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Law No. 18 Of 24 June 1968 (Republished) On The Control Of Property Of The Provenance Of The Individuals That Were Not Acquired In The Way Assets

Original Language Title:  LEGE nr. 18 din 24 iunie 1968 (*republicată*) privind controlul provenientei unor bunuri ale persoanelor fizice, care nu au fost dobândite în mod licit

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LEGE no. 18 18 of 24 June 1968 (* republished *) on the control of the provenance of certain goods of natural persons, which were not acquired in a lawful manner
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 33 33 of 10 May 1983



The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 The acquisition of goods by means other than those of a lawful nature constitutes a violation of the principles of socialist ethics and equity and is prohibited. The goods acquired in violation of the provisions of the previous paragraph or, as the case may be, their monetary value shall be passed into the property of the state, + Article 2 May be subject to control, under the conditions of this law, the origin of the goods of any natural person, if given or indications that there is a manifest disproportion between the value of its goods and its legal income and it is not justified to acquire bid of goods. By justifying the provenance of the goods it is understood the obligation of the person concerned to prove the lawful character of the means used to acquire or increase the goods The control concerns the goods acquired in the last 15 years before the referral, both those existing in the patrimony of the person concerned and those disposed of as onerous or free of charge. If there is certain evidence that goods acquired prior to this period have illicit origin, the control will be extended to them. All income from productive activities useful for society, as well as those acquired through legal legal acts, will be taken into account when justifying the origin of the goods. In the case of income for which the related taxes or legal fees have not been paid, the financial bodies will be notified in order to establish and pay them within the legal limitation periods. + Chapter 2 Referral Mode + Article 3 The control of the provenance of the goods provided for in Chapter I a) on the basis of referrals, if written and signed, of any natural person or of the management of the socialist organization in which the person concerned has provided or performs any activity, regardless of its nature; b) at the request of the person to whom public imputations have been brought in relation to the origin of his goods; c) to the complaint made by the management of the financial bodies, of the prosecution or of the courts, if they hold data, resulting from their activity, regarding the manifest disproportion between the value of the goods and the income A person's legal. If the referral is incomplete, the body that made it has the obligation that, within 30 days of the request of the research committee, it shall complete it with all the data that this organ holds. If the person concerned is married, the control is also to be made with regard to the common goods, and he extends to the other spouse, regarding this category of goods. The management of socialist units, financial bodies, those of prosecution, as well as courts, is obliged to have an active role, taking measures for the knowledge and referral of all cases where there is a disproportion manifest between the value of the goods and the legal income of a person. + Chapter 3 Research Commission + Article 4 Verification of referrals and requests shown in art. 3 is made by a research commission, which operates in addition to each court and is made up of: -a judge from the court, appointed by the president of the county court, as president; -a prosecutor from the local prosecutor's office, appointed by the chief prosecutor of the county prosecutor's office, a delegate appointed by the director of the county financial administration, a delegate of the county militia, a deputy in the municipal, city or communal or sector of the city of Bucharest, as well as 4 workers who carry out their activity directly in production, in socialist units in the territorial area of the court, elected by the general assemblies of the working people of those units, as members. The chairman and members of the commission shall be appointed or, as appropriate, elected for a period of 2 years, taking into account their professional training and life experience. The Commission shall have a Secretary, appointed by the President of the Court of Justice. + Article 5 If the referral is made according to art. 3 lit. a), the commission will not start the research before being called on the one who signed the complaint to ask for the necessary relations to the case, while also considering the provisions of art. 31 of this law, regarding the consequences of false claims. Socialist units, with the exception of the units of the House of Savings and Consemnations, are obliged to provide the commission with the required documents and to give the necessary relations, within 15 days, even if by special provisions it is ordered otherwise. Against the staff of the socialist units, from which the documents and relations have not been communicated within this period, the research committee or the court will be able to apply, by enforceable conclusion, a civil fine up to 500 lei, a fine that will be able to be raised for thorough reasons. If data or indications result that between the value of the goods and the licenced income of the person concerned there is a manifest disproportion, the commission orders the inventory of its goods, the dapa that quotes it and gives it a deadline to file a declaration with on all the goods provided for in art. 2 2 and the justification for their provenance. The origin of the goods of the person who refuses to give the declaration shown in the previous paragraph, as well as of the goods that were omitted from this declaration, is considered unjustified, until proven otherwise. + Article 6 The commission's papers and papers are not public The person concerned may take note of the documents and works of the file. The Commission shall cite any person who may give useful relations to clarify the provenance of the property of the person concerned. Those who during the period subject to control have acquired goods from the person concerned will be compulsorily listened to. Persons referred to in par. 3 and 4 which, unjustifiably, do not appear before the commission or refuse to give the clarifications required by it shall be sanctioned with a judicial fine of 200 to 1,000 lei. + Article 7 The Commission may also ex officio carry out local research or order technical or accounting expertise to clarify the case. The expertise will be carried out by experts from the lists of the local office for expertise in the county where the court operates or, in case of need, from the lists of the local office for expertise in another county. Failure to submit the expert report within the deadline set by the commission, without thorough reasons, is sanctioned with a judicial fine, according to art. 6. + Article 8 The Commission will order measures to prohibit the disposal of the goods of the person concerned and of the persons with whom he lives and the household in common, until the situation of the investigated person is clarified. The commission will also order measures to prohibit the disposal of the goods that the person concerned has submitted, free of charge, after the entry into force of this law. The measures provided in par. 1 and 2 cease on the date of the final rampage of the conclusion of the ranking. If the commission decides to send the case for settlement of the court, it will institute the insurer seizure of the goods provided in par. 1 1 and 2. + Article 9 The Commission shall decide, within 45 days, by reasoned conclusion, by a majority of votes: a) the sending of the case for settlement to the court within which the domicile of the person concerned is located if he finds that the origin of some goods is unjustified, and their value is more than 50,000 lei; b) the ranking of the case, when it finds that the origin of the goods is justified, not meeting the conditions provided in a); c) the suspension of the investigation and the sending of the case to the competent office of the prosecutor's office, if in connection with the goods whose origin is unjustified results the enjoyment of The conclusion of the ranking is communicated to the person concerned, to the one who made the complaint, to the chief prosecutor of the local prosecutor's office and to the financial administration, within 10 days of the ruling. + Chapter 4 Court of law + Article 10 The President of the Court, receiving the file, fixes the court term in particular and orders the citation of all parties that have been called to the research committee. The financial administration is always cited in the process and has an obligation to do all due diligence to defend state interests. The prosecutor's presence is mandatory The judge and the prosecutor who were part of the research committee cannot participate in the judgment. The trial panel consists of 2 judges and 3 workers who carry out their work directly in production, in socialist units in the territorial area of the court, elected for 2 years by the general meetings of the working people. of those units. + Article 11 The Court, if it finds that the origin of certain goods determined or of a quota-parts of a good is not justified, will decide either to pass into the property of the state the goods or to the unjustified rate, or to pay an amount of money equal to their purchase value. In the case of buildings and cars whose purchase value is less than that found unjustified or at most equal to it, the court will decide to pass them into state property. The passage into state property is made at the value established by the court, on the basis of expertise. If the value of the expertise is higher than the purchase value, the passage will be made to the latter value. In the judgment of the case the court is not limited to the goods and values mentioned in the notice. If in connection with the goods whose origin is unjustified results the enjoyment of a crime, the court sends the case to the competent unit of prosecutor's office, to see if it is appropriate to set in motion the criminal action. The Court, if it finds that the origin of the goods is justified, decides to close + Chapter 5 Remedies and remedies + Article 12 Against the conclusion of the ranking of the research committee may appeal, within 15 days from the date of communication, the local prosecutor's office, the financial administration and the person who made the complaint. The appeal is settled by a commission that operates under each county court and is made up of: -the deputy chairman of the county court, as president; -a judge from the county court, appointed by the president of this court, the deputy chief prosecutor of the county prosecutor's office, the director of the county financial administration or his replacement, a deputy in the county folk council, as and 4 workers who carry out their activity directly in production, in socialist units in the territorial area of the county court, elected for 2 years by the general meetings of the working people of those units, as members. The Commission has a Secretary, appointed by the President of the County Courthouse between the Registrars of + Article 13 In the case of final final finishes, the commission next to the county court will be able to order, no later than one year from the date of their final stay, on the basis of a new complaint comprising elements that were not considered at the the first research, the resumption of research by the commission provided for in 4. If goods or other material values were subsequently discovered that had been stolen or hidden, in bad faith, by the person under investigation, if a person who took part in the research was definitively convicted of a offense in connection with the case, as well as if the conclusion of the ranking was given on the basis of a false inscription, the commission of the county court will order, on the basis of a new complaint or ex officio, no later than one year from the date the discovery of these situations, the resumption of investigations by the commission provided for in 4. The provisions of the previous paragraph are also applicable in cases where a final court decision has been ruled. In these cases, the court seised again will bring together the case with that in which the final decision was given and will pronounce a new decision, in relation to all the goods or material values of the person investigated, abolishing the previous decision. + Article 14 Against the judgments of the judge, the chief prosecutor of the local prosecutor's office, the financial administration, the person who made the complaint, the person whose assets were subject to control, as well as, as the case may be, the commission art. 4 or the commission next to the county court shown in art. 12, may appeal, within 15 days of communication, to the county court. The court panel consists of 3 judges and 2 workers who carry out their work directly in production, in socialist units in the territorial area of the county court, elected for 2 years by the general meetings of the people work from those units. + Chapter 6 Special procedures + Article 15 If the person whose property is to be subject to control is a dignitary, the research committee shall consist of: -2 judges of the Supreme Court, appointed by the president of this court, one of whom as president; -a prosecutor from the Prosecutor General's Office, a delegate of the Higher Court of Financial Control, a delegate of the Ministry of Finance, 2 deputies in the Grand National Assembly, as well as 4 workers who operate directly in production, in Socialist units, chosen by the general assemblies of the working people of those units, as members. The chairman and members of the commission shall be appointed or, as appropriate, elected for a period of 2 years. Secretary of the Commission is a consultant, appointed by the President of the Supreme Tribunal between the consultants of this + Article 16 Commission provided for in art. 15 may proceed to verify the complaint or application regarding a dignitary, with the consent of the State Council. + Article 17 The causes provided in art. 15 is judged by the Supreme Court, the civil section, in complete consisting of 3 judges and 4 workers who carry out their work directly in production in socialist units, elected for 2 years by the general meetings of the working people of those units. The appeal is adjudicated in a panel of 5 judges and 4 deputies in the Great National Assembly of Workers, appointed during the term of the legislature by the Bureau of the Great National Assembly. The appeal can be made within the deadline provided for in art. 12, by the Prosecutor General, the Ministry of Finance, the person who made the complaint and the person whose assets were subject to control, as well as by the commission under the Supreme Tribunal provided for in art. 15. + Article 18 The research committee and the judoecata court, provided in this chapter, shall proceed according to the provisions of art. 5 5-11 inclusive, the provisions of which shall apply accordingly. + Chapter 7 Guidance and control + Article 19 The guidance and unitary control on the republican level regarding the activity of the research commissions, the financial bodies, the militia, the prosecutor's office, the judiciary and the leaders of the socialist units, carried out in the application of this law, shall be carried out central commission, led by the chairman of the Central Council of Workers ' Control of the Economic and Social Activity of which the Minister of the Interior, the Minister of Justice, the Prosecutor General of the Socialist Republic of Romania, the President Supreme Court, First Vice-President of the Superior Court of Control Financial and a deputy to the finance minister. The central commission may request from any state body or obstesc briefings in connection with the activity carried out in the application of this law and organizes on the territory the control of its execution. The central commission annually presents reports to the Central Committee of the Romanian Communist Party and the Council of State on how to apply the provisions of the law. + Article 20 For the guidance and unitary control on the county level regarding the activity of research commissions, financial bodies, militia, prosecutor's office, justice and management of socialist units, carried out in the application of this law, it works a county commission, led by the president of the county council of labor control of economic and social activity, which will include the president of the county court, the county's chief prosecutor, the head of the county militia and the chief territorial financial inspection of the Ministry of Finance. The county commission may request information from any state or public body in the territorial area of the county in connection with the activity carried out in the application of this law and organizes on the territory of the county the control of its execution. The county commission presents half-yearly reports to the central commission and county party bodies on how to apply the provisions of the law. + Chapter 8 Final provisions + Article 21 The operative part of the final court decision shall be communicated to the financial administration if the state property of some goods has been passed, the operative part of the decision shall be communicated to the executive committee of the council. popular of the commune, city, municipality or sector of the city of Bucharest in whose territorial area the immovable property is located or, in terms of movable property, in whose territorial area the person concerned is domiciled. Past goods, according to art. 11, the state property shall be surrendered, by the bailiff, to the delegate of the executive committee (office) provided for in the preceding paragraph. The bailiff will communicate to the financial administration a copy of the delivery-takeover minutes. The execution of the debits created under the conditions of this law shall be made by the financial bodies in accordance with the legal provisions relating to the enforcement against individuals of the payment of taxes, unpaid taxes within and money receivables of socialist units. If the value of the goods taken according to par. 2 2 does not fully cover the total value of the goods established that they were not acquired in a lawful manner, the difference will be made by execution, under the conditions of the previous The financial bodies will keep records of the total value of the goods established that they were not legally abandoned, as well as the debits that were communicated to them for execution. These organs will take measures for the immediate and complete pursuit of debits and will report, periodically, to the Ministry of Finance about their collection and the takeover of past goods, according to art. 11, owned by the state. + Article 22 The procedure of research and trial of the provenance of the goods started against a person continues against the heirs. The research can also be started directly against the heirs, but only within 3 years from the date of opening the succession. Heirs only respond within the value of the assets acquired by succession. + Article 23 Until the final settlement of the case, the court may order the preservation of the goods for which this measure was not taken under the conditions of art. 8. + Article 24 If, on the occasion of the execution, the insolvency of the person concerned is found, the financial administration, in order to achieve the established flow, may seek in the judiciary to find that the acts by which it has alienated goods for consideration or Free of charge The financial administration will also be able to ask for the abolition of the acts by which the person concerned has alienated goods, free of charge, in fraud of state rights arising from this law. + Article 25 The provisions of this law are completed with the provisions of the Code of Civil The evidence with witnesses cannot be admitted, against his own recognition, to the person whose assets are subject to control. In the case of documents, the person whose property is subject to control shall not be able to prove with witnesses for the establishment of a price other than that provided for in the act; price than that provided in the authentic instrument. If proof of the origin of the goods is made by loans, donations, sale-purchase or other such acts, the material possibilities of the persons from whom the one in question claims to have received amounts of money or goods will also be examined. + Article 26 The person against whom it was pronounced, according to the present law, a final court decision to pass into the state property of goods or to order the payment of their value will no longer be able to occupy positions of manager or financial control. The record of persons provided in the previous paragraph will be held by the organs of the Ministry of Interior on the basis of communications made by the courts; the communications will also be made to the socialist units within which those people. + Article 27 Staff with management positions, as well as heads of staff compartments in socialist units who, having data or indications that there is a manifest disproportion between the value of goods and the income of a person who provided or provides any activity within those units, does not refer the matter to the commission referred to in 4, respond disciplinarily, if the act does not constitute a crime + Article 28 The amounts necessary for carrying out the surveys ordered ex officio shall be advanced from a fund made available to the Ministry of Justice, which shall be borne by this ministry in the case of the classification + Article 29 All procedural documents in this matter are exempt from any stamp duty. + Article 30 The conclusion of the ranking of the research committee or, as the case may be, the decision of the court finding that the origin of the goods is justified, remaining final, will be published in a newspaper, in extract, at the request and at the expense of the person in question. + Article 31 Deed of the one who, in the complaint provided by art. 3, makes false statements about the unjustified origin of the goods of a natural person, constitutes a crime and is sanctioned with the punishment provided by the Criminal Code for slanderous denunciation. The criminal action is set in motion to the prior complaint of the injured person or to the referral of the research committee or the court. + Article 32 Whenever, in the present law, reference is made to counties or organs operating on the territory of the counties, these references are understood to be made at the city of Bucharest or, accordingly, to the organs operating on the territory of this municipality. ----------------