member of the teaching staff from the higher legal education, editor to a legal journal or to a publishing house with legal specific, legal worker to Institute for Legal Research of the Academy of Socialist Republic of Romania or in the Ministry of Justice or in the laboratories of forensic expertise under the Ministry of Justice, as well as some directions, departments or offices with attributions special legislation or legal studies. + Article 48 The granting of military degrees and the advance in the rank of military personnel from the military prosecutor's bodies shall be made according to the norms applicable to the permanent staff of the Ministry of + Article 49 Personnel from the military prosecutor's office enter the army of the Ministry of Armed Forces. Military personnel provided for in art. 48 is part of the permanent frameworks of the armed forces, being applicable to the provisions of the laws, decrees, decisions of the Council of Ministers, statutes, regulations and instructions regarding the rights and obligations of permanent staff. The awarding of rewards and the application of disciplinary measures to the personnel provided in the previous paragraph belong to the superior hierarchical bodies of the Prosecutor The military prosecutors are subordinated to the superior hierarchical bodies of the Prosecutor's Office of the + Article 50 Prosecutors are obliged to conscientiously perform the duties of service, to strictly observe the provisions of the law, the decisions and orders of the superior hierarchical bodies and to fight for the defense and strengthening of the socialist legality. They are obliged to have a correct and dignified behavior in the service activity, as well as in social relations, compatible with the prestige of the function that they perform. The enjoyment of criminal acts or other unworthy acts that prejudice the reputation of the prosecutor attracts the loss of the right to perform this function. + Article 51 Prosecutors answer disciplinarily for deviations from duty of service or from the rules of social coexistence or for behaviors that harm the interest of the service or the prestige of the office. + Article 52 The sanctions that apply for disciplinary deviations are: a) the observation; b) reprimand; c) temporary suspension from advance to 1-3 years; d) relegation to the position for no more than 3 months, with the corresponding reduction of salary; e) disciplinary transfer; f) the dismissal from office, by revocation or by the dissolution of the employment contract, as the case may be. If the sanctioned one does not follow the transfer, it will be possible to dispose of the function. + Article 53 The sanctions provided by art. 52 lit. c-f including applies by the Attorney General directly or through his/her appointed deputies for that purpose. The competence to apply the other disciplinary sanctions can also be delegated to the chief prosecutors. Prosecutors accused of serious misconduct can be suspended from office until research ends. In case of setting in motion the criminal action against them, the suspension from office until the final termination of the criminal proceedings is mandatory. Measures provided for in par. 3 and 4 are taken by the attorney general. + Article 54 The salaries of prosecutors shall be determined by the decision of the Council of Ministers. The salary of personnel from the military prosecutor's office is established according to the regulations in force for the personnel of the budget military units. For military personnel, all other rights, as well as retirement conditions and pension rights, are those established for the military. + Article 55 Outside the cases provided by art. 52 52 para. 1 lit. f and para. 2, the position of prosecutor ceases by a) retirement; b) resignation; c) transfer to another position than that of prosecutor; d) release from office. + Article 56 In the application of this law and the provisions of the labor law, the Prosecutor General will establish by order the conditions of transfer, termination of office, performance of the internship, support of the capacity examination, scoring, granting of rewards, application of disciplinary sanctions, as well as other rights and obligations of prosecutors. + Article 57 The appointment, advancement, transfer, dissolution of the employment contract and the application of disciplinary measures to the administrative, technical and service personnel of the Prosecutor's Office of the Socialist Republic of Romania shall be made by the Prosecutor General, directly or by its delegates, under the conditions of labour law. + Chapter 7 Final and transitional provisions + Article 58 The organizational structure of the Prosecutor General's Office, the functions of the prosecutors and their hierarchy, as well as the conditions of seniority for the advancement in office, shall be established by the + Article 59 Prosecutors, except those who perform the internship, who are in office on the date of entry into force of this law, are considered to meet the conditions provided by art. 47, as well as the conditions of seniority for the functions they occupy. Provisions of paragraph 1 also applies to former prosecutors and elected judges or appointed in public organizations or in the state apparatus, in positions related to the activity of justice. + Article 60 Prosecutors participating in court debates wear the dress outfit of the meeting. + Article 61 This Law shall enter into force on 1 January 1969. Same date Law no. 6 6 of 21 June 1952 for the establishment and organization of the Prosecutor's Office of the Socialist Republic Romania, republished in the Official Bulletin no. 14 14 of 29 May 1961, as amended, Decree no. 88 88 of 8 February 1956 , published in the Official Bulletin no. 10 of March 23, 1956, as amended, as well as any provisions contrary to this law, shall be repealed. -----------