Law No. 281 Of 24 June 2003 On The Amendment Of The Criminal Procedure Code And The Special Laws

Original Language Title:  LEGE nr. 281 din 24 iunie 2003 privind modificarea şi completarea Codului de procedura penală şi a unor legi speciale

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Law No. 281 of 24 June 2003 on the amendment of the code of criminal procedure and the ISSUING of special laws, the PARLIAMENT Published in MONITORUL OFICIAL nr. 468 of 1 July 2003 the Romanian Parliament adopts this law.


Article of the criminal procedure code, reprinted in the Official Gazette of Romania, part I, no. 78 of 30 April 1997, as amended and supplemented, modified and completed as follows: 1. In article 5, paragraphs 2 to 4 shall read as follows: "no person may be detained, arrested or deprived of liberty, nor in any other way cannot be subjected to any form of restriction of liberty except in the cases and under the conditions provided by law.
If the one against which took the measure of preventive arrest or hospitalization was ordered a medical measure of restriction of freedom is considered illegal, have the right, throughout the criminal process, to apply to the competent court, in accordance with the law.
Any person who was, during the criminal trial, deprived of liberty or whose liberty has been restricted, illegally or unfairly is entitled to compensation for the damage suffered, within the conditions prescribed by law. "
2. After article 5 ^ 1 ^ 2 introduces in article 5 with the following content: "the presumption of innocence Art. 5 ^ 2. -Every person is considered innocent until his guilt through a criminal judgment final. "
3. In article 6, paragraph 3 shall read as follows: "judicial Organs are obliged to încunoştinţeze him, and before him hear, or on defendant's supposedly about the deed for which classification is sought, its legal and to ensure training and exercise."
4. Article 7 shall read as follows: the language of criminal proceedings is conducted ". 7.-in criminal legal proceedings shall be conducted in Romanian language.
In the face of judicial bodies and ensure the parties and other persons responsible for the use of the mother tongue, the procedural laws, intocmindu in Romanian language. "
5. Article 8 shall read as follows: "the use of the official language through an interpreter Art. 8.-the parties who do not speak or understand Romanian language cannot express times ensure, free of charge, the opportunity to get knowledge of the parts of the dossier, the right to speak and the right to put the findings in court through an interpreter. "
6. In article 10 (1) after the letter i) is inserted in point i ^ 1) with the following content: "i ^ 1) there are a cause of nepedepsire provided by law;"
7. In article 13, the name of the residential and paragraphs 1 and 3 shall read as follows: "the continuation of the criminal process in the event of an amnesty, prescription or withdraw a prior complaint of the times a case of nepedepsire Art. 13.-in the case of prescription or amnesty, withdrawal of the complaint, as well as in the event of a case of nepedepsire, invinuitul or the defendant may request the continuation of the criminal process.
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If you find any of the cases referred to in article 1. 10 para. and (b). a)-(e)), the Prosecutor has the termination of criminal proceedings, except in the cases prescribed in article 3. 10 para. and (b). I) and ^ 1), and the Court ruling the termination process. "
8. In article 14, paragraph 4 shall be inserted after paragraph 5 with the following content: "Civil Action may object and the liability for compensation for damages according to the law, civil-."
9. Article 17 shall read as follows: "the exercise of the Office of civil action Art. 17.-Civil Action starts and is exercised ex officio and, when the injured party is a person lacking in exercise capacity or restricted exercise.
To this end, the prosecution or the Court shall require that the person injured by the legal representative or, where applicable, the person whom they agree and submit to the laws, the situation with regard to the extent of the material damage and moral damage, as well as data on the deeds by which they were inflicted.
The Court shall adjudicate ex officio upon repairing damage and moral damage, even if the injured person is not established civil party. "
10. In article 18, paragraph 2 shall read as follows: "when the injured party is a person lacks capacity to exercise or exercise, the Prosecutor, when attending court is obliged to uphold the civil interests, even if it is not properly constituted civil party."
11. In article 19, paragraph 1 shall read as follows: Art. 19.-any person who has not yet been constituted civil party in criminal proceedings may be appealed to the civil court action to repair the damage of the material and moral damage caused by crime. "
12. In article 20, paragraphs 2 and 3 shall read as follows: "In cases in which the civil action was exercised ex officio, if it is noticed that the damage from the new and non-material damage have not been completely repaired, the difference may be claimed on the way to a civil court actions.
Also, the injured party may apply to the civil court action for compensation for material damage and moral damage which they were born or have discovered after pronouncement of the first criminal court. "
13. Article 25 shall be inserted in paragraph 2 with the following content: "the Court resolves otherwise specifically and as provided by law."
14. Article 26(2) shall read as follows: "the jurisdiction of the military tribunal Art. 26.-Military Tribunal: 1. judge on the first court of crimes:). 331-352 of the criminal code and other offences committed in connection with their duties, committed by military personnel up to the rank of colonel, except those given in the competencies of other courts;
  

(b) the offences provided for in the code) in art. 348-354, committed by civilians;
  

2. judge and adjudicates and other specific causes provided by law. "
15. In article 27, paragraph 4 shall read as follows: "4. resolves conflicts of competence between courts, arising from his constituency, as well as other cases specifically provided by law."
16. Article 28 shall read as follows: "the jurisdiction of the territorial military tribunal Art. 28.-Military Tribunal: 1. territorial judge on the first court: crimes of). 27 point 1(a). a)-(e)), committed in connection with the duties of military service, up to and including the rank of colonel;
  

(b)) other crimes by law under its jurisdiction;
  

2. as the Court of appeal, judge calls against the judgments given in first court of military courts, except for the offences mentioned in article 1. 279 paragraph 2. 2(a) to counter crime) and order and military discipline, sanctioned by law with jail not exceeding 2 years;
3. as the Court of appeal, judge appeals against judgments of the military courts in the case of offences referred to in article 1. 279 paragraph 2. 2(a) to counter crime) and of order and military discipline, sanctioned by law with jail not exceeding 2 years, as well as in other cases specifically provided for by law;
4. resolves conflicts between the competence of the military courts, arising from his constituency, as well as other cases specifically provided by law. "
17. In article 28, point 1 ^ 1, letter c) shall read as follows: "c) crimes related by judges, prosecutors and financial controllers of the boards of County accounts, as well as the statutory auditors of the Court of Auditors;"
18. In article 28, point 1 ^ 1, subparagraphs e and f)) is repealed.
19. In article 28, paragraph 4 ^ 1 shall read as follows: "4. resolves conflicts of jurisdiction arising between or among judges and tribunals courts in Vienna to fold between judges from different courts placed some constituency in the District Court, as well as other cases specifically provided by law."
20. In article 28, point 1 ^ 4 is inserted after section 5 the following: "5. solves the applications through which requested extradition or transfer of sentenced persons abroad."
21. In article 28, point 1 ^ 2) (a) and paragraph 4 shall read as follows: "the offences provided for in the code) in art. 155-173 and article. 356-361, perpetrated by the military.
4. resolves conflicts of competence arising between territorial military courts or military courts and between military courts military courts between territorial jurisdiction of military courts shall have jurisdiction over some territorial and other cases specifically provided by law. "
22. In article 29, paragraph 1, letters c), (d)) and f) shall read as follows: "c) crimes related to the Constitutional Court judges, prosecutors, judges and members of the Court of Auditors, the President of the Legislative Council and the Ombudsman;

d) perpetrated crimes maresali, admirals, generals and Quaestors;
  

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f) crimes related judges and assistants to judges-Supreme Court of Justice, judges of the courts of appeal and the Court of Military Appeals, as well as prosecutors from the public prosecutor's Office attached to these courts and Anti-corruption prosecutors National Prosecution; "
  

23. In article 29, paragraph 2, subparagraph (c)) shall read as follows: "(c) appeals against penal rulings) handed down in first instance court, the criminal section of the Supreme Court of Justice, and other cases provided by law;"
24. In article 29, paragraph 5, after the letter c) is inserted in point d) with the following content: "d) other cases specifically provided by law."
25. In article 30, paragraph 3 shall read as follows:

"When prosecution is carried out by the public prosecutor's Office attached to the Supreme Court of Justice or the public prosecutor's Office attached to the Court of appeal twice near the courts or by an organ of the central County times, research Attorney, by indictment, shall determine which of the courts referred to in paragraph 1. 1 it is incumbent upon the competence of the judge, taking into account that, in relation to the circumstances of the case, to ensure the smooth operation of criminal process. "
26. In article 31, paragraph 1 shall read as follows: Art. 31.-crimes related out of the territory of the country, as the case may be, judging by the civil or military courts in whose constituency is domiciled or resides the perpetrator. If he is not domiciled nor lives in Romania, and the deed is the competence of the Court, the Court shall judge District 2, and in other cases, the Court's competence and the grade of person after matters, from Bucharest, unless otherwise specified by law. "
27. In article 35, paragraph 3 shall read as follows: "If the civil court is superior in rank, the competence lies with the military court equivalent degree with civil court. If the superior civil court is the Supreme Court of Justice, the competence lies with it. "
28. In article 40, paragraph 1 shall read as follows: Art. 40.-When Court is determined by the quality of the defendant, the Court remains the competence to judge even though the defendant, after committing the offence, no longer has that quality, in cases when: (a) is related to the deed) powers of the perpetrator;
  

b) gave a judgment in the first instance. "
  

29. In article 45, paragraph 1 shall be inserted after paragraphs 1 ^ 1 ^ 1 and 2 with the following content: "the provisions of art. 35 para. 4 do not apply in the case of withdrawal under criminal or termination of criminal proceedings has been ordered by a military prosecutor.
Disclaimer of jurisdiction ordering by order. "
30. In article 48, paragraph a) shall read as follows: ") has set in motion the criminal proceedings, issued preventive arrest mandate has ordered the sending of provisional times in judgment or put the conclusions as Prosecutor in court;"
31. Article 49 will have the following residential designation: "the incompatibility of the Prosecutor's Office, criminal investigation, the Assistant magistrate and Registrar" 32. In article 49, paragraphs 1-3 shall read as follows: Art. 49.-the provisions of articles. 46 apply to the Prosecutor and magistrate Assistant or, where applicable, to the Registrar of the meeting, when the cause of incompatibility exists between them, or between any of them and one of the Panel members.
Provisions concerning cases of incompatibility. 48 lit. b)-(d)) shall apply to the Prosecutor, the person carrying out the prosecution, magistrate and Assistant Registrar of the meeting.
The Prosecutor who put in motion criminal proceedings, issued the arrest warrant or had them in submitting the judgment cannot put the conclusions in the judgment of the case, and Prosecutor who has participated as a judge in the first case the Court is unable to put its conclusions in the judgment in the appeal. "
33. In article 52, paragraphs 1 and 5 shall read as follows: Art. 52.-objection or Abstentions judge, Prosecutor, Registrar or magistrate Assistant shall resolve another completely sitting in secret, without the participation of States that abstain or recuzat.
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Refraining or objection which concerns the whole of the Court should include an indication of the actual case of incompatibility that every judge and superior court adjudicates. This, if you find justified objection, abstention or designate for a court proceedings equal in rank with the Court before which occurred while refraining or no objection. "
34. In article 52, paragraph 5 shall be inserted after paragraph 5 ^ 1 with the following content: "in cases in which defendants are arrested preventively, when the whole Court recuse, superior court jurisdiction to hear and determine the application for objection, before ruling on the objection, with respect to preventive arrest under the conditions provided by law."
35. In article 52, paragraph 6 shall be inserted after paragraph 7 with the following content: "the conclusion that rejected the objection may be appealed only with recourse, within 48 hours from the time of the pronouncement, and the dossier shall be forwarded, without delay, the Court of appeal. The appeal shall judge within 48 hours upon receipt of the dossier, in the Council Chamber, with the participation of the parties. "
36. In article 53, paragraph 1 shall read as follows: Art. 53. In the course of criminal proceedings, the abtinerii or the person making the objection, prosecution or of the Prosecutor shall rule the prosecutor supervising the prosecution or hierarchically superior prosecutor. "
37. In article 56, paragraph 4 shall read as follows: "the application made by the Attorney general's Office of the Supreme Court of Justice to suspend the prosecution of the case law."
38. In article 63, paragraph 2 shall read as follows: "Samples have no value before fixed. Assessment of each sample is made by the prosecution or the Court, after examining all the evidence, for the purpose of their truth. "
39. In article 64, paragraph 2 shall be inserted as follows: "means for the sample obtained illegally cannot be used in criminal proceedings."
40. In article 66, paragraph 1 and residential designation will read as follows: "the right to prove lack of rationality of evidence Art. 66.-Invinuitul or the defendant enjoys the presumption of innocence and is not required to prove innocence. "
41. In article 70, paragraphs 2 and 3 shall read as follows: "the accused or defendant shall be then notify the deed covered the case, the right to have an advocate, as well as the right not to make any statement, luring him at attention as you declare can be used against him. If invinuitul or defendant be given a statement, put in sight to declare all he knows about the deed and to argue what i make in this connection.
If the suspect consents to invinuitul or give a statement, prosecution, before listening to him, asks him to give a personal written statement, concerning the notification of what i make. "
42. In article 73, paragraph 1 shall read as follows: Art. 73. the defendant or the defendant's statements-shall be recorded in writing. Each statement will be made at the time of commencement and conclusion of examination of the accused or defendant. Its written statement reads, and if required, i get to read it. When agrees with its content, a sign on every page and at the end. "
43. Article 74 shall read as follows: "hearing the accused or the accused at the place where the Art. 74.-whenever invinuitul or the defendant is found unable to present themselves to be listened to, prosecution or court shall proceed to hearing it on the place where it is situated, except in cases where the law provides otherwise. "
44. In article 76, paragraph 2 shall read as follows: "before the injured person's listening, i put that can participate in the process as the aggrieved party, and suffered a damage material or moral harm, one ca can constitute civil party. Also, i draw attention to the Declaration of participation in the process as the aggrieved party or the Constitution as civil party can be done throughout the criminal proceedings, and in front of the first instance court, until reading the Act of notification. "
45. are inserted after article 86 articles 86-86 ^ ^ 1 with the following content: "the protection of the witness's identification data Art. 86 ^ 1. -If there is evidence or reasonable indications that the Declaration of identity of the witness or of his home residence times would have threatened the life, bodily integrity or his freedom or to another person, the witness may be incuviinta not to report these data, assigning to another ID under to appear before the judicial organ.
This measure may be ordered by the Prosecutor during criminal prosecution, and the Court during the worldwide judgment, at the reasoned request of the Prosecutor, the witness or other person entitled.
Data about the true identity of the witness shall be recorded in the minutes, which shall be kept at the headquarters of the Prosecutor who has carried out or supervised the prosecution of the times, as appropriate, on the premises of the Court, in a special place, in sealed envelope, in conditions of maximum security. The minutes will be signed by the one who has submitted the request, and the one that ordered the measure.
Documents relating to the identity of the witness will be presented to the Prosecutor or, where appropriate, the Commission, under conditions of strict confidentiality.
In all cases, documents relating to the identity of the witness will be introduced into the criminal law only after the Prosecutor, by order or, as the case may be, the Court, by way of conclusion, he found that the danger has disappeared, which has led to the taking of measures for the protection of the witness.
Witness statements which have been assigned to another identity, appear in the summary record of the Prosecutor under art. 86. ^ 5, and the witness's statement, recorded during the worldwide judgment and signed by the Prosecutor who was present at the hearing of the witness and of the presiding court, under art. 86. ^ 6, I, can serve the truth only insofar as they are in conjunction with the facts and circumstances resulting from the existing evidence in the case.

Can be interviewed as witnesses to whom it has been assigned a different identity and undercover investigators.
The provisions laid down in paragraph 1. 1 to 6 shall also apply to experts.
Special ways of listening to witness Art. 86 ^ 2. -In the cases referred to in article 1. 86 ^ 1, if there are appropriate technical means, Attorney or, where appropriate, the Court may permit the witness to be heard without being physically present at the place where the prosecution or in the Hall Court, through technical means provided for in the following paragraphs.
Taking the witness declaration, in circumstances referred to in paragraph 1. 1, is made in the presence of the Prosecutor.
The witness can be heard through a television networks with image and voice distorted so as to not be recognized.
The statement of the witness heard under the conditions referred to in paragraph 1. 1 and 2, shall be recorded by video and audio technical means and is written entirely in the form of play.
During criminal prosecution, it shall draw up a report in which they play the exact statement of the witness and it shall be signed by the Prosecutor who was present at the hearing of the witness and of the prosecution and the case folder. Witness statement, transcribed, will be signed and it will be preserved in the file lodged with the parquet floors in a particular place, in sealed envelope, in conditions of maximum security.
During the worldwide judgment, witness statement will be signed by the Prosecutor who was present at the hearing of the witness and of the presiding court. Witness statement, transcribed, and will be signed by the witness, being maintained in the file submitted to the Court, under the conditions laid down in paragraph 1. 5. video and audio Tapes on which was recorded the statement of the witness in the original, sealed with the seal of the public prosecutor's Office or, where appropriate, of the Court before which the statement was made, the conditions laid down in paragraph 1. 5. video and audio Tapes recorded in the course of criminal proceedings shall be submitted at the completion of the criminal proceedings the competent body, together with the file of the case, and will be kept in the same conditions.
The provisions of article 78, 85 and of art. 86 para. 1 and 2 shall apply accordingly.
Checks means listening to witnesses Art. 86 ^ 3. -The Court may allow, at the request of the Prosecutor, of the parties or ex officio, conduct technical expertise concerning the means by which witnesses have been interviewed, as stipulated in art. 86 ^ 2.
Hearing witnesses aged under 16 in certain causes Art. 86 ^ 4. -In cases concerning crimes of violence between members of the same family, the Court may order that the witness under 16 years may not be heard in court, it is a presentation being admitted-hearings conducted in advance, through audio recordings, under art. 86. ^ 2, 4, 5 and 7.
The analysis of the witness protection Art. 86 ^ 5. -The Prosecutor who conducts or supervises the criminal investigation times, where appropriate, the Court may order that the police to oversee the domicile or residence of the witness or to provide them a temporary residence under surveillance, as well as to accompany him to the prosecution or the Court and back at home or at the residence.
The measures provided for in paragraph 1. 1 will be raised by the Prosecutor or, where appropriate, the Court, when it finds that the danger which required taking ceased. "
46. According to article 89 article 89 is inserted: ^ 1 with the following content: "Art. 89 ^ 1. -Forms in the record any statement during prosecution, will be recorded beforehand and inseriate as special forms, and after completion will be placed in the file of the case. "
47. Section V ^ 1 of chapter II of title III of the general part shall read as follows: "section V ^ 1 Interceptions and audio or video records the conditions and cases of interception and recording of conversations or communications Art. 91 ^ 1. -Interceptions and recordings on magnetic tape or any other kind of support call times communications will be carried out with the authorization of the Court, at the request of the Prosecutor, in the cases and under the conditions provided by law, if there are reasonable indications concerning data or preparing or committing an offence for which prosecution is carried out ex officio, and intercepting and recording to finding out the truth. Authorization is given by the President of the Court to which it would return its jurisdiction competence in the first Chamber of the Court in the Council. Interception and recording of conversations to finding out the truth, when establishing the situation of fact or identifying the perpetrator cannot be achieved on the basis of other evidence.
Interception and recording of conversations or communications may be authorised in the case of offences against national security laid down in the penal code and other laws, and in the case of offences of drug trafficking, weapons smuggling, human trafficking, terrorism, money laundering, counterfeiting or money, offences provided for by law No. 78/2000 for the prevention, discovery and sanctioning of corruption or other serious crimes that cannot be found or whose offenders may not be identified by other means or in the case of offences which are do by means of telephone communication or other means of telecommunication.
Authorisation is given for the period necessary to complete the registration, up to a maximum of 30 days.
The authorization may be extended under the same conditions, for duly justified reasons, each extension may not exceed 30 days. The maximum duration of authorised records is 4 months.
The measures ordered by the Court will be removed before the expiry of which they have been authorized, once they have ceased the reasons they have demonstrated.
The records referred to in paragraph 1. 1 can be made at the reasoned request of the injured person regarding communications addressed to him, with the authorization of the Court.
Interceptarii authorization and registration of conversations or communications shall be made by reasoned conclusion, which will contain: concrete facts and clues which justify the measure; the reasons for that measure their truth is indispensable; person, place or means of communications subject to surveillance; the period for which they are authorized interception and recording.
The bodies carrying out the interception and recording Art. 91 ^ 2. The Prosecutor shall carry out interceptions and personal records. 91 1 or may order them to be conducted by the criminal investigation. People who are called to give technical interception and contest registrations are bound to secrecy of the operation carried out, violation of this obligation being punished according to the criminal code.
In case of emergency, when the delay to obtain the authorisation referred to in article 1. 91 ^ 1 para. 1 would bring serious damage to the business of tracking, the Prosecutor may order, on an interim basis, by reasoned order, intercepting and recording on magnetic tape or any other type of support calls or communications, giving this Court immediately, but not later than 24 hours.
The Court must rule within 24 hours upon Ordinance of the Prosecutor and, if they confirm it and it is necessary, it has the authorisation of interceptarii and registration, pursuant to article. 91 ^ 1 para. 1-3. If the Court does not confirm the order of the Prosecutor, it must stop immediately, the interceptarilor and the records and the destruction of those effected.
The Court has, until the completion of the criminal investigation, bringing to the notice, in writing, persons whose conversations or communications were intercepted and recorded, the dates on which they were made.
Certification records Art. 91 ^ 3. -About interceptarilor and records referred to in article 1. 91 and 91 ^ ^ 1 2, Prosecutor or criminal investigation body shall draw up a report stating the date of authorization of the Court to carry out their work, and the number or numbers of telephone stations which have worn the names of those conversations, they have worn, if known, the date and time of each call and the number of magnetic tape or any other type of support for which you want to print.
Recorded conversations are played entirely in written form and shall be attached to the procesulverbal, with the certification of authenticity by the body for criminal investigation, verified and countersigned by the Prosecutor who conducts or supervises the prosecution in the case. Where the Prosecutor shall provide the hooks and records, certification for authenticity is made by it, and checking and countersignature by the hierarchically superior prosecutor. Counterparts in other languages than the Romanian language are transcribed into Romanian, through an interpreter. The report shall be attached to magnetic tape or any other type of medium which contains a call record, sealed with the seal of the prosecution.
Magnetic tape or any other kind of support call recording, playback and written minutes shall be submitted to the Court, after listening to the Attorney and the parties, decide which of the information collected and research interest in resolving the case, concluding a protocol in this regard. Unlike the notification or communication containing State secrets or business not stated in the minutes. If committing crimes takes place through conversations or communications that contain State secrets, the recording is done in minutes, and the provisions of article 4. 97 para. 3 shall apply accordingly.

Magnetic tape or any other type of support, accompanied by full transcript and copies of the minutes shall be kept at the registry of the Court, in special places, in sealed envelope.
The Court may approve, on a reasoned request of the accused, the civil party or their attorney, consulting parties in the recording and transcript, from full to the registry, which are not recorded in the minutes.
The Court has records that by concluding the destruction were not used as sample. Other records will be kept until the archiving folder.
Recording conversations between the lawyer and litigant cannot be used as a sample.
Other Art records. 91 ^ 4. -Conditions and procedures for making interceptarilor and records referred to in article 1. 91-93 ^ 1 ^ 3 shall apply, as appropriate, and in the case of registration of talks conducted by other means of telecommunication which are authorized in accordance with the law.
Records of Art images. 91 ^ 5. -Article 91 and 91 ^ ^ 1 2 apply correspondingly in case of registration of images, and the certification procedure is the one set out in art. 91 ^ 3, except in playback is written form, as appropriate.
Checking means of sample Art. 91 ^ 6. -The means of the sample referred to in this section may be subject to technical expertise at the request of the Prosecutor, of the parties or ex officio.
The records covered by this section, presented by the parties, may serve as a means of sample, where they are not prohibited by law. "
48. In article 97, paragraphs 1 and 3 shall read as follows: Art. 97.-any person physical or legal person, the possession of which lies an object or writing that can serve as a sample, is required to submit it and get it surrender, under the evidence, making organ of the prosecution or the Court, upon application.
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If the object or the entry is secret or confidential, presentation times teaching is done in a way to ensure the secrecy of confidentiality. "
49. In article 98, paragraph 1 shall read as follows: Art. 98. The Court, upon the proposal of the Prosecutor during criminal prosecution, or of its own motion during worldwide judgment, may provide that any establishment or for transport to withhold and turn over the letters, Word and any other correspondence, or objects sent by the defendant, or supposedly addressed its, either directly or indirectly. "
50. In article 98, paragraph 1 shall be inserted after paragraphs 1 ^ 1 ^ 1 and 2 with the following content: "the measure provided for in paragraph 1. 1 ordering if the conditions are met as indicated in art. 91 ^ 1 para. 1 and according to the procedure set out there.
Apprehension and handing out letters, telegrams and any other corresponding times objects to which paragraph 1 relates. 1 can be arranged in writing, in urgent cases and substantiated and Prosecutor, which is obliged to immediately inform about this Court. "
51. Articles 100 and 101 will read as follows: "Search Art. 100. domiciliara-search that can be or.
When the person to whom it has been asked to hand over any object or some of those enrolled as indicated in art. 98 denieth their existence or possession, as well as whenever there are reasonable indications that a search is required for discovery and the taking of evidence, the Court, at the request of the Prosecutor, in the course of criminal proceedings, or on its own initiative, during worldwide judgment, may order, in writing, with reasons, making it.
In urgent cases and substantiated during the criminal investigation, and the Prosecutor may order, in writing and reasoned, detainment, being obliged to inform immediately about this Court.
Searches can only be ordered once it's begun prosecuting criminal offences, except for blatant and wherever the law provides otherwise.
Searches cannot be ordered prior to the commencement of criminal prosecution except with consent of the person concerned.
Domiciliara searches during the criminal proceedings Art. 101.-during the search that ordered the prosecution, under art. 100 shall be performed by the Prosecutor or by the criminal investigation, accompanied, where appropriate, with workers. "
52. Article 103 shall read as follows: "time to perform search Art. 103.-erection of objects and documents, and search domiciliara you can make from 6,00-20,00, whilst in the other hours only in the event of a flagrant offence or when searches are to be carried out in a local audience. The search started from 6,00-20,00 goes on and during the night. "
53. In article 104, paragraphs 1 and 3 shall read as follows: Art. 104. the judicial body to conduct the search is bound, in advance, to legitimize and, in the cases provided by law, to submit the authorization date of the Court or, where appropriate, the Prosecutor.
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These operations shall be carried out by the judiciary in the presence of witnesses. "
54. In article 111, residential, introductory part name and the letter a) shall read as follows: "special provisions for public establishments and other legal entities Art. 111.-the provisions of this section apply correspondingly and procedural acts when they are effected at an establishment of the art to which it pertains. 145 of the penal code or other statutory provisions, which shall be completed as follows: (a) judicial body) identify themselves and, where appropriate, the establishment or the representative of the public shows of another legal person authorization date; "
  

55. Article 120, paragraph 5 shall be repealed.
56. In article 128, paragraph 1 shall read as follows: Art. 128.-When one party or another person to be answered do not know Romanian language cannot express times, the organ of the prosecution or the Court assures them free use of an interpreter. The interpreter may be appointed or elected by the parties; in the latter case, he must be an interpreter, according to the law. "
57. Article 136 shall read as follows: "the purpose and categories of preventive measures Art. 136.-in cases related to offences punishable by life imprisonment or by imprisonment on, in order to ensure the smooth operation of penal times in order to prevent circumvention of the accused or the accused at the criminal proceedings, the judgment or the execution of punishment, may be taken against it one of the following preventive measures: a) detention;
  

(b) the obligation not to) leave the locality;
  

c) compelling to not leave the country;
  

d) imprisonment.
  

The aim of preventive measures can be achieved also by provisional release under judicial control or on bail.
The measure provided for in paragraph 1. and (b). a) may be taken by the criminal investigation or the Prosecutor.
The measures provided for in paragraph 1. and (b). b) and (c)) may be taken by the Prosecutor, during the criminal investigation, or by the Court, in the course of worldwide judgment.
The measure provided for in paragraph 1. and (b). d) may be taken by the Court and, in the cases provided by law, and the Prosecutor, as a provisional measure in the course of criminal proceedings.
The measure of pre-trial detention may not be ordered in the case of offences for which the law provides for the punishment of a fine alternative.
Provisional release shall be ordered by the Court.
The choice of the measure to be taken shall be made taking into account the purpose of the degree of danger of the crime, health, age, history, and other circumstances relating to the person against whom the measure is taken. "
58. In article 137 (2) ^ 1, shall read as follows: "When ordering the preventive arrest of the accused or the defendant, the Court or, as the case may be, the Attorney încunoştinţează about measure taken, within 24 hours, a family member or another person you designate invinuitul or the defendant, the flow-it is in minutes."
59. In article 137, paragraph 1 ^ 2 is inserted after paragraph 3 with the following content: "the detained may be wax încunoştinţat about measure taken by a member of the family or one of the persons referred to in paragraph 1. 2. any person detained So request, and încunoştinţarea shall be recorded in the minutes. Exceptionally, if the criminal investigation body considers that this would affect the prosecution shall inform the public prosecutor, who will decide on the notice required to remember. "
60. Article 138 shall read as follows: "to refer to the Prosecutor for taking preventive measures Art. 138.-If the criminal investigation body deems it appropriate to take one of the measures referred to in article 1. 136 para. and (b). b)-d), submit a report in this regard motivated Prosecutor.
In the case of the measures referred to in article 1. 136 para. and (b). b) and (c)), the Prosecutor is obliged to rule within 24 hours.
In the case of the measure referred to in article 1. 136 para. and (b). d), Attorney, if it considers that the conditions laid down are met, shall, as appropriate, in accordance with art. 146 or 148 ^ 1. "
61. In article 139, paragraph 3 shall read as follows: "where the preventive measure was taken in the course of criminal proceedings, the Court or the public prosecutor, the criminal investigation body has the obligation to immediately inform him on the public prosecutor about the change or termination grounds which have motivated the taking of preventive measure."
62. In article 139, paragraph 3 shall be inserted after paragraphs 3 ^ 3 ^ 1-5 reads: "When a preventive measure has been taken in the course of criminal proceedings, the public prosecutor or the Court, the Prosecutor, if it considers that the information received from the criminal investigation body shall justify replacing or revoking the measure, has this fold, where appropriate, refer the matter to the Court.

The Prosecutor is obliged to bring proceedings in the Court, ex officio and to replace or revoke the preventive measure taken by it, when he finds that there is no basis which justified taking the measure.
Preventive measure shall cancel ex officio and when it was taken in contravention of legal provisions, dispunandu, in the case of arrest and pre-trial detention, release immediately to the defendant or the defendant's freedom if not arrested in another case.
Also, if the Court finds, on the basis of forensic expertise, as the pre-trial suffers from a disease that makes it unable to endure detention regime, has, upon request or ex officio, revoke the measure of pre-trial detention, both where she took this measure, and in the case of provisional detention ordered by the public prosecutor.
The measure of pre-trial detention may be replaced by one of the measures provided for in article 4. 136 para. and (b). b) and (c)). "
63. Article 140, paragraphs 2 and 3 shall read as follows: "the measure of preventive arrest is terminated by operation of law and when, before pronouncing a judgment of conviction in first instance court, the length of detention has reached half the maximum penalty prescribed by law for the offence that is the subject of invinurii, without being able to overcome, during the criminal investigation, the highs. 159 paragraph 1. 13, and in other cases specifically provided by law.
In the cases referred to in paragraph 1. 1 and 2, the Court, ex officio or upon referral to the Prosecutor, or the Prosecutor in the case of provisional arrest or pre-trial detention, ex officio or following the information of the criminal investigation body, has the obligation to dispose of immediately putting the freedom of the person detained or arrested, and the administration of the place of detention shall be a copy of the Ordinance or a device or extract containing the following : the data necessary for the identification of the accused or defendant, his arrest number, number and date of the Ordinance, the conclusion or judgment which ordered the release, as well as the legal basis of liberation. "
64. Article 140 ^ 1 shall read as follows: "the complaint against the order of the criminal investigation or the Prosecutor concerning the measure of arrest Art. 140 ^ 1. -Against the order of the criminal investigation which has taken the measure of preventive arrest may make a complaint before the expiry of 24 hours from taking the measure, the Prosecutor who oversees prosecution, and against the order of the Prosecutor took this measure may make a complaint before the expiration of 24 hours, at the forefront of the public prosecutor or Attorney, as the case may at the hierarchically superior prosecutor, pursuant to article. 278 paragraph 1. 1 and 2.
Prosecutor rule by Ordinance before the expiry of 24 hours from taking the measure of apprehension.
When considering apprehension as a measure is illegal or is not justified, the Prosecutor has revoked them. "
65. After article 140 ^ 1 are inserted in articles 139 and 140 ^ 2 ^ 3 with the following content: "the complaint against the order of the Prosecutor regarding the preventive measures referred to in article 1. 136 lit. b) and (c)) Art. 140 ^ 2. -Against the Ordinance the Attorney ordering the taking of the measure obliging not to leave the locality borders to measure times to not leave the country, invinuitul, or the defendant may make the complaint within three days of taking the action, the Court to which it would return its jurisdiction jurisdiction in the first instance.
The complaint will be resolved in the Council Chamber.
The attendance of the accused or defendant is mandatory. Failure does not prevent the prosecution of the complaint.
Participation of the Prosecutor in trials in the complaint.
The dossier will be submitted to the Court within 24 hours, and the complaint is settled within three days.
The Court ruled on the same day, through closing.
When considered as a preventive measure is illegal or is not justified, the Court has revoked them.
The complaint accused or indicted person against the order of the Prosecutor, which ordered the taking of preventive measure is not suspensive.
The dossier shall be returned to the Prosecutor within 24 hours after the resolution of the complaint.
The appeal against the conclusion of the Court during criminal proceedings concerning the preventive arrest Art. 140 ^ 3. -Against the conclusion of the Court, ordering, during criminal proceedings, taking the measure of preventive arrest of the accused or the defendant, as well as ordering the closure of the revocation, termination or replacement, maintenance of pre-trial detention, the Prosecutor or the defendant and invinuitul may appeal to the higher court within 24 hours of delivery, for those present, and communication for those who lack.
The appeal will be resolved in the Council Chamber.
Invinuitul or the defendant arrested will be brought to the Court and will be heard in the presence of the Defender. Where it was hospitalized due to health status cannot be brought before the Court or in other cases where displacement is not possible, the appeal will be examined in the absence of the defendant, but only this protector, to whom is given the word to put conclusions.
Participation of the Prosecutor in the judgment the appeal is mandatory.
The dossier will be forwarded to the Court of appeal within 24 hours, and the appeal shall decide within 48 hours of their arrest, the defendant in the case, and within 3 days, if the defendant's arrest.
The Court ruled on the same day, through closing.
When considered as a preventive measure is illegal or is not justified, the Court has revoked her and as soon as the liberty of the accused or the defendant, if he is not arrested in another case.
The appeal of the accused or the defendant against the conclusion that ordered the taking of preventive measure is not suspensive.
The dossier shall be returned to the Court whose dismissal has been appealed within 24 hours after the resolution of the appeal. "
66. Article 141 shall read as follows: "the appeal against the conclusion of the Court in the course of worldwide judgment concerning precautionary measures Art. 141. the first date-the conclusion of the Court and in the appeal, ordering the making, revoking, replacing, termination or maintaining a preventive measure or which are found the termination of pre-trial detention may be appealed separately appeal, Prosecutor or defendant. The time limit for appeal is 24 hours and run from the pronouncement, for those present, and from those who lack communication.
The dossier will be forwarded to the Court of appeal within 24 hours, and the appeal shall judge in 3 days. The Court of appeal will refund the first instance folder within 24 hours after the resolution of the appeal.
The appeal against the conclusion by which it was ordered to be taken or a preventive measure or it has been established that the termination of the pre-trial detention is not suspended. "
67. In article 143, paragraph 1 shall read as follows: Art. 143.-the measure of apprehension can be taken by the criminal investigation against supposedly, if evidence or clues even as he committed a criminal offence prescribed by the law. The criminal investigation is bound to încunoştinţeze him immediately on the public prosecutor with regard to taking the measure of apprehension. "
68. In article 143, paragraph 1 shall be inserted after paragraphs 1 ^ 1 ^ 1 and 2 with the following content: "the criminal investigation will bring to the attention of the defendant as entitled to and engage a defender. I also bring to the attention of that has the right to make any statement, attracting the attention of what you declare can be used against him.
The measure may be taken and the apprehension of the Prosecutor under the conditions of paragraph 1. 1 and 1 ^ 1, in which case încunoştinţat is the leader of the prosecution. "
69. Article 144, paragraphs 1 and 3 shall read as follows: "the measure of apprehension may last for no more than 24 hours. Duration of the measure of detaining the time the person was deprived of liberty as a result of the administrative measure of leadership at police headquarters, referred to in art. 31 para. and (b). b) of law No. 218/2002 concerning the organisation and functioning of the Romanian Police.
..
When criminal investigation organ deems it necessary to take the measure of preventive arrest, submit to the Prosecutor during the first 10 hours of the detention of the accused, together with încunoştinţarea the article. 143 para. 1 a reasoned report. The Prosecutor, if it considers that the conditions laid down are met Bill for taking the measure of preventive arrest, shall proceed, within the time limit laid down in paragraph 1. 1, according to art. 146.70 ". Article 144, paragraph 3 shall be inserted after paragraph 4 with the following content: "When the measure is taken by the Prosecutor's arrest, if he deems it necessary to take the measure of preventive arrest, shall proceed, within 10 hours of taking the measure of detaining, under art. 146. ' 71. In article 145, paragraphs 1 and 2 shall read as follows: Art. 145.-Measure obliging not to leave the locality consists of the duty imposed on the defendant or the defendant's Attorney, in the course of the prosecution, the Court, in the course of worldwide judgment, not to leave the town where he lives, without the consent of the body which ordered the measure. The measure may be taken only if the conditions are met. 143 para. 1.

During criminal prosecution, the duration of the measure specified in paragraph 1. 1 may not exceed 30 days, unless it is extended, in accordance with the law. Measure obliging not to leave the locality may be extended in the course of criminal proceedings, in the case of necessity and only motivated. Extension of the Court to which it would return its jurisdiction jurisdiction as to the merits, each extension may not exceed 30 days. The provisions of article 159 paragraph 1. 7-9 and 13 shall apply accordingly. "
72. In article 145, paragraph 2 shall be inserted after paragraph 2 ^ 1 with the following content: "a copy of the Ordinance of the Prosecutor or, where appropriate, the conclusion of the Court, shall be communicated to the defendant, or the defendant Police Department respectively in whose territorial RADIUS invinuitul or defendant resides."
73. After article 145 of section III of chapter I of title IV of the General, enter the section III ^ 1, hereinafter "the obligation not to leave the country", namely article 145 ^ 1 with the following content: "SECTION III ^ 1 Order to leave the country not compelling to not leave the country Art. 145 ^ 1. -Measure obliging to not leave the country lies in the obligation imposed on the defendant or the accused, the Prosecutor, during the criminal investigation, or by the Court in the course of worldwide judgment, not to leave the country without the consent of the body which ordered the measure.
The provisions of article 145 shall apply accordingly if the measure obliging not to leave the country.
A copy of the Ordinance of the Prosecutor or, where appropriate, the conclusion of the Court is final, shall, where appropriate, the accused or the defendant and Police Department in whose territory he resides, the competent authorities to issue the Passport, as well as cross-border enforcement. Law enforcement agencies deny issuance of passport or, where appropriate, lift your Passport for the duration of the provisional measure. "
146. Article 74 shall read as follows: "the arrest of the accused in the course of criminal proceedings Art. 146.-If the conditions are met. 143 and there was evidence which shows any of the cases referred to in article 1. 148, the Prosecutor, ex officio or upon referral of the criminal investigation, when considered in the interests of the prosecution is necessary to arrest the defendant, after hearing its only in the presence of the defender chosen or when being notified of it, cannot be present, the one appointed ex officio, shall, by reasoned order, provisional preventive custody thereof, showing the grounds which justify the measure and setting the duration of provisional arrest which may not exceed three days.
At the same time, the Prosecutor shall issue a provisional arrest warrant accused the preventive. The terms of reference shall include, as appropriate, the indications referred to in article 1. 151 paragraph 1. 3 (a). the-c)), e) and (j)), and the name and surname of the accused and the duration for which the ordered his arrest.
If invinuitul was in a State of apprehension, those 3 days is calculated from the date of issuance of the mandate.
Within 24 hours of the issuance of the mandate of the provisional preventive arrest, the Prosecutor presents the dossier of the case to the Court to which it would return its jurisdiction jurisdiction as to the merits or the Court in whose district lies the place of detention, with a reasoned proposal of making preventive arrest of the accused/measure if there are grounds which would justify such a measure.
After presentation by the Prosecutor, the President of the Court or the judge delegated by him shall fix the day and time to settle the preventive arrest proposal, prior to the expiry of a provisional arrest warrant issued by the Prosecutor's pre-trial, which he communicated to the defender chosen or ex officio and the Prosecutor, the latter being obliged to ensure the presence of the accused before the Court has provisionally arrested.
Proposal of preventive arrest is decide by the Council Chamber by a single judge.
Invinuitul is brought to the Court and will be assisted by a defender.
The provisions of article 149 ^. 8 and of article 23. 150 shall apply accordingly.
The Prosecutor's participation is mandatory.
After hearing the accused, the Court rejects the proposal to admit or preventive arrest, on the same day, by a reasoned conclusion.
If you are satisfied the conditions laid down in paragraph 1. 1, the Court has, by closing, the preventive arrest of the accused, before the expiry of the provisional detention ordered by the public prosecutor, showing in concrete terms the grounds which justify the measure of preventive arrest and dropping its duration, which shall not exceed 10 days.
At the same time, the Court, admitting to it, the issue of emergency, mandate of arrest of the accused. Its mandate includes properly the particulars referred to in article 1. 151 paragraph 1. 3 (a). the-c)), e) and (j)), and the name and surname of the accused and the duration for which imprisonment is ordered.
The provisions of article 152 paragraph 1. 1 shall apply accordingly.
Against the closure of the Court may appeal within 24 hours of delivery, for those present, and from those who lack communication. "
75. In article 148, paragraph 1, points b) and e) will read as follows: "(b)) the offence is flagrant, and prison punishment provided by law is more than a year, and. ..

e) has committed the defendant again an offence or from existing data follows the necessity of preventing the Commission of another offence; "
  

76. In article 148, paragraph 1, letter g) is repealed.
77. In article 148, paragraph 1, letter h) shall read as follows: "h) the defendant has committed an offence for which the law provides for the punishment of life imprisonment on alternating with jail or jail more than 4 years, and there is clear evidence that leaving the freedom to present a concrete danger for public order;"
78. In article 148, paragraph 1 after the letter h) Insert the letter i) with the following content: "i) there are sufficient clues or justify the fear that the defendant will exert pressure on the person injured or that a deal will be fraudulent."
79. In article 148, paragraph 2 shall read as follows: ' in the cases referred to in paragraph 1. and (b). c)-(f)) and i), the measure of arrest the accused may be taken only if the punishment prescribed by law is imprisonment or life imprisonment exceeding two years. "
80. In article 149, paragraph 1 shall read as follows: Art. 149.-duration of detention in custody the accused may not exceed 30 days, unless it is extended or maintained in accordance with the law. The time-limit shall run from the date on which the mandate, when the arrest was ordered after hearing the defendant, and in the case when the arrest has been ordered in the absence of the defendant, the time-limit shall run from the date of the execution of the arrest warrant. "
81. Article 149, paragraph 3 shall be repealed.
82. According to article 149 shall be inserted in article 149 ^ 1 with the following content: "the arrest of the accused in the course of criminal proceedings Art. 149 ^ 1. -The Prosecutor ex officio or upon referral of the criminal investigation, if the conditions are met. 143 and there is one of the cases referred to in article 1. 148, when considered in the interests of the prosecution is necessary to arrest the defendant, after hearing its only this defender chosen or when being notified of it, cannot be present, the one appointed ex officio, shall, by reasoned order, provisional preventive custody thereof, showing the grounds which justify the measure and setting the duration of provisional detention, which may not exceed three days.
At the same time the Prosecutor issuing the arrest warrant of the accused's provisional preventive. The terms of reference shall include, as appropriate, the indications referred to in article 1. 151 paragraph 1. 3 (a). the-c)), e) and (j)), and the name and surname of the accused and the duration for which the ordered his arrest.
If invinuitul was in a State of detention, three days shall be calculated from the date of issuance of the mandate.
Within 24 hours of the issuance of the mandate of the provisional preventive arrest, the Prosecutor presents the dossier of the case to the Court to which it would return its jurisdiction jurisdiction as to the merits or the Court in whose district lies the place of detention, with a reasoned proposal of the pre-trial detention measure of the defendant, if there are grounds which would justify such a measure.
On the occasion of the presentation of the dossier by the Prosecutor, the President of the Court or the judge delegated by him shall fix the day and time to settle the preventive arrest proposal, prior to the expiry of a provisional arrest warrant issued by the Prosecutor's pre-trial, which he communicated to the Prosecutor and defender chosen, the latter being obliged to ensure the presence of the accused before the Court provisionally arrested.
Proposal of preventive arrest is decide by the Council Chamber by a single judge.
The defendant is brought before the Court and will be assisted by a defender.
Where the defendant was in a State of apprehension or arrest under art. 146 due to health status or because of force majeure or necessity cannot be brought before the Court, the proposal warrant will be examined in the absence of the defendant, in this protector, to whom is given the word to formulate conclusions.
The provisions of article 150 shall apply accordingly.
The Prosecutor's participation is mandatory.
Court admits or rejects the proposal of preventive arrest, on the same day, by a reasoned conclusion.
Where the conditions laid down are met in para. 1, the Court has, by closing, the preventive arrest of the accused, before the expiry of the provisional detention ordered by the public prosecutor, indicating the grounds for the arrest justify measure and dropping its duration, which shall not exceed 30 days.

The arrest of the accused cannot be ordered except for days that remained after deduction of 30 days in the period in which it was previously detained or arrested. The preventive arrest of the accused before the expiry of the arrest of the accused.
The provisions of article 146 paragraph 1. 12 and 13 shall apply accordingly.
Against conclusion can appeal, within 24 hours of delivery.
If the invinuitul in the execution of a provisional arrest warrant issued by the Prosecutor or the execution of an arrest warrant issued by the pre-trial court gets indicted, court prosecutor proposes replacing the measure of arrest of the accused with the measure of arrest the defendant for the days that remained after deduction of 30 days in the period in which it was previously detained or arrested. "
83. Article 150 shall read as follows: "hearing the defendant Art. 150.-Measure of arrest the accused may be taken only after hearing the public prosecutor or the Court, unless the defendant is gone, abroad times balk at tracking or judging times lies in one of the situations referred to in article 1. 149 ^. 8. Where the defendant is gone, abroad times balk at tracking or judgment, when the mandate was issued without hearing the defendant, it will be heard immediately after it was caught or presented. "
84. Article 152, paragraph 4 shall read as follows: "when the arrest warrant was issued by a Prosecutor, it mentions the date the writ the defendant and proceed immediately to his hearing, after which has, by a reasoned resolution, over the arrest of the defendant. If in the meantime cause came to the Court, the Prosecutor shall send to the Court, and arrested the police arrested will lead to the Court. "
85. In articles 155 and 156 shall read as follows: "the extension of the duration of pre-trial detention during criminal proceedings Art. 155.-the Court ordered the arrest of the accused may be extended, in the course of criminal proceedings, motivated, in case of necessity and only if new items have occurred justifying the deprivation of liberty or if the initial custody require further deprivation of liberty.
In the case referred to in paragraph 1. 1, extend the duration of detention in custody the accused may be ordered by the Court to which it would return its jurisdiction jurisdiction as to the merits or the Court in whose district lies the place of ownership.
The proposal to extend detention ordered in the course of criminal proceedings Art. 156.-extending pre-trial detention provided for in article 4. 155 ordering on the basis of a reasoned proposal of the body carrying out the prosecution.
Proposal of criminal investigation is approved by the Prosecutor who exercises supervision and forwarded by him at least 5 days prior to the expiry of the duration of pre-trial detention, the Court referred to in article 1. 155 para. 2. If the arrest was ordered by a lower court to grant the extension, the proposal shall be submitted to the competent court.
The proposal is attached to the complaint to court. The address may looks and other reasons that justify prolongation of arrest than those contained in the proposal.
When the same cause can be found several defendants arrested for pre-trial detention term expire on different dates, the Prosecutor who referred the matter to the Court for one of the defendants will refer the matter to the Court and the other defendants. "
86. Articles 159 and 160 will read as follows: "the procedure for extension of detention in the course of criminal proceedings Art. 159.-Folder cause will be submitted by the Prosecutor, together with the date of referral to the Court at least five days prior to the expiry of the duration of pre-trial detention and may be consulted by the Defender.
The proposal to extend the detention room shall decide.
The defendant is brought before the Court and will be assisted by a defender.
Where the defendant arrested lies hospitalized due to health status cannot be brought before the Court or in other special cases where displacement is not possible, the proposal will be examined in the absence of the defendant, but only this protector, to whom is given the word to put conclusions.
The Prosecutor's participation is mandatory.
In the event that the Court grant the extension, it will not be able to exceed 30 days.
The Court adjudicates the proposal and rule over the prolongation of preventive detention shall, within 24 hours from the receipt of the dossier, and communicates the close of lack of judgment at the same time.
The conclusion which ruled over the prolongation of pre-trial detention can be appealed with the appeal of the Prosecutor or the accused within 24 hours of delivery, for those present, or for the lack of communication. The appeal shall decide before expiry of pre-trial detention.
The appeal against the conclusion by which it was willing to extend the pre-trial detention is not suspensive.
The defendant is brought to prosecution appeal.
The measure ordered by the Court shall be notified to the administration of the place of detention, which is bound to bring to the attention of the defendant.
If the first instance ruling on the prolongation of preventive detention is not appealed, the Court is obliged to repay the dossier to the Prosecutor within 24 hours after the expiry of the period for appeal.
The Court may grant and other extensions, each cannot exceed 30 days. The provisions of the preceding paragraphs shall apply accordingly. The maximum duration of pre-trial detention during the criminal prosecution is one year. In exceptional cases, when the punishment provided by law is life imprisonment or imprisonment of 10 years times, maximum duration of pre-trial detention is two years old.
The extension of the detention of the defendant after sending in the judgment, to the first appearance of Art. 160.-When the Prosecutor has, by indictment, sending in of the defendant located in custody, shall be forwarded to the competent body not later than 5 days prior to the expiry of the warrant.
The Court, in the Council Chamber, proceed according to art. 1000 ^ 1 and, where considered necessary, prolongs detention until the first appearance, without being able to exceed 30 days. The provisions of article 159 paragraph 1. 3, 4, 5, 7 and 11 shall apply accordingly. "
87. According to article 160 shall be inserted in articles 160-161 ^ ^ d with the following content: "keeping the arrest at first appearance Art. 160 ^.-in cases where the arrest of the accused in the course of criminal proceedings has been extended, under art. 160, the Court, at first appearance, may order the maintenance of pre-trial detention, article. 160 300 ^ ^ c and 2.
The arrest of the accused in the course of worldwide judgment Art. 160 ^ b.-the Court may order, in course of worldwide judgment, by a reasoned conclusion, the preventive arrest of the accused, if the conditions are met. 143 and there is one of the cases provided for by art. 148. During the first worldwide judgment the Court the preventive arrest is taken for a period which cannot exceed 30 days.
The conclusion of the first instance and the Court of appeal can be appealed separately with appeal. The time limit for appeal is 24 hours and run from the pronouncement, for those present, and from those who lack communication. The dossier will be forwarded to the Court of appeal within 24 hours, and the appeal shall judge in 3 days. The appeal against the closure of the willing suspension of arrest is not executing.
When the Court has indicted person, issue an arrest warrant, which will include, as appropriate, the indications referred to in article 1. 151. The defendant who had been previously arrested in the same case, during prosecution or court may order worldwide judgment, again this measure, if new items have occurred which would have required his deprivation of liberty.
The prolongation of pre-trial detention during worldwide judgment Art. 160.-^ c in the course of the first worldwide judgment, Court, where new items appear that make it necessary to extend the privarii of liberty, the Court may order, by a reasoned conclusion, prolong detention for a maximum of 30 days each time, without being able to exceed the limit laid down in article 23. 140 paragraph 1. 2. the provisions of paragraphs 1 and 2. 1 on the extension of pre-trial detention is applicable and where the arrest was ordered during the prosecution and has remained in the background during the worldwide judgment of the case.
Arrest and detention of the accused sentenced extension instance court Art. 160. ^ d-If the defendant was convicted of the first instance court to jail or prison on life, dispunandu-is the arrest decision prolonging detention times at the deadline in accordance with art. 375 para. 1 call for prosecution or the period specified under art. 385 ^ 12(3). 1 for the prosecution of the appeal, the Court of its own motion, check the legality of the arrest and has, by a reasoned conclusion, extension or revocation of the measure.
Where was ordered imprisonment during his trial and appeal, or the appeal, shall apply the provisions of articles properly. 160 ^ b and art. 160 ^ c para. 1. ' 88. After article 160 ^ d in chapter I of title IV of part IV shall be entered in the General section ^ 1, ^ e respectively, articles 160 160 160 ^ ^ f, g and h with 160 ^ reads: SECTION IV "^ 1 special provisions for minors General provisions Art. 160 e ^.-Provisional Detention, arrest and imprisonment of the minor shall be made according to the provisions laid down in sections I, II and IV, with additions and derogations laid down in this section.
Its rights and special arrangements for juveniles

Art. ^ f. 160-Minors detained or arrested preventively ensure, in addition to the rights provided by law for detainees have surpassed what preventive 18 years, and a special regime of preventive detention in relation to the peculiarities of their age so that custodial measures taken against minors, in order to smooth criminal process or to prevent their theft from prosecution judgment or execution of punishment, not to prejudice the development of physical, mental or moral to the minor.
Invinuitilor or juvenile defendants, detained preventively arrested times, ensure in all cases obligatory legal assistance, judicial bodies competent to take measures for the designation of a defender ex officio if the minor has not chosen one and because it can take direct contact with the minor arrested and to communicate with him when ordering the detention or imprisonment of a minor defendant blamed times încunoştinţează about it immediately in the case of withholding tax, and within 24 hours, in the case of arrest, parents, guardian, the person in whose care or supervision the minor, others find they designate it, and in case of arrest, and social reintegration of offenders and the supervision of the execution of non-custodial sanctions from the Court which would return to judge on the first court cause the flow-it is, in a report.
During his detention or pre-trial detention, minors are kept separate from the adult in places specifically intended for minors detained preventively.
Rights and of the special arrangements provided by law for minors detained or arrested preventively is ensured by control of a particular judge designated by the President of the Court, by visiting places of preventive detention by the Prosecutor, as well as by controlling other bodies empowered by law to visit detainees.
Minor apprehension at the disposal of the criminal investigation or the Prosecutor Art. 160 ^ g.-In very exceptional minor between 14 and 16 years of age who may be criminally detained at the disposal of the public prosecutor or criminal investigation organ, with the reminder and under the control of the Prosecutor, for a period which cannot exceed 10 hours, if there are certain dates that the minor has committed an offence punishable by law with imprisonment or life imprisonment of 10 years of age or greater.
Detention may be extended only if it is necessary, by reasoned order, Prosecutor, for a period of not more than 10 hours.
The preventive arrest of minor Art. 160 ^ h.-Minor between 14 and 16 years of age cannot be arrested unless preventive punishment provided by law for the Act that supposedly is imprisonment or life imprisonment of 10 years of age or greater and another preventive measure is not sufficient.
The duration of pre-trial detention the accused minor between 14 and 16 years, in the course of the prosecution or the Court, the first worldwide judgment of not more than 15 days. The extension of this measure in the course of criminal proceedings or of court not in the first worldwide judgment may be ordered only in exceptional cases, each time with a maximum of 15 days. The preventive arrest of the juvenile during criminal proceedings may not exceed a total of 60 days.
The defendant is a minor older than 16 years can be during the pre-trial investigation or the Court in the first worldwide judgment for a period of not more than 20 days. The duration of the preventive measure may be extended in the course of criminal proceedings or during the first worldwide judgment the Court, each time with 20 days. The preventive arrest of the accused minor in the course of criminal proceedings shall not exceed a total of 90 days. Exceptionally, when the punishment provided by law is life imprisonment or imprisonment of 10 years times, preventive arrest of the accused minor in the course of criminal proceedings may be extended up to one year the length of pre-trial detention of the accused minor is not more than 3 days. "
89. Article 160 ^ 1 shall read as follows: "the provisional liberation Art Modalities. 160 ^ 1. -Throughout the criminal process, invinuitul or the defendant may ask the pre-trial release for his provisional release, under judicial control or on bail. "
90. In article 160 ^ 2, paragraphs 1 and 2 shall read as follows: Art. 160 ^ 2. -Provisional release under judicial control may be granted in the case of crimes committed due, as well as in the case of intentional offences for which the law provides for punishment by imprisonment not exceeding 12 years.
Provisional release under judicial control shall not be granted where the defendant is invinuitul or recidivist times when there are data which shows the need to prevent him from working on his other crimes or that it will try to zadarniceasca hearing truth through influencing of witnesses or experts, altering times trial means destruction or other such facts. "
91. According to article 160 articles introduce ^ 2 ^ 160 160 2a and 2b ^ with the following content: "the organ that has provisional article 1. 160 ^ 2a. -Provisional release under judicial control is available, both in the course of criminal proceedings and during the worldwide judgment, court.
The organ that conducts compliance obligations Art. 160 ^ 2b. -Control the way in which invinuitul or defendant commitments set out in the Court of judge delegate returns the execution, as well as the Prosecutor and the police. "
92. In articles 160 and 160 ^ 3 ^ 4 shall read as follows: "the modification or lifting of the judicial control Art. 160 ^ 3. -Judicial review instituted by the Court can always be modified or lifted it, in whole or in part, for good reasons.
Release conditions Art. 160 ^ 4. -Provisional release on bail may be granted by the Court, both in the course of criminal proceedings, and, on request, worldwide judgment when the deposit has been made and are satisfied the conditions laid down in article 23. 160 ^ 2 para. 1 and 2.
During the provisional liberation, invinuitul or the defendant is obliged to submit to the Court's call to communicate any change of domicile or residence and to comply with the obligations laid down in articles 81 and 82. 160 ^ 2 para. 3 that Court them. "
93. Article 160 ^ 5, paragraphs 1, 3 (b)) and paragraph 4 shall read as follows: Art. 160 ^ 5. -Deposit guarantees by the defendant blamed the incumbent during the liberation.

Recording is done in the name of caution the accused or defendant and at the disposal of the Court which established the amount of the bail payment.


b) are found by the Court, through the conclusion, that there is no justifiable grounds for pre-trial detention measure; "
  

94. In article 160 (4) ^ 5, after the letter "e") is inserted in point f) with the following contents: "(f)) the application for provisional release was rejected under art. 160 ^ 8a para. 6. ' 95. Article 160 ^ 6 shall read as follows: "the application of probation and the competent body to solve Art. 160 ^ 6. -Application for provisional release can be made both in the course of criminal proceedings and during the worldwide judgment, the defendant's husband blamed times its closest relatives.
The request must contain the name, surname, place of residence and status of the person who makes it, and the mention of knowledge of the provisions of the law concerning the cases of revocation of provisional release.
In the case of provisional release on bail, the application shall include the obligation of submission of caution and knowledge of the provisions of the law concerning cases of nerestituire of the bail payment.
Solving the application, in the course of criminal proceedings, it is for the Court to which it would return its jurisdiction jurisdiction as to the merits, and in the course of worldwide judgment, the appellate court proceedings.
The application submitted to the criminal investigation, the public prosecutor or to the administration of the place of detention shall, within 24 hours of court. "
96. Articles 7 and 160 160 ^ ^ 8 shall read as follows: "the measures prior to the examination of the application Art. 160 ^ 7. -The Court verify the request of probation shall include the particulars mentioned in article 1. ^ 6 para. 160 2 and 3 and, where appropriate, take measures to complete it. When the application is submitted to the Court before the deadline, those obligations shall be incumbent on the President, who shall give to the person and încunoştinţarea made the request about the term of adjudication of the application.
When the request is made by a person other than the defendant, invinuitul or from those referred to in article 1. ^ 6 para. 160 1, the Court asks him to be indicted or blamed on on if he endorses the demand, and its statement be recorded on request.
The examination and acceptance of the principle of application Art. 160 ^ 8. -The Court shall examine the application of the emergency, by checking if the conditions stipulated by law for admissibility in principle.
In the case of an application for release on bail, if the Court finds that the conditions laid down are met, regulations, establishes the amount of the bail payment and time period in which the securities are to be filed, incunostintand about this person that made the request. After submitting proof of duty to caution the Court recognizes in principle the request and fixed term to resolve them.
If you are not satisfied the conditions laid down by the law and the evidence of duty of caution has not been filed, the application shall be rejected. "
97. According to article 160 shall be inserted in article 8 ^ 160 ^ 8a with the following content: "the resolution of application Art. 160 ^ 8a. -Resolution of the application is made after the hearing of the accused or defendant, the Defender, and the findings of the Prosecutor.
Where it is established that the conditions laid down by law, and the request is justified, the Court acknowledges the request and has provisional release of the accused or defendant.

The Court, in the case of acceptance of the application for provisional release, fixes and the obligations to be complied with by defendant blamed.
The conclusion of the final device copy times an extract thereof shall be sent to the administration of the place of detention and police body in whose territorial RADIUS invinuitul or defendant resides. Interested persons are încunoştinţează.
The administration of the place of detention shall be bound to take measures for implementation as soon as the liberty of the accused or defendant.
In case you are not satisfied the conditions provided by law, when the application is unfounded or when it was made by a different person and was not appropriated by the culprit, blamed or the Court shall reject the application. "
98. Articles 160 and 160 ^ 9 ^ 10 will read as follows: "the appeal against the discharges relating to provisional release Art. 160 ^ 9. -Against the conclusion upheld or rejected the request of probation can appeal by defendant blamed times by the Prosecutor at the Court.
The time limit for appeal is 24 hours and run from the pronouncement, for those present, and from those who lack communication.
The dossier will be forwarded to the Court of appeal within 24 hours.
The appeal shall judge within two days.
The appeal will be resolved in the Council Chamber.
Invinuitul or the defendant is brought to prosecution appeal. The Prosecutor's participation is mandatory.
The Court ruled on the same day on the acceptance or rejection of the appeal.
The appeal against the closure of the rejected request for probation is not suspensive.
The dossier shall be refunded within 24 hours after the resolution of the appeal.
The provisions of the preceding paragraphs shall apply accordingly in the case of amendment or removal of judicial control.
Revocation of release Art. 160 ^ 10. -Provisional release may be revoked if it is found: a) facts or circumstances which were not known at the time of acceptance of the request for probation and which justify the arrest of the accused or the defendant;
  

b) invinuitul or the defendant does not satisfy, in bad faith, the obligations incumbent upon him under art. 160 ^ 2 para. 3 and art. 160. ^ 2 zadarniceasca or trying to finding out the truth of the times (1) again, with intent, an offence for which he is pursued or prosecuted.
  

Revocation of provisional release shall be ordered by the Court, through the closing, with the hearing of the accused or the defendant assisted by Defender. Revocation of ordering and in the absence of the accused or the defendant when he, without reasonable grounds, takes the call.
In the event of revocation of provisional release, the Court has the preventive arrest of the accused or defendant and issue a new arrest warrant.
Against the conclusion of the Court-ordered revocation of provisional release may appeal.
The provisions of article 160 ^ 9 shall apply accordingly. "
99. Article 162, paragraph 1 shall read as follows: Art. 162.-If the Attorney, during criminal proceedings, conclude that the invinuitul or the defendant is situated in one of the situations referred to in article 1. 113 or 114 of the penal code, refer the matter to the Court that, where appropriate, on a provisional basis in decision making, appropriate safety measure. In the course of appropriate safety measure worldwide judgment is ordered, too, on a provisional basis by the Court. "
100. Article 162, paragraph 1 shall be inserted after paragraph 1 ^ 1 with the following content: "the Court has the safety measures provided in paragraph 1. 1 only after hearing the confession of the accused in the present times and protector, and the Prosecutor. "
101. Article 162, paragraph 2 shall read as follows: "the Court shall take measures to comply with the provisional medical hospitalisation and medical competence of the Commission to refer the matter to inform the patient of the mental hospitalization and dangerous addicts."
102. In article 163, paragraph 1 shall read as follows: Art. 163. Precautionary Measures shall be taken-in the course of the criminal trial of the Prosecutor or the Court and are unavailable, by means of a seizure, the movable and immovable property, in order to repair the damage caused by the offence, as well as to guarantee the execution of the fine punishment. "
103. In article 163, paragraph 6 (a)) shall be repealed.
104. In article 164, paragraph 3 shall read as follows: "precautionary Measures ordered by the public prosecutor or the Court can be brought to fruition and through its own organs of execution of unit injured, where it is one of those referred to in article 1. 145 of the penal code. "
105. In article 165, paragraph 7 shall read as follows: "the objects seized shall be kept until the seizure."
106. In article 168, paragraph 1 shall read as follows: Art. 168.-In against the measure taken and of the way in order to bring to fruition, invinuitul or the defendant, the party responsible for civilmente, as well as any other interested person may complain to the Prosecutor or the Court, at any stage of the criminal process. "
107. In article 169, paragraph 1 shall read as follows: Art. 169.-If the Attorney or court find that things at times blamed the culprit, or from any person from whom they received to keep them, are the property of the person injured or have been taken unjustly from the possession or holding sa, return these things to the injured person. Any other person who claims an interest in the things raised may require, in accordance with the provisions of art. 168, establishing that right and restitution. "
108. Article 170 shall read as follows: "restoring the previous situation Art. 170. the Prosecutor or the Court may take measures to restore the previous situation of the offence, when situations change that results in the obvious manner from committing the offense, and restitution is possible. "
109. In article 171, paragraphs 2 and 3 shall read as follows: "legal assistance is compulsory when invinuitul or the defendant is a minor, military, military term reduced, concentrated or reservist mobilized, student of military educational institution, hospitalized in a sanatorium or in a medical educational Institute, even when he is arrested in another cause or when the prosecution or the Court considers that the defendant does not invinuitul times could do alone defending and in other cases provided by law.
During the worldwide judgment, legal assistance is mandatory in cases where the law provides for punishment for the crime committed on life imprisonment or jail for 5 years or more. "
110. In article 171, paragraph 4 shall be inserted after paragraph 4 ^ 1 with the following content: "When legal aid is compulsory, if the Defender does not appear unduly elected to two consecutive deadlines, where applicable, on the date set for completion of a criminal act or at the time of judgment, making such deliberately criminal conduct and settlement process, the judicial organ shall appoint a defender of its own to replace it awarding him the time required for preparation of the defence, which shall not be less than three days, with the exception of claims for preventive custody settlement, where the term may not be less than 24 hours. "
111. In article 171, paragraph 6 shall read as follows: "If the re-opening the Defender is missing and cannot be replaced under the terms of paragraph 1. 4 ^ 1, case is delay. "
112. Article 172, paragraph 4 shall read as follows: "the person detained or arrested has the right to make contact with the Defender, while ensuring the confidentiality of the talks."
113. In article 173, paragraph 1 shall read as follows: Art. 173.-the defender of the injured party, the civil party and the party responsible civilmente entitled to attend any criminal act and may make requests and submit memories. "
114. Article 174 shall read as follows: "the representation of Art. 174.-during the worldwide judgment, invinuitul and the defendant and the other parties may be represented, except in cases in which the defendant or accused is mandatory.
In cases where the law recognizes the representation of the accused or the defendant, the Court, when it considers it necessary to present the accused or defendant has Liverpool. "
115. Article 177, in paragraphs 8 and 9 shall read as follows: "If the defendant resides or invinuitul abroad, citing is effected by registered letter, unless where by law provided otherwise. Notice of receipt of the letter, signed by the recipient, instead of proof of completion of the procedure of summoning.
Summoning persons other than invinuitul or the defendant shall be made according to the provisions of this article. The establishments referred to in article 1. 145 of the penal code and other legal persons shall quote from their headquarters, and in the case of neidentificarii headquarters, the headquarters of the summons shows the local Council in whose territory the offence was committed. "
116. Article 178, paragraph 2 shall be inserted after paragraph 2 ^ 1 with the following content: "where the letter is recommended by who cites a culprit who supposedly lives or abroad can not be handed over because of the refusal of receipt or for any other reason, and where the recipient does not allow State citation by mail to its citizens You'll see, summons the prosecution or the Court, as appropriate. "
117. Article 178, paragraph 4 shall read as follows:

"The summons intended for an establishment of the art to which it pertains. 145 of the penal code or any other legal person surrender to the registry office or official responsible for the receipt of correspondence. The provisions of paragraphs 1 and 2. 2 shall apply accordingly. "
118. In article 183, after paragraph 2 shall be inserted in paragraphs 3 and 4 with the following content: "People brought up with warrant, pursuant to paragraph 1. 1 and 2, cannot remain at the disposal of the judicial organ than the time strictly necessary for their hearing, unless when he ordered the detention of preventive arrest of their times.
A person brought with the mandate of remembrance is answered immediately by a judicial body. "
119. Article 184, paragraph 2 shall read as follows: "If the person indicated in the mandate of remembrance cannot be brought for reasons of illness, the one responsible for the execution of their mandate to ascertain this through a report to be provided as soon as the criminal prosecution body times the Court."
120. Article 184, paragraph 2 shall be inserted after paragraph 2 ^ 1 with the following content: "paragraph. 2 shall also apply where the person indicated in the mandate, with the exception of the accused or defendant cannot be brought from any other cause. "
121. Article 184, paragraph 3 shall be inserted after paragraph 3 ^ 1 with the following content: "If invinuitul or defendant refuses to obey the mandate or tries to flee, will be constrained."
122. Article 188 shall read as follows: "calculation of time limits in the case of preventive measures Art. 188.-in the calculation of periods relating to preventive measures, time or day at the beginning and that ends the term enters its duration. "
123. Article 189 shall be inserted in paragraph 2 with the following content: "judicial Expenses referred to in paragraph 1. 1, advanced state, are included, as appropriate, in the budget of revenue and expenditure of the Ministry of Justice, the Public Ministry and the Interior Ministry. "
124. Article 190, paragraphs 2, 3 and 6 shall read as follows: "the witness, expert and interpreter who are employees entitled to income from work, duration of service, lack of pricinuită of the call to the prosecution or the Court.
The witness who is not an employee, but has come from work, shall be entitled to receive compensation.

The amount that represents income described in paragraph 1. 2 shall be paid at the working witness, expert or interpreter. "
125. Article 191, paragraph 1 shall read as follows: Art. 191.-in the event of conviction, the defendant is liable for the payment of expenses advanced by the State, with the exception of expenditure relating to interpreters appointed by judicial organs according to law, and where it was willing to grant free assistance, which remain the responsibility of the State. "
126. Article 192 para 1, letter a of paragraph 2) shall read as follows: ") if the defendant has ordered the replacement of criminal liability or be a cause of nepedepsire;"
127. Article 192 para 1, introductory part of point 3 shall read as follows: "3. the amnesty, limitation or withdrawal of the complaint, as well as in the event of a case of nepedepsire, if the defendant demands continuing criminal trial, judicial expenses are incurred by:" 128. Article 192, paragraph 5 shall be inserted after paragraph 6 with the following content: "the expenditure for payment of interpreters appointed by judicial organs according to law, to assist the parties remain, in all cases, the responsibility of the State."
129. Article 198 shall read as follows: "judicial Misconduct Art. 198.-Following the misconduct committed in the course of the criminal process is sanctioned with a fine of 500,000 lei from judicial to 2,000,000 lei: a) non-fulfilment or delayed fulfilment of the wrong times to work on the citation or the communication of documents, transmission of files, and any other works, if they have caused delays in the criminal process;
  

(b) fulfilment of the wrong times) failure to fulfil the duties of handing over the times subpoenas or other procedural acts, as well as failure to execute warrants of remembrance.
  

Unjustified absence of the Defender, chosen or appointed ex officio, when legal assistance of the accused or defendant is mandatory under the law shall be imposed with a fine from 1,000,000 legal at 2,500,000 lei.
Following the misconduct committed in the course of the criminal process is sanctioned with a fine from 1,000,000 judicial lei lei to 10,000,000: undue lack of) the witness, expert or interpreter legal quote;
  

b) delayed by an expert or interpreter to incoming tasks;
  

c) failure to comply by any person of the obligation, at the request of the prosecution or the Court, the object of these times the required records, and failure to comply with the same obligations by the head of the establishment or of the one responsible for implementation of this obligation;
  

d failure to comply with the obligation to preserve), referred to in art. 109 paragraph 1. 5;
  

(e) failure by the head) unit which is to carry out an expertise of the measures necessary to carry out or to perform timely expertise;
  

f) failure, unjustifiably, the criminal investigation of the provisions given by the Prosecutor under the law or failure, unjustifiably, the Prosecutor, cases of criminal acts of the time, within the period prescribed by law;
  

g) communicate, unjustifiably, the Prosecutor, within a time limit prescribed by law, by the criminal investigation, the criminal prosecution, as well as the failure to perform, within the period and under the conditions provided by law, of the provisions of the public prosecutor or the Court;
  

h) failure by any of the parties and the persons who assist in the Court of the action taken by the presiding court under art. 298. judicial Fines applied by the Prosecutor or court shall constitute revenue of the State budget and include in the budget of the Ministry of Justice, according to the law.
Application of fine judicial do not eliminate criminal liability in cases where the Act constitutes offence. "
130. Article 201, paragraph a) paragraph 2 and paragraph 3 shall read as follows: ") of the judicial police;

As research organs of the judicial police operates specialized workers from the Interior Ministry specifically designated by the Minister of the Interior, with the favourable opinion of the Attorney general's Office of the Supreme Court of Justice, and operates under the authority of the Attorney general's Office of the Supreme Court of Justice or be nominated and it works the other way, according to law. "
131. Article 207 shall read as follows: "the jurisdiction of the organs of the judicial police research Art. 207.-Criminal Investigation shall be carried out by the judicial police's research, for any offence which is not necessarily date, within the competence of other bodies of the criminal investigation. "
132. In article 208, paragraph 1 (a)) and (d)) shall read as follows: ") appointed by the officers namely military commanders, special and similar body, responsible for the military. Research may be carried out by the Commander and staff.

d) border police officers, specifically designated for border crimes; "
  

133. In article 209, paragraphs 1 and 3 shall read as follows: Art. 209.-the Attorney supervises the prosecution; in the exercise of this powers leading prosecutors direct and control the work of criminal investigation of the judicial police and other special research organs.
..
The prosecution is carried out compulsorily by the Prosecutor in the case of offences referred to in article 1. 155-173, 176-178, 179, 189 para. 3-5, art. 190, 191, art. 211 para. 4, art. 212, 236, 237, 239 ^ 1 ^ 1, 239, 250, 252, 254, 255, 257, 265, 266, 267, 268, 269 ^ 1, 273-276, 279, 280 ^ 1 ^ 1, 280, 302 ^ 2, 317, 323 and 356-361 of the penal code, in the cases referred to in article 1. 27 point 1(a). b)-(e)), art. 28 ^ 1, point 1 (a). b) and (c)) and section 5, art. 28 ^ 2, point 1 (a). (b)) and art. 29 item 1 of this code, in the case of offences against labour protection, as well as for other crime data by law under its jurisdiction. "
134. In article 209, paragraph 5 shall read as follows: "where the prosecution is conducted by a Prosecutor, rechizitoriul is subject to the confirmation of the Prosecutor Prosecutor's Prime, and when this is done by tracking the confirmation is done by the hierarchically superior prosecutor. When the prosecution is conducted by a Prosecutor from the public prosecutor's Office attached to the Supreme Court of Justice, rechizitoriul is subject to the confirmation of Attorney-Chief of section, and when the prosecution is carried out by the latter, the confirmation is made by the Attorney general of this. "
135. In article 214 paragraph 1 letter b), after the Insert point c) with the following content: "c) officers and subofiterii within the Romanian Gendarmerie for offences recorded during the execution of the specific missions".
136. Article 215, the name of the residential and (b) of paragraph 1) will read as follows: "the acts entered into by a secret group of ships and aircraft, as well as border agents b) border police agents, for cross-border crimes."
  

137. In article 218, paragraph 1 shall read as follows:

"Art. 218.-Prosecutor leads and controls directly to the research activity of the judicial police and other special research organs and ensure that criminal acts are carried out in compliance with legal provisions. "
138. In article 219, paragraph 1 shall read as follows: Art. 219.-the Attorney may give the provisions relating to the carrying out of any criminal act. In the case of research bodies of the judicial police, hierarchically superior bodies thereof may not give them guidance or provisions relating to criminal investigation, the Prosecutor is the only one competent to do so. "139. In article 219, paragraph 2 shall be inserted after paragraph 3 with the following content: "In the event of failure or are inadequate, the criminal investigation, the provisions given by the Prosecutor, it will notify the driver of the criminal investigation, which is required within 3 days of the notification to notify the Prosecutor ordered measures."
140. Article 222, paragraph 1 shall read as follows: Art. 222. The complaint is încunoştinţarea made by a physical person or a legal person related to an injury which was caused through crime. "
141. In article 223, paragraph 1 shall read as follows: Art. 223. încunoştinţarea-it Foresees made by a person or by a legal person about committing a crime. "
142. In article 223, paragraph 4 shall be repealed.
143. According to article 224 224 articles are inserted ^ 1 ^ 4-224 with the following content: "preceding Laws made by undercover investigators Art. 224 ^ 1. -Where there are reasonable and concrete clues as to have been committed or as prepares committing a crime against national security as provided for in the penal code and the special laws, as well as in the case of criminal offences of trafficking in drugs and arms, trafficking in human beings, terrorism, money laundering, counterfeiting or other values, or of an offence provided for in law No. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and additions, or other serious crimes that cannot be discovered or whose offenders may not be identified by other means, may be used, in order to raise the data concerning the existence of the offence and the identification of persons against whom there is the assumption that they have committed a crime, investigators under a different identity than the real world.
Undercover investigators are workers of the Ministry of internal affairs operatives and State bodies that carry out the law, information activities in order to achieve national security, specifically designated for this purpose, and may be used only for a period determined under the conditions laid down in article 23. 224 224 ^ ^ 2 and 3.
The undercover investigator collect data and information on the basis of authorisation issued according to the provisions laid down in article 23. 224 ^ 2, which puts them, in full, at the disposal of the prosecution.
Authorization of the use of undercover investigators Art. 224 ^ 2. -Persons under article 3. 224 ^ 1 can carry out investigation only with the authorization of the prosecutor appointed by the Attorney general's Office of the Court of appeal.
Authorization is given by order motivated, for a period not exceeding 60 days and may be extended for duly justified reasons. Each extension may not exceed 30 days, and the total duration of the authorization, the same cause and on the same person may not exceed one year. In the request for authorisation sent to the Prosecutor shall mention the dates and facts and clues regarding the persons against whom there is the assumption that they have committed a crime, and the period for which the authorization is requested.
Ordinance of the Prosecutor through which it authorises the use of undercover investigator must include, in addition to the particulars provided for in article 10. 203: the solid and tangible cues) which justify the measure and the reasons for that measure is necessary;
  

b) activities they can carry out undercover investigator;
  

c) against which there is the assumption that they have committed a crime;
  

d) under which identity undercover investigator to conduct authorized activities;
  

e) period for which the authorization is given;
  

f) other entries prescribed by law.
  

In duly justified urgent cases and may require authorization and other activities than those for which there is approval, Prosecutor to rule immediately.
Use of the data obtained by undercover investigators Art. 224 ^ 3. -The data and information obtained from the undercover investigator can be used only in the case of a criminal offence and in relation to the persons referred to in the authorization issued by the Prosecutor.
Such data and information may be used, and in other cases or in relation to other people, if they are relevant and useful.
Measures to protect undercover investigators Art. 224 ^ 4. -The true identity of undercover investigators cannot be disclosed during or after completion of their action.
The competent prosecutor to authorize the use of an undercover investigator has the right to know his real identity, while respecting the professional secrecy. "
144. Article 227, paragraph 2 residential designation and shall read as follows: "Complaints made by persons with leadership positions and other officials on the obligations laid down in paragraph 1. 1, and any official who took the knowledge about committing a crime in connection with the service shall carry out their tasks. "
145. Article 228, paragraph 3 shall be inserted after paragraph 3 ^ 1 with the following content: "Resolution and the Protocol on which the prosecution issued by the criminal investigation, are subject to the confirmation of the Prosecutor motivated exercising oversight of the criminal investigation, not later than 48 hours from the date of commencement of criminal proceedings, law enforcement criminal investigation being required to submit also the dossier of the case."
146. Article 228, paragraph 5 shall read as follows: "If the Prosecutor finds that there are fulfilled the conditions referred to in paragraph 1. 4, repay the criminal prosecution body acts either on completion of the preceding acts, whether to commence prosecution. "
147. Article 228, paragraph 6 shall be inserted after paragraph 6 ^ 1 with the following content: "Against neincepere resolution of the prosecution can make a complaint to the Court, under art. 278 ^ 1 and following. "
148. Articles 232 and 233 will read as follows: "refund of the commencement or continuation of the dossier for criminal research Art. 232.-If the Attorney i returned, pursuant to art. 228 paragraph 3. 5 or of article 7. 231, folder, documents and prosecution continue execution acts preceding or, where appropriate, start times continue prosecution by carrying out making them under the law and taking into account the special circumstances of each case.
The preventive arrest of the accused/Art. 233. In the course of conducting research-criminal, if the research considers that the conditions laid down are met Bill for taking the measure of preventive arrest of the accused/, make proposals in this regard and forward them to the Prosecutor.
If the Prosecutor, having examined the dossier of the case, finds that it is appropriate to take the measure of preventive arrest of the accused/, proceed according to art. 146. ' 149. Article 234, second paragraph shall read as follows: "criminal investigation body shall, if it deems are met and the conditions stipulated by law for taking the measure of preventive arrest of the accused, shall proceed in the same way."
150. Article 236 shall read as follows: "preventive arrest of defendant Art. 236. in accordance with article referred to the Prosecutor. 234, if put in motion criminal proceedings and if it considers that the conditions laid down are met Bill for taking the measure of preventive arrest of the accused, proceed according to art. 149 ^ 1. "
151. Article 237, paragraph 2 shall read as follows: "If the Prosecutor had set in motion the criminal proceedings, the criminal investigation he calls the culprit, it communicates it blamed deed and give explanations concerning their rights and obligations on their behalf. When the defendant does not live in the country, the criminal investigation will keep into account when fixing the time limit for presentation in front of it, the rules concerning international judicial assistance in criminal matters. "
152. Article 238 shall read as follows: "expanding the criminal research Art. 238. the criminal investigation body, if you find new facts be borne by the defendant or the accused times new circumstances may result in changing the legal classification of the offence for which prosecution has ordered the start times were put in motion criminal proceedings or data on the participation of other people from committing that facts, shall make proposals for the extension of criminal investigations of the Prosecutor or changing the legal classification. Proposals shall be submitted no later than three days from the date of the finding of facts, circumstances or to us. The Prosecutor will decide by Ordinance not later than 5 days. "
153. Article 239, paragraph 1 shall read as follows: Art. 239.-in the case when it is noticed through a forensic expertise as invinuitul or the defendant is suffering from a serious illness prevent him to take part in criminal proceedings, the criminal investigation body shall submit its proposals to the Prosecutor together with the dossier, to suspend the prosecution. "
154. In article 240, paragraph 2 shall read as follows:

"The order of suspension of criminal prosecution shall be communicated in the copy, and the person of the accused or defendant harmed. After the file is returned to the communication of the criminal investigation. "
155. Article 243, paragraph 3 shall read as follows: "when the case for terminating the prosecution concerns a defendant arrested, blamed the Prosecutor shall adjudicate upon termination of criminal proceedings on the same day in which he received the proposal for the cessation of the criminal investigation. If the Prosecutor has ordered the cessation of criminal prosecution, should immediately revoke the Court wax of the preventive measure. Within 24 hours of the receipt of the dossier to the Prosecutor together with a paper stating the case or cases of cessation of criminal prosecution, the Court has ascertained through closing, and revocation of the measure as soon as the liberty of the accused or the defendant and return it in the same folder, the Prosecutor's term, together with a copy of conclusion. "
156. Article 245, paragraph 1 (a)) shall read as follows: "the precautionary measures taken) revocation to enforce the penalty fine;"
157. In article 245, the second paragraph shall be inserted after paragraph 3 reads: "where a termination of criminal prosecution or defendant arrested, supposedly in order will make mention of revocation of the pre-trial detention ordered by the Court, under art. 243 para. 3.158. In article 246, paragraph 2 shall read as follows: "In cases where the defendant is invinuitul or pre-trial, the Court shall notify the administration of the place of address through ownership, with disposition to put it immediately to defendant blamed, according to art. 243 para. 3. "159. 1. In article 249, paragraph ^ 3 will read as follows: "against the order which ordered the removal of criminal prosecutions under article 13. 10 para. and (b). b ^ 1) can make the complaint within 20 days after the notification referred to in article 1. 246.160. " In article 254, paragraph 1 shall read as follows: Art. 254.-When the presentation of the material was not possible because the defendant is missing or has been removed from the call before the criminal investigation body shall, in the report which shall be made according to art. 259 the concrete circumstances from arising by reason of preventing. "
161. Article 257 shall read as follows: "the presentation of the material by the Prosecutor Art. 257.-Attorney, receiving the dossier, he calls her and blamed prosecution presents the material according to the provisions of article 3. 250 the following, which shall apply accordingly. "
162. Article 258 shall read as follows: "Submission dossier on defendant Art. 258.-in cases where criminal proceedings had been put in motion, after completing research and after fulfilment of the provisions relating to the presentation of prosecution, prosecution is considered completed. Criminal investigation body shall immediately notify the public prosecutor of the case accompanied by a dossier report. "
163. Article 267 shall read as follows: "the provisions concerning preventive measures, or Art credit insurers. 267.-in the case of the Prosecutor, the indictment under art. 262 paragraph 1 deems it necessary to arrest the defendant, being fulfilled the conditions provided by law, submit to the Court within 24 hours, rechizitoriul and the proposal for the arrest of the culprit. Proceed in the same way the Attorney and if necessary safety measures are taken. 113 and 114 of the penal code. If the Public Prosecutor considers that preventive measures must be taken. 145 and 145 ^ 1 has it by indictment.
In the cases referred to in article 1. 262 section 2, art. 265 and 268, the Prosecutor at the Court remits the case to features on the continuation or revocation arrest ordered by it and of the safety measures provided for in article 4. 113 and 114 of the penal code, taken from the Court during prosecution. In the case of provisional arrest and preventive measures. 145 and 145 ^ 1, Prosecutor revocation of these measures or, where appropriate, send the case back to the court dossier with the proposed extension.
Conclusion through the Court with respect to such measures shall be sent to the Prosecutor, who makes mention of this in the removal order under criminal investigation, prosecution, suspend the prosecution, drawback or referral to the competent organ. Provisions of art. 243 para. 3 and art. 249 para. 2 shall apply accordingly.
The Prosecutor is obliged to dispose over the maintenance or revocation of safety measures, other than those referred to in article 1. 113 and 114 of the penal code, and insurers adopted during the criminal investigation, or if necessary to take such measures. "
164. Article 273, paragraph after paragraphs are inserted 1 1 ^ 1 ^ 1 and 2 with the following content: "the reopening of the criminal proceedings take place also when the Court, under art. 278 ^ 1, upheld a complaint against the order or, as the case may be, to the removal of Prosecutor's resolution under criminal investigation or prosecution desist times ranking and sent to the Prosecutor in order to cause reopening of criminal prosecution. In the event that the Court, under art. 278 ^ 1, upheld a complaint against the neincepere resolution of criminal and sent to the Prosecutor in order to cause the commencement of prosecution, he may return on neinceperii and the commencement of prosecution prosecution as provided by law.
In the cases referred to in paragraph 1. 1 and 1 ^ 1, if it is considered on the basis of the data of the files as they justify a preventive measure, the Prosecutor shall proceed according to art. 236 233 or which apply accordingly. In order that ordered the resumption of prosecution, it makes mention of the taking of these measures. "
165. Article 274 shall read as follows: "the duration of pre-trial detention the accused after resuming Art. 274.-in cases of criminal prosecution. 270 para. and (b). ) and c) and in article 3. 273, the term regarding the measure of arrest the accused shall run from the date of taking this measure, article 4. 149 ^. 9 applying properly.
If the refund case by the Court, under art. 272, if the defendant is detained and the Court maintains the preventive arrest, the 30-day time limit shall run from the date judgment. The Prosecutor's Court remits within 10 days.
The duration of detention in custody may be extended by the defendant under art. 155 and 159. "
166. Article 275, paragraph 2 shall be repealed.
167. Article 278 shall read as follows: "the complaint against the Prosecutor acts Art. 278. The complaint against measures taken or acts done by the Prosecutor of the time performed on the basis of the provisions of this data solve first the Prosecutor Prosecutor's Office or, where appropriate, the prosecutor general's Office of the Court of appeals Chief Prosecutor times section of the Prosecutor's Office attached to the Supreme Court of Justice.
In the case of the measures and acts of the Prosecutor are prime times of Office of attorney general to the Court of appeal or of the Prosecutor's Office of the Chief of section of the Supreme Court of Justice of the time have been or will be carried out on the basis of these provisions, the complaint shall resolve hierarchically superior prosecutor.
If the resolution of the criminal investigation or neincepere of the Ordinance or, as the case may be, of the withdrawal of the resolution under criminal or termination of criminal proceedings, the complaint shall be made within 20 days after notice to interested persons, according to art. 228 paragraph 3. 6, art. 246 para. 1 and art. 249 para. 2. the provisions of article 4. 275-277 applies properly. "
168. After article 278 article 278 is inserted: ^ 1 with the following content: "the complaint to the Court against rezolutiilor or the Ordinances of the Prosecutor delivered judgment Art. 278 ^ 1. -After rejecting the complaint made pursuant to art. 275-278 of neincepere agains the prosecution or Ordinance or, as the case may be, of the resolution, the ranking removal under criminal or termination of criminal proceedings, the public prosecutor, the injured party, and any other persons whose legitimate interests are harmed can make complaint within 20 days from the date of communication by the Prosecutor of how problem solving According to art. 277 and 278, the Court to which it would return, according to the law, jurisdiction to jurisdiction in the first instance.
Where the Prime Prosecution Attorney or, where appropriate, the prosecutor general's Office of the Court of appeal, the Prosecutor's Office of the Chief of section of the Supreme Court of Justice hierarchically superior prosecutor times has not resolved the complaint within 20 days provided for in art. 277, 20-day time limit referred to in paragraph 1. 1 run from the date of expiry of the 20-day period.
The file will be sent to the Court within flooring 5 days from receipt of the address by which the required folder.
The person to whom it was ordered neinceperea prosecution, removal of prosecutions or cessation of prosecution, as well as the person who made the complaint is quoting. Failure to provide such legal persons cited do not hinder the resolution of the case. When the Court deems it absolutely necessary to this person, may take measures for its production.
The prosecuting attorney is compulsory to present the complaint.
The deadline for prosecuting the complaint, the Court gives the word of the person who made the complaint, the person to whom it was ordered neinceperea prosecution, removal of prosecutions or termination of the prosecution and then the Prosecutor.

Court, judging from the complaint, check the resolution or order under appeal, on the basis of the work and the material of the case and any new documents to be submitted.
The Court ruled one of the following: a) complaint, by rejecting the verdict, maintaining the solution from the resolution or order being appealed;
  

(b)), by sentence admits, abolish the resolution or order under appeal and send the Prosecutor in order to cause the commencement of criminal proceedings or re-opening, as appropriate. The provisions of article 333 para. 2 shall apply accordingly;
  

c) closing complaint by admitting, abolish the resolution or order appealed against, and when existing evidence on file are sufficient to cause re-opening, retain provisions toward trial, the judgment on the first appeal court and, by applying properly.
  

In the case referred to in paragraph 1. 8 lit. (c)), the document instituting the proceedings, as the Court's first, is the complaint of the person referred to in paragraph 1. 1. The judgment of the Court pronounced according to para. 8 lit. the) and b) can be appealed with the appeal of the Prosecutor, by the person who made the complaint, the person to whom it was ordered neinceperea prosecution, under criminal or termination of criminal proceedings, as well as any person whose legitimate interests are harmed.
In the situation referred to in paragraph 1. 8 lit. the person with respect to whom) Court, by final judgment, decided that it is not necessary to begin or to reopen criminal proceedings, can no longer be tracked for the same deed unless they discovered new facts or circumstances which were not known to the prosecution and not stepped in one of the cases referred to in article 1. 10. the Court is obliged to resolve the complaint within 20 days of receipt and to notify, without delay, the person who is self-motivated and has made the complaint, how it was resolved. "
169. Article 279, paragraph 2, subparagraph (c)) shall read as follows: "(c)) the competent organ to carry out the prosecution, when a prior complaint is directed against a judge, Prosecutor, notary public, military, justice and financial controller of the County Chamber of Auditors, financial controller of the Court of Auditors or one of the persons referred to in art. 29 section 1. "
170. Article 300, residential designation shall read as follows: "verification of referral to the Court" 171. Article 300, paragraph 3 shall be repealed.
172. After Article 300 shall be inserted in articles 300 and 1000 ^ 1 ^ 2 with the following content: "verification of regularitatii arrest defendant from receiving Art. 1000 ^ 1. -In cases in which the defendant is sent to arrest judgment, the Court is obligated to check ex officio in board room, or making regular case, prolongation of preventive detention shall, within 48 hours of registration dossier to the Court.
If the Court finds that it is justified to a new extension of pre-trial detention, has, through a reasoned conclusion, prolong pre-trial detention until the first day of appearance, without that it could exceed 30 days. The provisions of article 159 paragraph 1. 3, 4, 5, 7 and 11 shall apply accordingly.
Checking regularitatii arrest defendant at first appearance and during the worldwide judgment Art. 300 ^ 2. -In cases in which the defendant is detained, the Court second seised is legally obliged to verify, ex officio, at first look, the regularity and the continuation of this measure has been taken. If the Court finds that the prolongation of pre-trial detention is justified, has, by a reasoned conclusion, extension of this measure.
The prolongation of pre-trial detention by the first court ordering for a period which may not exceed 30 days. The provisions of article 141 shall be applied accordingly.
Also, the Court must first ascertain during worldwide judgment, the legality and the merits of the decision and the continuation of the measure of arrest by carrying out, as appropriate, in accordance with art. 160 ^ b and ^ c 160. "
173. In article 303, paragraph 1 shall read as follows: Art. 303.-When it finds on the basis of forensic expertise that the defendant suffers from a serious illness prevent him from participating in the judgment, the Court has, through discharge, suspension of the criminal process until the health culprit will allow its participation to the judgment. "
174. In article 303, paragraph 5 shall be inserted after paragraph 6 with the following content: "the Court suspend, by reasoned judgment and termination in the event that was raised an exception of unconstitutionality. Suspend ordering until the resolution of the Constitutional Court of exception is thrown. If the defendant is arrested, properly apply the provisions of art. 300 ^ 2, and if it were compared to the ordered measure obliging not to leave the locality borders to measure or not to leave the country shall be applied accordingly, art. 145 and 145 ^ 1. Completion is subject to appeal within 5 days from the date of pronouncement. "
175. Article 304 shall read as follows: "notes on the process". 304.-during the hearing, the Registrar shall record all statements, questions and CD present, including the President of the Commission. Logging is done by registering with technical means, followed by transliteration. In as soon as possible after completion of the hearing and before the next term anyway, parties receive a copy of the Registrar or notes on the transcription of records. "
176. Article 313 shall read as follows: "measures preceding Art. 313.-the President of the Court, and received the dossier of the case, shall as soon as a period of trial and citing the people who need to be matched to the judgment. If the defendant does not live in the country, properly apply the provisions of article 4. 237 para. 2. The summons must be handed to the accused at least 5 days ahead of schedule.
In cases in which the defendant is sent to arrest judgment, the President of the Court, on receipt of the dossier, shall fix a time limit which, under art. 1000 ^ 1 cannot be more than 48 hours, within which shall be served the summons together with a copy of the document instituting the proceedings. "
177. Article 315, paragraph 1 shall read as follows: Art. 315. the Prosecutor is obliged to participate in the meetings of the people's Court, in cases in which the Court was seised by indictment, in cases where the law provides for punishment for the crime committed in the prison for 3 years or more or in cases where one of the defendants was in a State of detention or in any of the situations referred to in article 1. 171 paragraph 2. 2, and where the replacement of the fine punishment with imprisonment. In the meetings of the Court about the other crimes, the prosecutor participates when deem it necessary. "
178. Article 318, paragraph 1 shall read as follows: Art. 318.-at the time of trial, after calling the case and call on the parties, verify the identity of the defendant's President. In the case where the defendant was in possession of the State, the President is entrusted with if received within the time limit provided for in art. 313 para. 3 a copy of the referral to the Court. When the Act has not been communicated, if the defendant so requires, shall be procrastinating, and the President handed out a copy of them on the document instituting the proceedings, mention of it in the conclusion of the meeting. "
179. In article 319, paragraph 3 shall read as follows: "witnesses, experts and interpreters present can be heard, even if they have not been subpoenaed or have not received the summons, but only after it was determined their identity, taking into account the provisions of article 4. 86 ^ 1 and following. "
180. Article 327, paragraph 6 shall be inserted after paragraph 7 with the following: "article 4. 86-86 ^ 1 ^ 4 shall apply accordingly, if necessary. "
181. After Article 327 shall be inserted in Article 327 ^ 1 with the following content: "Art. 327 ^ 1. -Statements made by the defendants, witnesses of the time of other people interviewed in the case, including the questions addressed to them by either party or by the Court, shall be entered exactly as provided by art. 304.182. " In article 332, paragraphs 3 and 4 shall read as follows: "the judgment of desesizare may appeal by the Prosecutor and any person whose interests have been harmed by decision.
The file is sent to the Prosecutor immediately after final judgment remain the first court or not later than 5 days after the pronouncement of the Court of appeal. Where the defendant is arrested, the folder will be sent to the public prosecutor after the judgment of the appeal against the conclusion regarding pre-trial arrest. "
183. In article 338, paragraph 2 shall be inserted as follows: "When the defendant is detained, the Court shall send the file to the Attorney with at least 8 days prior to the expiry of the warrant. The Prosecutor shall proceed according to the provisions of article 3. 155, 156 and 159. "
184. Article 346, paragraph 2 shall read as follows: "When the acquittal has been pronounced for the case referred to in article 1. 10 para. and (b). b ^ 1) or because the Court found the existence of causes which removes criminal nature of the Act or for any of the missing as the constitutive elements of the offence, the Court may oblige them to repair the damages and material damages, according to the civil law. "
185. Article 348 shall read as follows: "separate civil action Art. 348.-the Court, even if there is no formation of civil party, rule over the repair material damage and moral damage in cases referred to in article 1. 17, and in other cases only in respect of the refund, the abolition of all or part of an inscribed and restoring the previous situation of the offence. "

186. Article 350, paragraph 1 shall read as follows: Art. 350.-the Court has an obligation as a decision to rule with respect to taking, extension or revocation of the measure of arrest defendant. "
187. In article 3, after paragraph 350 c) is inserted in point d) with the following content: "d) an educational measure."
188. Article 350, paragraph 6 shall read as follows: "the defendant convicted in a State Court and is convicted of possession once the duration of pre-trial detention and apprehension become equal to the length of the sentence handed down, although the judgement is not final. Release of the administration of the place of detention. To this end they shall, immediately after the judgment, a copy or extract, the device that will contain the particulars mentioned in article 1. 140 paragraph 1. 3. ' 189. Article 357, paragraph 1 shall read as follows: Art. 357.-the device must contain the information set out in article 1. 70 concerning the person of the defendant, the date of the Court with respect to the offense, with, in the case of conviction, the name and the text of the Bill falling, and in case of acquittal or cessation of the criminal process, therefore according to art. 11, and the solution regarding the date the ruling material and moral damage. When the Court makes the application of art. 86 ^ 7 of the penal code, the device will mention it if the condemned will be executed punishment in the unit where it operates or to another unit. When the Court makes the application of art. 86 ^ 1 of the penal code, the device will include the surveillance measures provided for in article 4. 86. ^ 1 of the penal code, which must be subject to convict, as well as the obligations set by the Court under art. 86. ^ 3 of the penal code. "
190. Article 360, paragraph 2 shall read as follows: "the defendant held or located in any of the situations referred to in article 1. 171 paragraph 2. 2, which lacked the judgment, shall notify a copy of the device. Also, a copy of the judgment shall be communicated to the Administration device's place of detention. "
191. Article 361 (1), subparagraph (d)) shall read as follows: "(d) the sentences handed down by the Department) to the Supreme Court of Justice;"
192. Article 375, paragraph 4 shall be repealed.
193. Article 385 par. 1 ^ 1, letters d and e)) shall read as follows: "(d) the sentences handed down by the Department) to the Supreme Court of Justice;

It's pronounced as) the decisions of the courts of appeal, tribunals, military courts, courts of appeal and the Court of Military Appeals, with the exception of decisions whereby the retrial has been ordered. "
  

194. Article 385, paragraph ^ 1 4 shall read as follows: "can't be appealed with respect to appeal the sentences to which the persons referred to in article 1. 362 did not use the path of a call or when the appeal has been withdrawn, if the law provides for this remedy. The persons referred to in article 1. 362 may appeal against the decision handed down in appeal, even if they have not used the call, if the decision rendered in appeal from sentence was modified and only solution concerning this change. "
195. Article 385, paragraph 1 ^ 10 shall read as follows: Art. 385 ^ 10. -The appeal must be motivated. "
196. Article 385, paragraph 10 ^ 2 is inserted after paragraph 2 ^ 1 with the following content: "where the failure to comply with the conditions laid down in paragraph 1. 1 and 2, the Court shall take into consideration only the cases of Cassation which, under art. 385 ^ 9 para. 3 shall be taken into account ex officio. "
197. Article 385, paragraph 11 ^ 3 will read as follows: "paragraph. 2 do not apply in an appeal against the judgment of the discharges relating to preventive measures. "
198. Article 386, letter c) shall read as follows: "(c)) when the appeal court has not been pronounced upon a cause for termination of the criminal process. 10 para. and (b). f)-i ^ 1), with respect to which there were samples in the file; "
199. Article 400 is repealed.
200. Article 402, paragraph 3 shall read as follows: "a person arrested shall be brought to judgement."
201. Article 404, paragraph 1 shall read as follows: Art. 404.-with the principle of the application the Court may suspend the review motivated, in whole or in part, the execution of the judgment subject to review. "
202. Article 409 shall read as follows: "further appeal Art. 409.-any final decision can be appealed further appeal to the Supreme Court of Justice, the Attorney general's Office of the Supreme Court of Justice, ex officio or at the request of the Minister of Justice. "
203. In article 410, paragraph 3 shall read as follows: "also can be appealed further appeal judgements handed down in cases of final in which the European Court of human rights found a violation of a right set out in the European Convention for the protection of human rights and fundamental freedoms. The Court will not be able to compel the State to pay damages that were awarded by the European Court of human rights received by the victim of the breach and a right provided it. "
204. Article 410, paragraph 3 shall be inserted after paragraph 3 ^ 1 with the following content: "In cases where reparation was granted according to the provisions of paragraph 1. 3, the State has recourse action against him who, in bad faith or in serious negligence, caused damage to the generating situation. "
205. article 412 shall read as follows: "the suspension of the execution of Art. 412.-After referral, the Supreme Court of Justice may order, ex officio, on a proposal from the prosecutor general's Office of this Court, or at the request of the party, the suspension of the execution of the judgment appealed against, or may return over the suspension.
The provisions of paragraphs 1 and 2. 1 shall also apply where the condemned had begun serving.
To comply with the provisions for the suspension of execution of the judgment is made by the Court of enforcement. "
206. Article 431 ^ 1 after paragraph 1 is inserted in paragraph 1 ^ 1 with the following content: "When further appeal concerns both first instance judgment and the judgment of the Court of appeal or, as the case may be, and the judgment of the Court of appeal, in the case of acceptance and disposal of rejudecarii, case is sent to the first court rulings, if all were scrapped, and the Court of appeal or where appropriate, the Court of appeal, when only their judgments were dismantled. "
207. Article 414 ^ 2, paragraphs 1 and 2 shall read as follows: Art. 414 ^ 2. -Attorney general's Office of the Supreme Court of Justice, either directly, or through the Minister of Justice, the general prosecutor's Office of the Supreme Court of Justice, shall be entitled, in order to ensure uniform interpretation and implementation of applicable criminal and criminal procedure throughout the country, to ask the Supreme Court to rule on matters of law which have received a different settlement on the part of the courts.
Decisions handed down by the United Stations, which solves, are mandatory and shall be published in the Official Gazette of Romania, part I, as well as on the website of the Supreme Court of Justice. They are brought to the attention of the courts and the Justice Ministry. "
208. Article 422, paragraph 3 shall be inserted after paragraph 3 ^ 1 with the following content: "the provisions of art. 184 para. 3 ^ 1 applies accordingly. "
209. Article 425, paragraph 3 (b)) shall read as follows: "(b)) if the condemned is not found in any of the situations described in (a). the financial body), the City Hall of residence where the convict an extract from that part of the device that the application concerns the fine. "
210. Article 435, paragraph 1 shall read as follows: Art. 435.-If the measure obliging to medical treatment or medical clinic has been provisionally taken during criminal prosecution or bringing into force worldwide judgment, is made by the Court which had taken such a measure. "
211. following article shall be inserted in article 439 439 ^ 1 with the following content: "the enforcement of the prohibition to return to the family home for a period determined by Art. 439 ^ 1. -When the decision of the jail sentence of a safety measure. 118 ^ 1 of the penal code, the prohibition to return to the family home for a period determined, a copy of the judgment shall be served on the police body in whose territory is situated the family dwelling.
If jail is executed in a place of detention shall make mention of the term of execution of prison sentence to be in the light of the convict, the date of release to the body of police, who shall proceed according to paragraphs 1 and 2. 3. At the same time, send a copy of the decision of the master device to the place of detention.
The police has the duty to ensure the execution of the measure taken by the supervision of compliance with the ban not to return to the family home and to bring it to the prosecution in the case of evading from execution of the measure. "
212. Article 450, paragraph 4 shall read as follows: "the judgment of the Court is subject to appeal. The time limit for appeal is 3 days. Appeal of suspension of enforcement is Prosecutor. "
466. Article 213 shall read as follows: "cases of application of the special procedure

Art. 466. flagrant Offences punishable by-law with imprisonment of more than one year and not more than 12 years, and aggravated forms of such crime, perpetrated in municipalities or cities, in means of transport, balciuri, fairs, ports, airports or train stations, even if they don't belong to the territorial units referred to above, as well as in any busy place, track and judge according to the provisions laid down shall be in this chapter which is supplemented by the provisions of this code. "
214. Article 468 shall read as follows: "apprehension and arrest of the accused or defendant Art. 468. Invinuitul-is retained. Detaining lasts 24 hours. Referral of research or of its own motion, the Prosecutor may order the arrest of the accused, who shall not exceed two days, they calculated from the expiry date of the Ordinance.
If the Prosecutor considers that there are insufficient evidence for setting in motion the criminal action, give the indictment motion through the criminal proceedings and sending in judgment and send the dossier to the competent court before the expiry of the warrant.
Where the Prosecutor has not ordered the sending of the judgment within 3 days from the date of issue of the Ordinance, applies to art. 146 the following. "
215. In article 472, paragraph 1 shall read as follows: Art. 472.-the President of the Court fixed time-limit, which shall not exceed 5 days from the date of receipt of the dossier, at the same time bringing mandated tales and the injured party. "
216. Article 480 shall read as follows: "General provisions Art. 480.-pursuing and prosecuting crimes committed by juveniles, as well as the bringing into force of decisions concerning them are made according to the usual procedure, with additions and derogations from this chapter and section IV ^ 1 of cap. I of title IV of the general part. "
217. In article 483, paragraph 1 shall read as follows: Art. 483.-cases where the defendant is a minor, according to judge themselves by the ordinary rules of jurisdiction, the judges specifically designated according to the law. "
218. Article 484, paragraph 2 shall read as follows: "in the judgment of the case shall, in addition to CITES parties, the tutelara and the parents, and where appropriate, the guardian, the trustee, the person in whose care the times find minor supervision and social reintegration of offenders and the supervision of the execution of non-custodial sanctions of that Court as well as other persons whose presence is deemed necessary by the Court."
219. Chapter IV of title IV of the special part, i.e. the title and articles 504, 505, 506 and 507, will read as follows: "CHAPTER IV ruling of moral or material damage in case of wrongly conviction or restriction of liberty times privarii in wrongful manner Cases eligible for reparation for the damage Art. 504.-a person who has been convicted outright entitled to compensation by the State to have sustained damage, whether as a result of rejudecarii case has rejected a final decision of acquittal.
Entitled to compensation for the damage and the person who, in the course of the criminal trial, was deprived of freedom or whose freedom has been restricted in wrongful manner.
Deprivation or restriction of freedom in the manner to be determined after the wrongful event, by order of the Prosecutor's revocation of the measure involving deprivation of liberty or restrictive, by order of the removal of the Prosecutor under the criminal or non-criminal prosecution for the cause. 10 para. and (b). j) or by decision of the Court for revocation of the measure involving deprivation of liberty or restrictive, by a final decision of acquittal or final decision cessation of criminal trial for the cause. 10 para. and (b). j). The right to reparation for the damage suffered and the person who has been deprived of liberty after he intervened, amnesty or exoneration of prescription of the offence.
The kind and extent of repair Art. 505. In determining the extent of repair-keeps privarii lasting or the restriction of freedom, as well as of the consequences affect the individual products of the time on the family of the person deprived of liberty or whose liberty has been restricted.
Repair consists in the payment of a sum of money or taking into account the conditions of the person entitled to compensation of damage and the nature of the damage produced in the setting-up of a lifelong times in the State's expense, at deprived of liberty or whose liberty has been restricted to be entrusted to an Institute of social and medical assistance.
Persons entitled to compensation for the damage, before deprivation of liberty were placed in work, calculate the length of the work, as established by law, and the time they were deprived of liberty.
Reparation is, in all cases, supported by the State, through the Ministry of public finance.
Action for compensation for damage Art. 506.-Action for compensation for damage may be initiated by the person entitled, under art. 504, and after her death can be continued or initiated by persons who were dependent on him.
The action may be brought within 18 months from the date of the final remaining, as appropriate, of court decisions or orders of the Prosecutor, as provided for in art. 504. In order to obtain repair of damage, the person entitled may address the Tribunal in whose constituency residence, calling the civil judgment, which is cited by the Ministry of public finances.
The action is exempted from judicial stamp tax.
The action reversed Art. 507.-If the ruling was granted under art. 506, State action or recourse against him who, in bad faith or in serious negligence, caused damage to the generating situation. "
220. Article 513 shall read as follows: "the conditions and the detailed rules governing Art. 513.-conditions and procedures for the realization of international judicial assistance in criminal matters shall be those determined by the provisions of the special law and in this chapter, whether through international conventions do not provide otherwise. "
221. Article 522 is inserted After section IV entitled "review of the case of extradition, article 522 ^ 1 with the following content:" SECTION IV review of the extradition case retrial case prosecuted in the absence of extradition in Art. 522 ^ 1. -Where a person's extradition is requested, tried and convicted in the absence of the cause will be rejudecata by the Court that judged by the first court, at the request of the detainee.
The provisions of article 405-408 shall apply accordingly. "


Article II the following terms of the code of criminal procedure and other laws with provisions of criminal procedure shall be replaced as follows:-"territory", with "constituency", whenever it refers to the courts and the public prosecutor's Office;
-"research organs of the police", with "the research organs of the judicial police."


Article III 1. Workers in the Ministry of Internal Affairs specializing in performing the activities of crime data, fundraising for the purposes of criminal prosecution and criminal investigation, referred to in art. 201 of the code of criminal procedure, are part of the judicial police.
2. Organs of the judicial police operates, directly under the guidance, supervision or control of the Prosecutor, being obliged to comply with all its provisions.
3. workers of the judicial police from territorial structures carry out their duties directly, under the authority and control of the Prosecutor's Prime addition to prosecutors and judges and courthouses, according to their arondarii.
Prosecutors prosecutors generals of the Court of appeal exercises its authority and control, either directly on the workers of the judicial police in Vienna's Court of appeal.
The Attorney general's Office of the Supreme Court of Justice shall exercise their authority and direct control or through designated prosecutors on the judicial police General Inspectorate of Romanian police and of the whole territory.
4. police Workers who do not belong to the judicial police shall have the right and obligation to perform an act of crime was committed, incunostintand about it, without delay, the Prosecutor or law enforcement agencies, judicial police, research with increasing at the same time finding documents.
5. the dismissal of workers of judicial police cannot features than with the opinion of the Attorney general's Office of the Supreme Court of Justice.
Judicial police workers can't get to the hierarchically superior bodies any other task, besides the exceptional situations and events or in carrying out the tasks of training and professional development.
6. promotion of judicial police workers shall be made only on the advice of the prosecutor general's Office of the Supreme Court of Justice.
7. For failure or improper fulfillment of the obligations of judicial police, general prosecutor's Office of the Supreme Court of Justice may propose to the Minister of the Interior for the release from Office of the judicial police workers.
8. For acts of indiscipline committed by law enforcement officials of criminal investigation of the judicial police, the Attorney general's Office of the Supreme Court of Justice may apply to the Minister of the Interior for hiring procedure triggering disciplinary liability.


Article IV


Law on organisation and functioning of the Romanian police nr. 218/2002, published in the Official Gazette of Romania, part I, no. 305 of 9 May 2002, changed and completed as follows: 1. Article 27(2) shall read as follows: Art. 27. — (1) the Minister of the Interior, the Attorney-general's Office of the Supreme Court of Justice appoints policemen who have quality research organs of the judicial police.

(2) the prosecution shall be carried out by the Prosecutor in the case of crimes committed by police who have quality research organs of the judicial police.
  

(3) crimes related by police who have quality research organs of the judicial police shall judge on the first court of the tribunal: (a)), in the case referred to in article 24(2). police 14. (2) section II of law No. 360/2002 on the status of the policeman;
  

b) Court of appeal, in the case referred to in article 24(2). police 14. (2) section. I lit. e)-j) of law No. 360/2002;
  

c) Supreme Court of Justice, in the case referred to in article 24(2). police 14. (2) section. I lit. a)-d) of law No. 360/2002. "
  

2. In article 33, paragraph (1) shall read as follows: Art. 33. — (1) to prevent and combat corruption, cross-border crime, trafficking in human beings, terrorism, drug trafficking, money laundering, computer crime and organised crime, and other serious crimes that cannot be found or whose offenders may not be identified by other means, upon the proposal of the inspector general of the General Inspectorate of the Romanian police, with the approval of the Minister of the Interior Romanian police may use undercover cops, as stipulated in the criminal procedure code. In exceptional circumstances, where there are serious indications that it has been committed or that prepares committing one of the offences mentioned, which cannot be discovered or whose offenders may not be identified by other means, the Romanian Police may use informants. "


Article V the law on the status of the policeman No. 360/2002, published in the Official Gazette of Romania, part I, no. 440 of 24 June 2002, amend as follows:-Article 64 shall be repealed.


Article VI law. 92/1992 for the judicial organisation, republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997, as amended and supplemented, modified and completed as follows:-in article 28, paragraph 4 shall read as follows: "the provisions of the hierarchically superior prosecutor are compulsory for prosecutors responsible if data are in writing and are in accordance with the law. Will not be given, however, the provisions for exemption laws that can fulfill the law in a criminal cause. The Prosecutor is free to submit in court findings that they consider to be valid, according to the law, taking into account the evidence based on the cause. "


Article VII of the Supreme Court of Justice Law No. 56/1993, republished in the Official Gazette of Romania, part I, no. 56 of 8 February 1999, with subsequent amendments, changes and shall be completed as follows: 1. Articles 21 and 22 shall read as follows: Art. 21.-Supreme Court of Justice Departments were the following: Department of civil appeals judge: a) in civil causes laid down by the code of civil procedure, apart from those brought into the jurisdiction of the other wards by this law or by special laws;
  

b) against judgments in lawsuits, in cases determined by law;
  

c) any other matter relating to the causes that were not within the competence of other sections.
  

Criminal appeals judge: section a) in criminal matters, in the cases provided for in the criminal procedure code or special laws;
  

b) against judgments in criminal matters by the Court of Military Appeals.
  

Commercial Department judge appeals against judgments in commercial matters, in the cases determined by law.
Department of administrative law judge recourses: a) in administrative matters, in the cases determined by law;
  

b) in respect of expropriation;
  

c fiscal matters), with the exception of disputes which are given by special laws in the jurisdiction of other courts.
  

Art. 22.-the Supreme Court of Justice Departments in relation to their respective jurisdiction, judge recourses in cancellation of final rulings pronounced declared against judges, courts, courts of appeal and courts. "
2. Article 24 shall read as follows: Art. 24.-Panel of 9 judges judge appeals in cases adjudicated in the first instance court precincts Justice of the Supreme Court and the appeals, the cases in which the Court pronounced judgment in rendering final decisions in nerecurare times through the settlement of appeals have ruled that the ordinary or decisions to resolve appeals appeals extraordinary supervisory times declared in criminal cases. "
3. In article 26, paragraph a) shall read as follows: ") appeals the judgment of annulment in cases in which the Panel of 9 judges pronounced the decision on appeal, as well as in cases in which the Panel of judges ruled 7, prior to the entry into force of law No. 45/1993 modifying and supplementing the code of criminal procedure, the decision to settle the extraordinary appeal or appeal in; "


Article VIII of law No. 54/1993 for the Organization of the courts and prosecutors ' offices, republished in the Official Gazette of Romania, part I, no. 209 of 13 May 1999, alter it and make as follows: — Article 3 shall read as follows: Art. 3.-military courts of Districts and military prosecutors ' offices shall be established by decision of the Government on the proposal of the Minister of Justice. "


Article IX 1. The causes of the ongoing criminal investigation after the entry into force of this law will be pursued by the prosecution the competent according to this law.
Documents and previous work done according to the law, pending the entry into force of this law shall remain valid.
2. the term of preventive arrest issued by District Attorney until the entry into force of this law shall continue to produce their effects and after that date.
In cases where imprisonment ordered by the public prosecutor has not been inspected by the Court, the Prosecutor, within 24 hours following the entry into force of this law, shall submit the dossier of the case which the Court would return the competence to judge the cause of the reasoned proposal of the pre-trial detention measure, for the days that remained after deduction of 30 days the period during which the invinuitul or the defendant was arrested. The Court will proceed according to art. 146 or, where appropriate, article 3. 149 ^ 1 of the code of criminal procedure.
3. pending Causes, from the date of entry into force of the present law, will continue to be judged by the competent courts, in accordance with the provisions applicable prior to that date. In the case of the admission of the appeal or appeal, if ordering the abolition or, where appropriate, the disposal of determination and retrial, it will judge the competence of the Court, pursuant to this law.
4. The causes of the ongoing trial in military courts, after the entry into force of the present law, jurisdiction of the courts, will continue to be judged by military courts, according to the previous law.
5. in the case of rezolutiilor neincepere of the prosecution, of the Ordinances, if appropriate, times of rezolutiilor ranking, pulling out from under criminal or termination of criminal proceedings, the Prosecutor until the entry into force of this law, the time limit for bringing the complaint. 278 ^ 1 of the code of criminal procedure is a year and run from the entry into force of the present law, if not fulfilled the Statute of limitations for criminal liability.


Article X as often as other laws provide for provisions relating to the disposition of the Prosecutor of making, maintenance, and removal of the time of termination of the pre-trial detention measure, and obliging the provisional liberation not to leave town, safety measures. 113 and 114 of the penal code, the interceptarii and perchezitiilor calls, the registration, the apprehension and surrender of the correspondence sent and blamed or accused times asked its, shall apply, as appropriate, provisions laid down in article 23. I of this law.


Article XI the present law enters into force on its publication in the Official Gazette of Romania, part I, and will be implemented as follows: 1. the provisions concerning preventive arrest and search that, after the entry into force of the law;
2. other provisions from 1 January 2004.


Article XII of the Criminal Procedure Code, with subsequent amendments and additions, as well as with the changes and additions brought about by this law, shall the Republic Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Senate at its meeting on 12 June 2003, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting on 17 June 2003, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p., PRESIDENT of the CHAMBER of DEPUTIES, CHRIS June 24, Bucharest, 2003.
No. 281.
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