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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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LEGE no. 281 281 of 24 June 2003 amending and supplementing the Code of Criminal Procedure and special laws
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 468 468 of 1 July 2003



The Romanian Parliament adopts this law + Article I Code of criminal procedure, republished in the Official Gazette of Romania, Part I, no. 78 of 30 April 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 5, paragraphs 2 to 4 shall read as follows: " No person can be detained, arrested or deprived of liberty otherwise, nor can he be subject to any form of restriction of freedom except in the cases and conditions provided by law. If the one against whom the measure of preventive arrest was taken or the medical admission was ordered or a measure to restrict freedom considers that it is illegal, it is entitled, throughout the criminal proceedings, to apply to the competent court, according to law Any person who was, in the course of the criminal trial, deprived of liberty or who has been restricted, illegally or unjustly, has the right to repair the damage suffered, under the conditions provided by law. " 2. Article 5 ^ 1 is inserted after Article 5 ^ 2 with the following contents: " The presumption of innocence Article 5 ^ 2. -Any person is considered innocent until the determination of his guilt by a final criminal judgment. " 3. In Article 6, paragraph 3 shall read as follows: " The judicial bodies have the obligation to collect it, immediately and before to hear it, accused or defendant about the act for which it is investigated, its legal classification and to ensure the possibility of preparing and exercising defense. " 4. Article 7 shall read as follows: Language in which the criminal proceedings are held "" Art. 7. -In the criminal proceedings the judicial procedure is carried out in Romanian. In front of the judicial bodies shall be ensured to the parties and other persons called in the process the use of the mother tongue, the procedural documents drawn up in Romanian. " 5. Article 8 shall read as follows: "" Using official language through interpreter Article 8. -The parties who do not speak or do not understand the Romanian language or cannot express themselves are assured, free of charge, the possibility to take cognizance of the pieces of the file, the right to speak, as well as the right to make conclusions in court, through the interpreter. " 6. in Article 10 (1), after letter i), insert letter i ^ 1) with the following contents: "" i ^ 1) there is a cause of unpunishment provided by law; " 7. In Article 13, the marginal name and paragraphs 1 and 3 shall read as follows: " Continuation of criminal proceedings in case of amnesty, prescription or withdrawal of prior complaint or existence of a cause of non-punishment Article 13. -In case of amnesty, prescription or withdrawal of prior complaint, as well as in the case of the existence of a cause of unpunishment, the accused or the defendant may demand the continuation of the criminal proceedings. ................................................................. If any of the cases provided for in art. 10 10 para. 1 lit. a)-e), the prosecutor orders the termination of the prosecution, except in the cases provided for in 10 10 para. 1 lit. i) and i ^ 1), and the court rules the termination of the criminal proceedings. " 8. in Article 14, after paragraph 4, paragraph 5 is inserted as follows: "Civil action may have as its object and the holding of civil liability for the repair of moral damages,-according to civil law." 9. Article 17 shall read as follows: " Exercise of civil action ex officio Article 17. -Civil action shall be started and exercised, and ex officio, when the injured person is a person without exercise capacity or with restricted exercise capacity. For this purpose, the prosecution body or the court will ask the injured person that, through his legal representative, or, as the case may be, the person who approves his documents, to present the situation regarding the extent of the material damage and moral damages, as well as data on the facts by which they were caused. The court is obliged to rule ex officio on the repair of damage and moral damages, even if the injured person is not a civil party. " 10. In Article 18, paragraph 2 shall read as follows: "When the injured person is a person without exercise capacity or with restricted exercise capacity, the prosecutor, when he participates in the judgment, is obliged to support his civil interests, even if no civil party is constituted." 11. In Article 19, paragraph 1 shall read as follows: "" Art. 19. -The injured person who was not a civil party in the criminal proceedings may bring to the civil court action to repair the material damage and moral damages caused by the crime. " 12. In Article 20, paragraphs 2 and 3 shall read as follows: " In cases where civil action has been exercised ex officio, if it is found from new evidence that damage and moral damage have not been fully repaired, the difference may be required by way of a civil court action. Also, the injured person can address with action to the civil court for the repair of the material damage and the moral damages that were born or were discovered after the criminal decision of the first instance. " 13. in Article 25, paragraph 2 is inserted as follows: "The court also settles other specific cases provided by law." 14. Article 26 shall read as follows: " Military court jurisdiction Article 26. -Military Court: 1. Judge in the first instance: a) the offences provided in art. 331-352 of the Criminal Code, as well as other crimes committed in connection with the duties of service, committed by the military to the rank of colonel including, except those given in the competence of other courts; b) the crimes provided by the Criminal Code in art. 348-354, committed by civilians; 2. judge and resolve other specific causes provided by law. " 15. In Article 27, point 4 shall read as follows: "" 4. Resolves the conflicts of competence arising between the courts of his constituency, as well as other specific cases provided by law. " 16. Article 28 shall read as follows: " The jurisdiction of the territorial military tribunal Article 28. -Territorial Military Court: 1. Judge in the first instance: a) the offences mentioned in art. 27 27 section 1 lit. a)-e), committed in connection with the duties of service, by the military to the rank of colonel inclusive; b) other crimes given by law in its competence; 2. as a court of appeal, judges appeals against judgments handed down in the first instance by military tribunals, except for the offences referred to in art. 279 279 para. 2 lit. a) and of crimes against military order and discipline, sanctioned by law with the prison sentence of no more than 2 years; 3. as a court of appeal, it judges appeals against decisions rendered by military courts in the case of crimes referred to in art. 279 279 para. 2 lit. a) and of crimes against military order and discipline, sanctioned by law with the prison sentence of no more than 2 years, as well as in other specific cases provided by law; 4. Resolves the conflicts of competence arising between the military courts of his constituency, as well as other specific cases provided by law. " 17. In Article 28 ^ 1, point 1, letter c) shall read as follows: "c) the offences committed by the judges, prosecutors and financial controllers of the chambers of county accounts, as well as by the financial controllers of the Court of Auditors;" 18. Article 28 ^ 1, point 1, points e) and f) shall be repealed. 19. In Article 28 ^ 1, point 4 shall read as follows: " 4. Resolves the conflicts of jurisdiction arising between the courts or between the judges and tribunals of his constituency or between the judges of the constituency of different courts in the constituency of the Court, as well as other specific cases provided by law. " 20. in Article 28 ^ 1, after point 4, point 5 is inserted as follows: "" 5. Resolves the requests by which the extradition or transfer of persons convicted abroad has been requested. " 21. In Article 28 ^ 2, point 1 (a) and (4) shall read as follows: " a) the offences provided by the Criminal Code in art. 155 155-173 and art. 356-361, committed by the military; ................................................................... 4. Resolves the conflicts of competence arising between territorial military courts or between military tribunals and territorial military tribunals or between military tribunals within the competence of different territorial military tribunals, as well as other specific cases provided by law. " 22. in Article 29, paragraph 1, points c), d) and f) shall read as follows: " c) the crimes committed by the judges of the Constitutional Court, the members, judges and prosecutors of the Court of Auditors, the President of the Legislative Council and the Ombudsman; d) crimes committed by marshals, admirals, generals and quaestors; ................................................................... f) the crimes committed by the judges and assistant magistrates of the Supreme Court of Justice, the judges of the courts of appeal and the Military Court of Appeal, as well as prosecutors from the prosecutor's offices of these courts and prosecutors National Anti-Corruption Prosecutor's Office 23. In Article 29, paragraph 2, letter c) shall read as follows: "c) appeals against criminal decisions rendered, in the first instance, by the criminal section of the Supreme Court of Justice, as well as other cases provided by law;" 24. in Article 29, point 5, after point c), the following point (d) is inserted: "d) other specific cases provided for by law." 25. In Article 30, paragraph 3 shall read as follows: " When the prosecution is carried out by the Prosecutor's Office of the Supreme Court of Justice or by the prosecutor's offices of the appellate courts or by the courts or by a central or county research body, the prosecutor, by indictment, establishes which of the courts provided in par. 1 has the power to judge, taking into account that, in relation to the circumstances of the case, the proper conduct of the criminal proceedings is ensured. " 26. In Article 31, paragraph 1 shall read as follows: "" Art. 31. -The crimes committed outside the territory of the country are judged, as the case may be, by the civil or military courts in whose constituency the perpetrator is domiciled or lives. If he is not domiciled and does not live in Romania, and the act is the competence of the court, he is judged by the District Court 2, and in the other cases, by the competent court Bucharest, except when the law is ordered otherwise. " 27. In Article 35, paragraph 3 shall read as follows: " If the civil court is superior to the degree, the jurisdiction lies with the military court equivalent to the civil court. If the higher civil court is the Supreme Court of Justice, the jurisdiction lies with it. 28. In Article 40, paragraph 1 shall read as follows: "" Art. 40. -When the jurisdiction of the court is determined by the quality of the defendant, the court remains competent to judge even if the defendant, after committing the crime, no longer has that quality, in cases when: a) the act is related to the duties of the perpetrator; b) a decision was given in the first instance. " 29. in Article 45, after paragraph 1, paragraphs 1 ^ 1 and 1 ^ 2 shall be inserted as follows: " The provisions of art. 35 35 para. 4 does not apply if the removal from prosecution or termination of prosecution was ordered by a military prosecutor. The declination of competence is ordered by the ordinance. " 30. In Article 48, letter a) shall read as follows: "a) set in motion the criminal action, issued the provisional preventive arrest warrant or ordered the prosecution or put conclusions in substance as prosecutor at the court;" 31. Article 49 shall have the following marginal name: "" Incompatibility of the prosecutor, the criminal investigation body, the assistant magistrate and the clerk " 32. In Article 49, paragraphs 1 to 3 shall read as follows: "" Art. 49. --Provisions art. 46 applies to the prosecutor and the assistant magistrate or, as the case may be, to the hearing clerk, when the cause of incompatibility exists between them or between any of them and one of the members of the court. Provisions on cases of incompatibility provided for in art. 48 lit. b)-d) applies to the prosecutor, the person carrying out the criminal investigation, the assistant magistrate and the hearing clerk. The prosecutor who set the criminal action in motion, issued an arrest warrant or ordered the prosecution cannot put conclusions to trial the case, and the prosecutor who participated as a judge to settle the case in the first instance cannot She makes her judgment in appeals. " 33. In Article 52, paragraphs 1 and 5 shall read as follows: "" Art. 52. -The abstention or recusal of the judge, the prosecutor, the assistant magistrate or the clerk shall be settled by another complete, in the secret meeting, without the participation of the one who declares to abstain or who is recused. ................................................................... The abstention or recusal that concerns the entire court must include the concrete indication of the incompatibility case in which each judge is located and shall be settled by the superior hierarchical court. It shall, in the event of the establishment of an abstention or recusal, designate for the trial of the case an instance equal to the court before which the abstention or recusal has occurred. " 34. in Article 52, after paragraph 5, the following paragraph 5 is inserted: " In cases where defendants are remanded in custody, when the entire court is recused, the superior hierarchical court competent to settle the request for recusal, before ruling on the recusal, orders the pre-trial detention in the conditions provided by law. " 35. in Article 52, after paragraph 6, paragraph 7 is inserted as follows: " The conclusion by which the recusal has been rejected can only be appealed, within 48 hours from the time of delivery, and the file shall be forwarded, immediately, to the appeal court. The appeal shall be adjudicated within 48 hours from the time of receipt of the file, 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 the prosecution, on the abstention or recusal of the person carrying out the criminal investigation or the prosecutor shall pronounce the prosecutor who oversees the criminal investigation or the superior hierarchical 37. In Article 56, paragraph 4 shall read as follows: "The request made by the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice suspends the trial of the case." 38. In Article 63, paragraph 2 shall read as follows: " The evidence has no predetermined value. The assessment of each evidence shall be made by the prosecution body or by the court following the examination of all the evidence administered, for the purpose of finding the truth. " 39. in Article 64, paragraph 2 is inserted as follows: "The illegally obtained means of evidence cannot be used in the criminal proceedings." 40. In Article 66, the marginal name and paragraph 1 shall read as follows: " The right to sample the lack of merits of the evidence Article 66. -The accused or the defendant benefits from the presumption of innocence and is not obliged to prove his innocence. " 41. In Article 70, paragraphs 2 and 3 shall read as follows: " The accused or defendant is then brought to the attention of the act forming the object of the case, the right to have a defender, as well as the right to make no statement, while drawing attention to him that what he declares can also be used. against him. If the accused or the defendant gives a statement, he is considered to declare everything he knows about the deed and the accusation against him. If the accused or the defendant consents to give a statement, the prosecution body, before listening to him, asks him to give a statement, written personally, on the accusation against him. " 42. In Article 73, paragraph 1 shall read as follows: "" Art. 73. -The statements of the accused or defendant shall be recorded in writing. Each declaration will also record the start time and the time of the conclusion of the hearing of the accused or the defendant. The written statement reads to him, and if he asks, he is given to read it. When she agrees with her content, she signs it on every page and at the end. " 43. Article 74 shall read as follows: " Listening to the accused or the defendant at his whereabouts Article 74. -Whenever the accused or the defendant finds himself in impossibility to appear to be heard, the prosecuting body or the court shall proceed to hear him at his whereabouts, except in cases where he or she is not. the law provides otherwise. " 44. In Article 76, paragraph 2 shall read as follows: " Before obedience, the injured person is given that he can participate in the trial as an injured party, and if he suffered material damage or moral damage, that he can be a civil party. It is also pointed out to him that the declaration of participation in the trial as an injured party or of establishment as a civil party can be made throughout the criminal investigation, and before the first court of law, until the reading of the notice of referral. " 45. After Article 86, Articles 86 ^ 1-86 ^ 5 are inserted with the following contents: " Protection of witness identification data Art. 86 ^ 1. -If there is evidence or thorough indications that by declaring the actual identity of the witness or his or her locality of residence or residence would be endangered the life, bodily integrity or freedom of or of another person, the witness shall be may consent not to declare this data, assigning it to another identity under which it is to appear before the judicial body. This measure may be ordered by the prosecutor in the course of the prosecution, and in the course of trial by the court, at the reasoned request of the prosecutor, the witness or any other entitled person. The data about the actual identity of the witness is recorded in a minutes, which will be kept, at the headquarters of the prosecutor's office that carried out or supervised the prosecution or, as the case may be, at the court premises, in a special place, in the envelope sealed, in maximum safety. The minutes will be signed by the one who submitted the request, as well as the one who ordered the measure. Documents regarding the actual identity of the witness will be presented to the prosecutor or, as the case may be, to the court panel, under strict confidentiality conditions. In all cases, documents on the witness's actual identity will be entered in the criminal case only after the prosecutor, by order or, as the case may be, the court, by conclusion, found that the danger that prompted the taking protective measures of the witness. Witness statements to which another identity was assigned, rendered in the prosecutor's minutes according to art. 86 ^ 2 para. 5, as well as the witness's statement, recorded in the course of the judgment and signed by the prosecutor who was present at the hearing of the witness and the president of the court panel, according to art. 86 ^ 2 para. 6, sentence I, may serve to find the truth only to the extent that they are corroborated by facts and circumstances resulting from the whole of the existing evidence in question. They can be heard as witnesses assigned to another identity and undercover investigators. The provisions referred to in paragraph 1-6 shall also apply to experts. Special ways of listening to the witness Art. 86 ^ 2. -In the situations provided in art. 86 ^ 1, if there are appropriate technical means, the prosecutor or, as the case may be, the court may admit to be the witness heard without being physically present at the place where the prosecuting body is located or in the room where the meeting is held judgment, by means of technical means provided for in the following paragraphs Taking the witness's statement, under the conditions shown in par. 1, is in the presence of the prosecutor The witness can be heard via a television network with the distorted image and voice, so that it cannot be recognized. The statement of the witness heard, under the conditions shown in par. 1 and 2, shall be recorded by technical means of video and audio and shall be rendered in full in written form. In the course of the prosecution, a report is drawn up in which the statement of the witness is accurately played and it is signed by the prosecutor who was present at the hearing of the witness and the prosecution body and is filed with the case file. The witness's statement, transcribed, will also be signed by him and will be kept in the file submitted to the prosecutor's office, in a special place, in sealed envelope, in maximum safety. In the course of the judgment, the witness's statement will be signed by the prosecutor who was present at the hearing of the witness and the presiding judge. The witness's statement, transcribed, will also be signed by the witness, being kept in the file submitted to the court, under the conditions provided in par. 5. The video and audio tapes on which the witness statement was recorded, in original, sealed with the seal of the prosecutor's office or, as the case may be, of the court before which the declaration was made, shall be kept under the conditions provided in par. 5. Video and audio tapes recorded in the course of the prosecution will be submitted at the end of the prosecution of the competent court, together with the case file, and will be kept under the same conditions. Art. 78 78, 85 and art. 86 86 para. 1 1 and 2 shall apply accordingly. Checks on the means of listening to witnesses Art. 86 ^ 3. -The court may, at the request of the prosecutor, admit the parties or ex officio, carry out a technical expertise on the means by which the witnesses were heard, under the conditions provided in art. 86 86 ^ 2. Hearing of witnesses under 16 in certain cases Art. 86 ^ 4. -In cases concerning crimes of violence between members of the same family, the court may order that the witness under 16 not be heard in the court hearing, admitting the presentation of a hearing carried out beforehand, by records audio-video, under art. 86 ^ 2 para. 2 2, 4, 5 and 7. Protection of witness movements Art. 86 ^ 5. -The prosecutor who conducts or supervises criminal investigation or, as the case may be, the court may order that police bodies supervise the witness's domicile or residence or provide him with a supervised temporary residence as well as to accompany him to the headquarters of the prosecutor's office or the court and back to his home or residence. The measures provided for in paragraph 1 will be raised by the prosecutor or, as the case may be, by the court, when it is found that the danger that imposed their taking has ceased. 46. After Article 89, the following Article 89 ^ 1 is inserted: "" Art. 89 89 ^ 1. -The forms in which any declaration is to be recorded, in the prosecution phase, will be in advance recorded and serialized, as forms with special regime, and after completion will be entered in the case file. " 47. Section V ^ 1 of Chapter II of Title III of the general part shall read as follows: " SECTION V ^ 1 Intercepts and audio or video recordings Conditions and cases of interception and recording of calls or communications Art. 91 ^ 1. -Intercepts and records on magnetic tape or any other type of support of calls or communications will be carried out with the reasoned authorization of the court, at the request of the prosecutor, in the cases and under the conditions provided by law, if they are thorough data or indications regarding the preparation or commission of a crime for which the prosecution is carried out ex officio, and interception and registration shall be required for the finding of the truth. The authorization is given by the president of the court to whom the jurisdiction would return to judge the case in the first instance, in the council chamber Interception and recording of calls shall be required to find the truth, when determining the factual situation or identification of the perpetrator cannot be carried out on the basis of other evidence. Interception and recording of conversations or communications may be authorized in the case of crimes against national security provided by the Criminal Code and other special laws, as well as in the case of narcotics trafficking offences, traffic of arms, human trafficking, acts of terrorism, money laundering, counterfeiting of coins or other values, in the case of offences provided by Law no. 78/2000 for the prevention, discovery and sanctioning of corruption or other serious crimes that cannot be discovered or whose perpetrators cannot be identified by other means or in the case of crimes committed by means of telephone communication or other means of telecommunications. Authorization shall be given for the duration necessary for registration, up to no more than 30 days. The authorisation may be extended under the same conditions, for duly justified reasons, each extension not exceeding 30 days. The maximum duration of the authorized records is 4 months. The measures ordered by the court will be lifted before the expiry of the duration for which they were authorised, as soon as they have ceased their reasons. The records provided in par. 1 may also be made at the reasoned request of the injured person regarding the communications addressed to him, with the authorization of the court. The authorization of interception and recording of conversations or communications is done by reasoned conclusion, which will include: concrete indications and facts that justify the measure; the reasons for which the measure is indispensable to the finding of truth; the person, means of communication or place subject to supervision; the period for which interception and registration are authorised. Organs that carry out interception and recording Art. 91 ^ 2. -The prosecutor shall personally proceed to the intercepts and records provided in art. 91 1 or may order that they be carried out by the criminal investigation body. Persons who are called to give technical competition to intercepts and records are obliged to keep the secret of the operation carried out, violation of this obligation being punished according to the Criminal Code. In case of emergency, when the delay in obtaining the authorization provided for in art. 91 ^ 1 para. 1 would cause serious damage to the activity of tracking, the prosecutor may order, on a provisional basis, by reasoned order, interception and registration on magnetic tape or on any other type of support of calls or communications, communicating this court immediately, but no later than 24 hours. The court must rule in no more than 24 hours on the prosecutor's order and, if it confirms it and is necessary, will order the further authorization of the interception and registration, under the conditions of art. 91 ^ 1 para. 1-3. If the court does not confirm the prosecutor's order, it must order the termination, immediately, of intercepts and records and destruction of those carried out. The court orders, until the end of the prosecution, to bring to the attention, in writing, to persons whose conversations or communications were intercepted and recorded, the data to which they were carried out. Record certification Art. 91 ^ 3. -About making intercepts and records mentioned in art. 91 ^ 1 and 91 ^ 2, the prosecutor or the criminal investigation body shall draw up a report stating the authorization given by the court for their performance, the number or number of telephone posts between which the conversations were held, the name persons who have carried them, if known, the date and time of each call in part and the number of orders of the magnetic strip or any other type of support on which the printing is made. Recorded conversations are fully rendered in written form and attached to the minutes, with the certification for authenticity by the criminal investigation body, verified and countersigned by the prosecutor carrying out or overseeing the prosecution. criminal in question. If the prosecutor proceeds to intercepts and records, the certification for authenticity is made by him, and the verification and countersign, by the superior hierarchical prosecutor. Correspondences in a language other than the Romanian one are transcribed in Romanian, through an interpreter. The minutes attach to the magnetic strip or any other type of support, which contains the recording of the conversation, sealed with the seal of the criminal prosecution body. The magnetic tape or any other type of support with the recording of the conversation, its written rendering and the minutes shall be submitted to the court which, after hearing the prosecutor and the parties, decides which of the information collected is of interest in the research and resolution of the case, concluding a report in this regard. Conversations or communications containing state or professional secrets shall not be mentioned in the minutes. If the commission of crimes takes place through conversations or communications containing state secrets, the record is made in separate minutes, and the provisions of art. 97 97 para. 3 3 shall apply accordingly. Magnetic tape or any other type of support, accompanied by full transcription and copies of the minutes, shall be kept at the court Registry, in special places, in sealed envelope. The court may approve, at the reasoned request of the defendant, the civil party or their lawyer, the consultation of the parties in the registration and the full transcript, filed with the graft, which are not recorded in the minutes. The court orders the destruction of records that have not been used as evidence in question. The other records will be kept until the file is archived. The recording of the conversations between the lawyer and the litigant cannot be used as a means of proof. Other records Art. 91 ^ 4. -Conditions and modalities for making intercepts and records provided for in art. 91 ^ 1 -91 ^ 3 are applicable, accordingly, and in case of recording of calls made by other means of telecommunication, authorized under the law. Image recordings Art. 91 ^ 5. --Provisions art. 91 ^ 1 and 91 ^ 2 shall also apply accordingly in the case of recording images, and the procedure for their certification is that provided for in art. 91 91 ^ 3, except in the written form, as the case may be. Verification of means of proof Art. 91 ^ 6. -The means of proof provided for in this section may be subject to technical expertise at the request of the prosecutor, the parties or ex officio. The records provided for in this section, presented by the parties, may serve as means of proof, unless prohibited by law. " 48. In Article 97, paragraphs 1 and 3 shall read as follows: "" Art. 97. -Any natural person or legal person, in possession of which there is an object or an inscription that may serve as a means of proof, is obliged to present it and to surrender it, under the taking of proof, to the prosecution body or to the court, at their request. ................................................................... If the object or the inscription has a secret or confidential nature, the presentation or the handover shall be made in conditions to ensure the preservation of the secrecy or confidentiality. " 49. In Article 98, paragraph 1 shall read as follows: "" Art. 98. -The court, at the prosecutor's proposal, in the course of the prosecution, or ex officio, in the course of the judgment, may order that any postal or transport unit shall retain and hand over the letters, telegrams and any other correspondence, or objects sent by the accused or the defendant, or addressed to him, either directly or indirectly. " 50. in Article 98, after paragraph 1, paragraphs 1 ^ 1 and 1 ^ 2 shall be inserted as follows: " The measure provided in par. 1 it is ordered if the conditions shown in art. 91 ^ 1 para. 1 and according to procedure there provided. Detention and surrender of letters, telegrams and any other correspondence or objects referred to in par. 1 may be ordered, in writing, in urgent and thoroughly justified cases and by the prosecutor, who is obliged to inform immediately about this court. " 51. Articles 100 and 101 will read as follows: " The search Article 100. -The search can be home or body. When the person who was asked to teach any object or any inscription among those shown in art. 98 deny the existence or possession thereof, as well as whenever there are thorough indications that conducting a search is necessary for the discovery and collection of evidence, the court, at the request of the prosecutor, in the course prosecution, or ex officio, in the course of judgment, may order, in writing and reasoned, its conduct. In urgent and thoroughly justified cases, in the course of the prosecution, the prosecutor may also order, in writing and motivated, the conduct of the search, being obliged to inform, immediately, about this court. The search can only be ordered after the prosecution was started, except for flagrant crimes and whenever the law has otherwise. The search cannot be ordered prior to the start of the prosecution except with the consent of the person concerned. House search in the course of prosecution Article 101. -The search ordered during the prosecution, according to art. 100, shall be carried out by the prosecutor or the criminal investigation body, accompanied, as the case may be, by operational workers. " 52. Article 103 shall read as follows: " The time of the search Article 103. -The erection of objects and documents, as well as the house search can be made between 6,00-20,00, and in the other hours only in case of flagrant crime or when the search is to be carried out in a public place. The search started between 6,00-20,00 can continue during the night. " 53. In Article 104, paragraphs 1 and 3 shall read as follows: "" Art. 104. -The judicial body to carry out the search is obliged, in advance, to legitimize itself and, in the cases provided by law, to present the authorization given by the court or, as the case may be, the prosecutor's. ................................................................... These operations shall be carried out by the judicial body in the presence of assistants. " 54. In Article 111, the marginal name, introductory part and letter a) shall read as follows: " Special provisions on public establishments and other legal entities Article 111. -The provisions of this Section shall apply accordingly, and where procedural acts are carried out at a unit of those to which art is concerned. 145 of the Criminal Code or to another legal person, provisions to be completed as follows: a) the judicial body is legitimized and, as the case may be, depicts the representative of the public unit or other legal person the given authorization; 55. Article 120, paragraph 5 shall be repealed. 56. In Article 128, paragraph 1 shall read as follows: "" Art. 128. -When one of the parties or another person to be heard does not know the Romanian language or cannot express himself, the prosecution body or the court of law shall ensure free of charge the use of an interpreter. The interpreter may be designated or chosen by the parties; in the latter case, he must be an authorized interpreter, according to the law. " 57. Article 136 shall read as follows: " The purpose and categories of preventive Art. 136. -In cases concerning crimes punishable with detention for life or imprisonment, in order to ensure the proper conduct of the criminal trial or to prevent the absconding of the accused or defendant from prosecution, from trial. or from the execution of the sentence, one of the following preventive measures may be taken against him: a) retention; b) the obligation not to leave the locality; c) the obligation not to leave the country; d) pre-trial detention. The aim of preventive measures can also be achieved by provisional release under judicial control or on bail. The measure provided for in paragraph 1 lit. a) may be taken by the criminal investigation body or the prosecutor. The measures provided for in paragraph 1 lit. b) and c) can be taken by the prosecutor, in the course of prosecution, or by the court, in the course of the judgment. The measure provided for in paragraph 1 lit. d) can be taken by the court and, in the cases provided by law, also by the prosecutor, as a provisional measure, in the course of criminal prosecution. The measure of preventive arrest cannot be ordered in the case of crimes for which the law alternately provides for the penalty The provisional release is ordered by the court. The choice of the measure to be taken shall be made taking into account its purpose, the degree of social danger of the crime, health, age, history and other situations concerning the person to whom the measure is taken. " 58. In Article 137 ^ 1, paragraph 2 shall read as follows: " When the preventive arrest of the accused or defendant is ordered, the court or, as the case may be, the prosecutor incunostinteaza about the measure taken, within 24 hours, a member of his family or another person he designates. the accused or the defendant, recording this in a minutes. " 59. in Article 137 ^ 1, after paragraph 2, paragraph 3 is inserted as follows: " The one detained may ask to be pleased about the measure taken by a family member or one of the persons shown in par. 2. Both the request of the detained and the incunostintation shall be recorded in a minutes. Exceptionally, if the criminal investigation body considers that this would affect the prosecution, it informs the prosecutor, who will decide on the notice requested to be detained. " 60. Article 138 shall read as follows: " Prosecutor's referral for taking preventive measures Art. 138. -If the criminal investigation body considers that it is appropriate to take one of the measures provided for in art. 136 136 para. 1 lit. b)-d), forward in this regard a reasoned reference to the prosecutor. In the case of measures provided for in 136 136 para. 1 lit. b) and c), the prosecutor is obliged to rule within 24 hours. In the case of the measure provided in 136 136 para. 1 lit. d), the prosecutor, if he considers that the conditions provided by law are met, proceed, as the case may be, according to art. 146 146 or 149 ^ 1. " 61. In Article 139, paragraph 3 shall read as follows: " If the preventive measure was taken, in the course of criminal prosecution, by the court or prosecutor, the criminal investigation body has the obligation to immediately inform the prosecutor about the change or termination of the grounds that motivated the taking preventive measure. ' 62. In Article 139, after paragraph 3, paragraphs 3 ^ 1-3 and 5 shall be inserted as follows: " When the preventive measure was taken, during the prosecution, by the prosecutor or the court, the prosecutor, if he considers that the information received from the criminal investigation body justifies the replacement or revocation of the measure, orders this or, as the case may be, notify the court. The prosecutor is also obliged to notify the court, for the replacement or revocation of the preventive measure taken by him, when he finds himself that there is no longer the basis that justified the taking of the measure. The preventive measure is revoked ex officio and when it was taken in violation of the legal provisions, ordering, in the case of detention and preventive arrest, the immediate release of the accused or the defendant, if he is not arrested in another case. Also, if the court finds, based on a forensic expertise, that the one remanded in custody suffers from a disease that puts him unable to bear the detention regime, he has, on request or ex officio, the revocation of the arrest measure, both in the case in which it took this measure, and in the case of provisional arrest ordered by the prosecutor. The measure of preventive arrest may be replaced by one of the measures provided by art. 136 136 para. 1 lit. b) and c). " 63. In Article 140, paragraphs 2 and 3 shall read as follows: " The measure of preventive arrest ceases by law and when, before the delivery of a judgment of conviction in the first instance, the duration of the arrest reached the half of the maximum sentence provided by law for the offence subject to the charge, without being able to exceed, during the criminal investigation, the maximum provided for in art. 159 159 para. 13, as well as in other specific cases provided by law. In the cases shown in paragraph 1 and 2, the court, ex officio or the prosecutor's complaint, or the prosecutor in the case of detention or provisional preventive arrest, ex officio or following the information of the criminal investigation body, has the obligation to order the immediate freedom of the detained or arrested, sending the administration of the holding place a copy of the device or order or an extract containing the following particulars: the data necessary for the identification of the accused or the defendant, the number the arrest warrant, the number and the date of the order, the conclusion or the judgment in which the willing to be free, as well as the legal basis for release. " 64. Article 140 ^ 1 shall read as follows: " Complaint against the order of the criminal investigation body or the prosecutor regarding the detention measure Art. 140 ^ 1. -Against the ordinance of the criminal investigation body by which the preventive measure of detention was taken can complain, before the expiry of the 24 hours after the measure was taken, to the prosecutor overseeing the criminal investigation, and against the order of the prosecutor by which this measure was taken can be complained, before the expiry of 24 hours, at the first prosecutor of the prosecutor's office or, as the case may be, at the superior hierarchical prosecutor, under the conditions of art. 278 278 para. 1 1 and 2. The prosecutor shall rule by order before the expiry of the 24 hours after the detention measure is taken. When he considers that the detention measure is illegal or not justified, the prosecutor orders her revocation. " 65. After Article 140 ^ 1, Articles 140 ^ 2 and 140 ^ 3 are inserted with the following contents: " Complaint against the prosecutor's order on preventive measures provided in art. 136 lit. b) and c) Art. 140 ^ 2. -Against the order of the prosecutor ordering the measure of obligation not to leave the locality or the obligation to not leave the country, the accused or the defendant can complain within 3 days of taking the measure, to the court He would be competent to judge the case in the first instance. The complaint will be settled in the council chamber. Citation of the accused or defendant is mandatory. Failure to present it does not prevent the complaint. The prosecutor's participation in judging the complaint is mandatory. The case will be submitted to the court within 24 hours and the complaint is resolved within 3 days. The court rules on the same day, by closing. When it considers that the preventive measure is unlawful or not justified, the court orders its revocation. The complaint of the accused or defendant against the prosecutor's order, ordering the preventive measure, is not suspensive of execution. The file is returned to the prosecutor within 24 hours of the complaint. The appeal against the conclusion given by the court in the course of the prosecution of pre-trial detention Art. 140 ^ 3. -Against the conclusion of the court, ordering, during the prosecution, the taking of the measure of preventive arrest of the accused or the defendant, as well as against the conclusion ordering the revocation, replacement, termination or maintenance preventive arrest, the accused or the defendant and the prosecutor can appeal to the higher court within 24 hours of the ruling, for those present, and from the communication, for the missing. The appeal will be settled in the council chamber. The accused or the arrested defendant will be brought before the court and will be heard in the presence of his defender. If he is admitted to hospital and due to the state of health cannot be brought to court or in other cases where his movement is not possible, the appeal will be examined in the absence of the defendant, but only in the presence the defender, who is given the floor to draw conclusions. The prosecutor's participation in the appeal is mandatory. The case will be submitted to the appeal court within 24 hours, and the appeal is resolved within 48 hours, in case of arrest of the accused, and in 3 days, in case of arrest of the defendant. The court rules on the same day, by closing. When it considers that the preventive measure is unlawful or not justified, the court orders its revocation and the immediate release of the accused or the defendant, if he is not arrested in another case. The appeal of the accused or defendant against the conclusion by which the preventive measure was ordered is not suspensive of execution. The file shall be returned to the court whose conclusion was appealed within 24 hours of the resolution of the appeal. " 66. Article 141 shall read as follows: " The appeal against the conclusion rendered by the court in the course of the judgment on preventive measures Article 141. -The conclusion given in the first instance and on appeal, ordering the removal, revocation, replacement, termination or maintenance of a preventive measure or by which the termination of the preventive arrest is established, can be appealed separately, with appeal, by the prosecutor or the defendant. The term of appeal is 24 hours and flows from the pronouncement, for those present, and from communication, for the missing. The case will be submitted to the appeal court within 24 hours, and the appeal is adjudicated in 3 days. The appeal court will return the file to the first court within 24 hours of the appeal. The appeal declared against the conclusion by which it was ordered to take or maintain a preventive measure or found the termination of the right of preventive arrest is not suspensive of execution. " 67. In Article 143, paragraph 1 shall read as follows: "" Art. 143. -The measure of detention can be taken by the criminal investigation body against the accused, if there are evidence or thorough indications that he committed a deed provided by the criminal law. The criminal investigation body is obliged to collect, immediately, the prosecutor on the taking of the detention measure. " 68. In Article 143, after paragraph 1, paragraphs 1 ^ 1 and 1 ^ 2 shall be inserted as follows: " The criminal investigation body will inform the accused that he has the right to hire his defender. It is also known to him that he has the right to make no statement, drawing attention to him that what he declares can also be used against him. The detention measure can also be taken by the prosecutor, under the conditions of para. 1 and 1 ^ 1, in which case the head of the prosecutor's office of which he belongs. " 69. In Article 144, paragraphs 1 and 3 shall read as follows: " The measure of detention can take no more than 24 hours. From the duration of the detention measure the time is deducted how much the person was deprived of liberty as a result of the administrative measure of management at the police headquarters, provided art. 31 31 para. 1 lit. b) of Law no. 218/2002 on the organization and functioning of the Romanian .................................................................... When the criminal investigation body considers that it is necessary to take the measure of preventive arrest, forward to the prosecutor, in the first 10 hours after the detention of the accused, once with the knowledge to which art refers. 143 143 para. 1, a reasoned reference. The prosecutor, if he considers that the conditions provided by law for taking the measure of preventive arrest are met, proceed, within the deadline provided in par. 1, according to art. 146 146. " 70. in Article 144, after paragraph 3, paragraph 4 is inserted as follows: " When the detention measure is taken by the prosecutor, if he considers it necessary to take the measure of preventive arrest, proceed, within 10 hours of taking the detention measure, according to art. 146 146. " 71. In Article 145, paragraphs 1 and 2 shall read as follows: "" Art. 145. -The measure of obligation not to leave the locality consists in the duty imposed on the accused or defendant by the prosecutor, in the course of criminal prosecution, or by the court, in the course of judgment, not to leave the locality where he lives, without the consent of the body that ordered the measure. The measure may be taken only if the conditions laid down in art. 143 143 para. 1. During the criminal investigation, the duration of the measure referred to in 1 may not exceed 30 days, unless it is extended, under the law. The measure of the obligation not to leave the locality can be extended during the criminal investigation, in case of necessity and only motivated. The extension is ordered by the court to which it would be competent to judge the case in substance, each extension not being able to exceed 30 days. Art. 159 159 para. 7 7-9 and 13 shall apply accordingly. ' 72. in Article 145, after paragraph 2, paragraph 2 is inserted with the following contents: "The copy of the prosecutor's order or, as the case may be, of the conclusion of the court, remaining final, shall be communicated to the accused or the defendant, respectively to the police station in whose territorial area the accused or the defendant lives." 73. After Article 145 of Section III of Chapter I of Title IV of the General Part, Section III ^ 1, called "Obligation not to leave the country", and Article 145 ^ 1, is inserted, with the following contents: "" SECTION III ^ 1 Obligation not to leave the country Obligation not to leave the country Art. 145 ^ 1. -The measure of obligation not to leave the country consists of the duty imposed on the accused or defendant, by the prosecutor, in the course of prosecution, or by the court in the course of judgment, not to leave the country without the consent of the body that ordered this measure. Art. 145 145 shall also apply to the extent of the obligation not to leave the country. The copy of the prosecutor's order or, as the case may be, of the conclusion of the court, remaining final, shall be communicated, as the case may be, to the accused or to the defendant and to the police station in whose territorial area he resides, as well as the border organs. The bodies in law refuse to issue the passport or, as the case may be, provisionally lift the passport during the measure 74. Article 146 shall read as follows: " Arrest of the accused in the course of prosecution Art. 146. -If the conditions laid down in art. 143 and there is evidence from which any of the cases provided for in art. 148, the prosecutor, ex officio or at the complaint of the criminal investigation body, when he considers that in the interest of prosecution it is necessary to arrest the accused, after hearing him only in the presence of the chosen defender or when he, being the notified shall not be present, of the one appointed ex officio, shall order, by reasoned order, its provisional pre-trial detention, showing the grounds justifying the taking of the measure and fixing the duration of the provisional arrest, which may not exceed 3 days. At the same time, the prosecutor issues a warrant for provisional preventive arrest of the accused The term of office shall contain, accordingly, the particulars shown in art. 151 151 para. 3 lit. a)-c), e) and j), as well as the name and surname of the accused and the duration for which his arrest is ordered. If the accused is in a state of detention, the 3 days shall be calculated from the date of issue of the detention warrant. Within 24 hours of the issuance of the provisional preventive arrest warrant, the prosecutor presents the case file to the court to which the jurisdiction would return to judge the case in substance or to the appropriate court in whose constituency the seat of detention, with the motivated proposal to take the measure of preventive arrest of the accused, if there are grounds to justify this measure. Upon presentation of the file by the prosecutor, the president of the court or the judge delegated by him fixes the day and time of resolution of the preventive arrest proposal, until the expiry of the provisional preventive arrest warrant issued by the prosecutor, which he communicates both to the chosen defender or ex officio and to the prosecutor, the latter being obliged to ensure the presence before the court of the accused provisionally arrested. The proposal for pre-trial detention is settled in the council chamber by a single judge. The accused is brought to court and will be assisted by the defender. Art. 149 ^ 1 para. 8 8 and art. 150 150 shall apply accordingly. The prosecutor's participation is mandatory After hearing the accused, the court admits or rejects the proposal for preventive arrest, on the same day, by reasoned conclusion. If the conditions laid down in paragraph are met. 1, the court orders, by conclusion, the preventive arrest of the accused, before the expiry of the duration of the provisional arrest ordered by the prosecutor, showing in concrete the grounds that justify taking the measure of preventive arrest and fixing its duration, which may not exceed 10 days. At the same time, the court, admitting the proposal, issues the warrant for the arrest of the accused. The term of office shall cover the particulars shown in art. 151 151 para. 3 lit. a)-c), e) and j), as well as the name and surname of the accused and the duration for which his pre-trial detention is ordered. Art. 152 152 para. 1 1 shall apply accordingly. Against the conclusion of the court, an appeal may be made within 24 hours of the ruling, for those present, and from the communication, for the missing. " 75. In Article 148 (1), points b) and e) shall read as follows: " b) the offence is flagrant, and the prison sentence provided for by the law is more than one year; .................................................................... e) the defendant again committed a crime or from the existing data it follows the need to prevent the commission of another crime; " 76. Article 148 (1) (g) shall be repealed. 77. In Article 148 (1), letter h) shall read as follows: " h) the defendant committed an offence for which the law provides for the punishment of life imprisonment alternately with prison sentence or prison sentence of more than 4 years and there is certain evidence that his leaving at large presents a concrete danger to public order; ' 78. in Article 148 (1), the following shall be inserted after point h): "" i) there are sufficient data or indications justifying the fear that the defendant will put pressure on the injured person or that he will attempt a fraudulent settlement with it. " 79. In Article 148, paragraph 2 shall read as follows: " In the cases provided in par. 1 lit. c)-f) and i), the measure of the arrest of the defendant can only be taken if the punishment provided by law is detention for life or imprisonment of more than 2 years. " 80. In Article 149, paragraph 1 shall read as follows: "" Art. 149. -The duration of the arrest of the defendant may not exceed 30 days, unless it is extended or maintained under the law. The term flows from the date of issue of the mandate, when the arrest was ordered after hearing the defendant, and in the case when the arrest was ordered in the absence of the defendant, the term flows from the date of execution of the arrest warrant. " 81. Article 149 (3) shall be repealed. 82. After Article 149, insert Article 149 ^ 1 with the following contents: " The arrest of the defendant in the course of prosecution Art. 149 ^ 1. -The prosecutor, ex officio or at the referral of the criminal investigation body, if the conditions provided for in art. 143 and there are any of the cases provided in art. 148, when he considers that in the interest of prosecution it is necessary to arrest the defendant, after hearing him only in the presence of the chosen defender or when he, being notified cannot present himself, of the one appointed ex officio, orders, by the reasoned order, its provisional pre-trial detention, showing the grounds justifying the taking of the measure and fixing the duration of the provisional arrest, which may not exceed 3 days. At the same time the prosecutor issues a warrant for the defendant's provisional The term of office shall contain, accordingly, the particulars shown in art. 151 151 para. 3 lit. a)-c), e) and j), as well as the name and surname of the defendant and the duration for which his arrest is ordered. If the accused is in a state of detention, the three days shall be calculated from the date of issue of the detention warrant. Within 24 hours of the issuance of the provisional preventive arrest warrant, the prosecutor presents the case file to the court to which the jurisdiction would return to judge the case in substance or to the appropriate court in whose constituency the seat of detention, with the motivated proposal to take the measure of preventive arrest of the defendant, if there are grounds to justify this measure. On the occasion of the presentation of the file by the prosecutor, the president of the court or the judge delegated by him fixes the day and the time of resolution of the proposal for preventive arrest, until the expiry of the provisional prosecutor, whom he communicates to both the chosen defender and the prosecutor, the latter being obliged to ensure the presence before the court of the defendant provisionally arrested. The proposal for pre-trial detention is settled in the council chamber by a single judge. The defendant is brought before the court and will be assisted by the defender. If the defendant is in a state of detention or arrest according to art. 146 and because of the state of health or because of force majeure or state of necessity cannot be brought before the court, the arrest proposal will be examined in the absence of the defendant, in the presence of the defender, to whom the word is given to formulate conclusions. Art. 150 150 shall apply accordingly. The prosecutor's participation is mandatory The court admits or rejects the proposal for preventive arrest, on the same day, by reasoned conclusion. If the conditions set out in paragraph are met. 1, the court orders, by conclusion, the preventive arrest of the defendant, before the expiry of the duration of the provisional arrest ordered by the prosecutor, showing the grounds justifying the taking of the measure of preventive arrest and fixing its duration, which may exceed 30 days. The arrest of the defendant can only be ordered for the days that remained after the 30-day drop in the period during which he was previously detained or arrested. The preventive arrest of the defendant is ordered before the expiry of the accused's arrest. Art. 146 146 para. 12 12 and 13 shall apply accordingly. An appeal may be made against the conclusion within 24 hours of delivery. If the accused who is in the execution of a provisional arrest warrant issued by the prosecutor or in the execution of a preventive arrest warrant issued by the court becomes indicted, the prosecutor proposes to the court to replace the arrest measure to the accused with the measure of arrest of the defendant for the days that remained after the 30-day decrease in the period during which he was previously detained or arrested. " 83. Article 150 shall read as follows: "" Listening to the defendant Article 150. -The extent of the arrest of the defendant can only be taken after his hearing by the prosecutor or the court, unless the defendant is missing, is abroad or evades prosecution or from trial or prosecution. " is in one of the situations provided for in art. 149 ^ 1 para. 8. If the defendant is missing, he is abroad or evading prosecution or trial, when the warrant was issued without hearing the defendant, he will be heard as soon as he was caught or presented himself. " 84. In Article 152, paragraph 4 shall read as follows: " When the arrest warrant was issued by the prosecutor, he mentions on the warrant the date of the defendant's presentation and immediately proceeds to his obedience, after which he has, by reasoned resolution, the arrest of the defendant. If in the meantime the case has reached the court, the prosecutor will send the arrested to the court, and the police body will lead the arrested to the court. " 85. Articles 155 and 156 shall read as follows: " Prolongation of the duration of the arrest during Article 155. -The arrest of the defendant ordered by the court can be extended, in the course of prosecution, motivated, in case of necessity and only if new elements have intervened to justify the deprivation of liberty or if those that determined the initial arrest continue to impose deprivation of liberty. In the case provided in par. 1, the extension of the duration of the arrest of the defendant may be ordered by the court to which the jurisdiction would return to judge the case in substance or by the appropriate court in whose constituency the holding site is located. Proposal to extend the arrest ordered during the criminal investigation Art. 156. -Extension of the duration of the arrest provided for in 155 is available on the basis of the reasoned proposal of the body carrying out the prosecution. The proposal of the criminal investigation body is endorsed by the prosecutor who exercises the supervision and submitted by him, at least 5 days before the expiry of the duration of the arrest, to the court provided in art. 155 155 para. 2. If the arrest has been ordered by a lower court to grant the extension, the proposal shall be submitted to the competent court. The proposal is attached to the court's referral address. Other reasons can be shown in the address that justify the extension of the arrest than those contained in the proposal. When in the same case there are several arrested defendants for whom the duration of the preventive arrest expires on different dates, the prosecutor who notifies the court for one of the defendants will also refer the matter to the others defendants. " 86. Articles 159 and 160 shall read as follows: " Procedure for extension of arrest ordered during criminal investigation Article 159. -The case file will be filed by the prosecutor, once with the court's complaint, at least 5 days before the expiry of the duration of the preventive arrest and can be consulted by the defender. The proposal to extend the arrest is settled in the council chamber. The defendant is brought before the court and will be assisted by the defender. If the arrested defendant is admitted to the hospital and due to the state of health cannot be brought before the court or in other special cases where his movement is not possible, the proposal will be examined in the absence of the defendant, but only in the presence of the defender, who is given the floor to draw conclusions. The prosecutor's participation is mandatory If the court grants the extension, it will not be able to exceed 30 days. The court settles the proposal and rules on the extension of the preventive arrest, within 24 hours of receipt of the file, and communicates the conclusion of the missing from the judgment at the same time. The conclusion by which it was decided on the extension of the arrest can be appealed by the prosecutor or the defendant within 24 hours of the ruling, for those present, or from the communication, for the missing. The appeal shall be resolved before the time of the preventive arrest. The appeal declared against the conclusion ordering the extension of the preventive arrest is not suspensive of execution. The defendant is brought to trial the appeal. The measure ordered by the court shall be communicated to the administration of the place of possession, which is obliged to inform the defendant. If the conclusion of the first court ruling on the extension of the preventive arrest is not appealed, the court is obliged to return the file to the prosecutor within 24 hours after the expiry of the appeal period. The court can also grant other extensions, each not exceeding 30 days. The provisions of the preceding paragraphs shall apply accordingly. The maximum duration of the preventive arrest during the prosecution is one year. Exceptionally, when the punishment provided for by the law is the detention for life or imprisonment of 10 years or more, the maximum duration of the preventive arrest is 2 years. Extension of arrest of defendant after arraignment, until first appearance Article 160. -When the prosecutor orders, through the indictment, the prosecution of the defendant under arrest, the case shall be submitted to the competent court at least 5 days before the expiry of the arrest warrant. The court, in the council chamber, proceeds according to art. 300 ^ 1 and, if deemed necessary, extend the duration of the arrest until the first appearance, without being able to exceed 30 days. Art. 159 159 para. 3, 4, 5, 7 and 11 shall apply accordingly. ' 87. After Article 160, the articles 160 ^ to 160 ^ d with the following contents are inserted: " Maintaining arrest at first appearance Art. 160 ^ a. -In cases where the arrest of the defendant in the course of criminal prosecution has been extended, according to art. 160, the court, at the first appearance, may order the maintenance of the preventive arrest, under the conditions of 160 ^ c and 300 ^ 2. Arrest of the defendant during the trial Art. 160 ^ b. -The court may order, in the course of judgment, by reasoned conclusion, the preventive arrest of the defendant, if the conditions provided in art. 143 and there are any of the cases provided by art. 148 148. In the course of the judgment in the first instance the pre-trial detention is taken for a duration that cannot exceed 30 days. The conclusion of the first instance and the appeal court may be appealed separately with appeal. The term of appeal is 24 hours and flows from the pronouncement, for those present, and from communication, for the missing. The case will be submitted to the appeal court within 24 hours, and the appeal is adjudicated in 3 days. The appeal declared against the conclusion by which the arrest was ordered is not suspensive of execution. When the court orders the arrest of the defendant, it issues an arrest warrant, which will include, accordingly, the mentions provided in art. 151. Compared to the defendant who has previously been arrested in the same case, in the course of prosecution or trial, the court can again order this measure, if new elements have intervened to make it necessary to look at freedom. Extension of arrest in the course of Art. 160 ^ c. -In the course of the judgment, in the first instance, if new elements appear that make it necessary to extend the deprivation of liberty, the court may order, by reasoned conclusion, the extension of the arrest for no more than 30 days each time, without could exceed the limit provided in art. 140 140 para. 2. Provisions of paragraph 1 on the extension of the arrest are also applicable if the arrest was ordered in the course of the prosecution and was maintained during the trial in substance of the case. Arrest and extension of arrest of defendant convicted by court of law Art. 160 ^ d. -If the defendant was sentenced by the court of substance to the punishment of imprisonment or detention for life, the arrest or extension of the arrest by decision, at the deadline fixed according to art. 375 375 para. 1 for the trial of the appeal or at the deadline fixed according to 385 ^ 12 para. 1 for the judgment of the appeal, the court shall verify, ex officio, the legality of the arrest and order, by reasoned conclusion, the extension or revocation of this measure If preventive arrest has been ordered during the trial of the appeal or appeal, the provisions of art. 160 ^ b and art. 160 ^ c para. 1 1. " 88. After Article 160 ^ d of Chapter I of Title IV of the General Part, Section IV ^ 1 and Articles 160 ^ e, 160 ^ f, 160 ^ g and 160 ^ h with the following contents are inserted: "" SECTION IV ^ 1 Special provisions for minors General provisions Art. 160 ^ e. -The detention, provisional arrest and preventive arrest of the minor shall be made according to the provisions set out in Sections I, II and IV, with the derogations and additions of this section. Own rights and special arrangements for minors Art. 160 ^ f. -Minors detained or remanded in custody are provided, in addition to the rights provided by law for preventive prisoners who have exceeded 18 years, their own rights and a special preventive detention regime, in relation to the peculiarities of their age, so that the custodial measures, taken towards the minors for the purpose of the proper conduct of the criminal proceedings or of preventing their evading from prosecution, judgment or from the execution of the sentence, shall not prejudice the physical development, Mental or moral of the minor. Defendants or juvenile defendants, detained or remanded in custody, are provided with mandatory legal assistance in all cases, with judicial bodies obliged to take measures to appoint a defender ex officio if the minor has not chosen one. and so that he could make direct contact with the arrested minor and communicate with him. When the detention or pre-trial detention of a accused or minor defendant is ordered, it shall be known about this immediately, in the case of detention, and within 24 hours, in the case of arrest, parents, guardian, person in care or the supervision of which the minor is located, other persons whom he designates, and in case of arrest, and the service of social reintegration of offenders and of supervision of the execution of non-custodial sanctions of the court to which would return to judgment in the first instance of the case, recording it in a minutes. During detention or preventive arrest, minors shall be held separately from the majors, in specific places for minors remanded in custody. Respect for the rights and special regime provided by law for minors detained or remanded in custody is ensured by the control of a judge appointed by the president of the court, by visiting the places of preventive possession by prosecutor, as well as by controlling other bodies empowered by law to visit the pre-emptive detainees Detention of the minor at the disposal of the criminal investigation body or prosecutor Art. 160 ^ g. -In a very exceptional way, the minor between 14 and 16 years, who is criminally liable, can be detained at the disposal of the prosecutor or the criminal investigation body, with the notice and under the control of the prosecutor, for a duration that cannot exceed 10 hours, if there is definite data that the minor has committed a crime punishable by law with life imprisonment or imprisonment of 10 years or more. The detention can be extended only if it is required, by reasoned order, by the prosecutor, for a duration of no more than 10 hours. Preventive arrest of the minor Art. 160 ^ h. -The minor between 14 and 16 years of age cannot be remanded in custody unless the punishment provided by law for the act of which he is accused is the detention of life or imprisonment of 10 years or more and another preventive measure is not sufficient. The duration of the arrest of the minor defendant between 14 and 16 years is, in the course of prosecution or trial in the first instance, no more than 15 days. The extension of this measure in the course of prosecution or trial in the first instance can only be ordered exceptionally, each time no more than 15 days. The preventive arrest of the minor in the course of the prosecution cannot exceed, in total, 60 days. The minor defendant of more than 16 years may be remanded in custody in the course of prosecution or trial in the first instance for a period of no more than 20 days. The duration of the preventive measure may be extended in the course of criminal proceedings or in the course of trial in the first instance, every 20 days. The preventive arrest of the minor defendant during the criminal investigation cannot exceed, in total, 90 days. Exceptionally, when the punishment provided for by the law is life imprisonment or imprisonment of 10 years or more, the preventive arrest of the minor defendant in the course of criminal prosecution can be extended for up to one year. The duration of the arrest of the minor accused is no more than 3 days. " 89. Article 160 ^ 1 shall read as follows: " The modalities of provisional release Art. 160 ^ 1. -Throughout the course of the criminal proceedings, the accused or the defendant arrested preemptively may ask for his release at provisional freedom, under judicial control or on bail. " 90. In Article 160 ^ 2, paragraphs 1 and 2 shall read as follows: "" Art. 160 160 ^ 2. -The provisional release under judicial control may be granted in the case of crimes committed at fault, as well as in the case of intentional crimes for which the law provides for the prison sentence not exceeding 12 years. Provisional release under judicial review shall not be granted if the accused or the defendant is a repeat offender or when there is data resulting from the need to prevent him from committing other crimes or that he/she will attempt to frustrate finding the truth by influencing witnesses or experts, altering or destroying the means of evidence or through other such acts. " 91. After Article 160 ^ 2, Articles 160 ^ 2a and 160 ^ 2b shall be inserted as follows: " The body ordering the provisional release Art. 160 ^ 2a. -The provisional release under judicial control is ordered, both in the course of prosecution and in the course of trial, by the court. Body carrying out compliance with obligations Art. 160 ^ 2b. -Control of the manner in which the accused or the defendant respects the obligations established by the court lies with the judge delegated with execution, as well as the prosecutor and the police body. 92. Articles 160 ^ 3 and 160 ^ 4 will read as follows: " Change or erect judicial review Art. 160 ^ 3. -The judicial review instituted by the court may at any time be amended or raised by it, in whole or in part, for thorough reasons. Conditions of release Art. 160 ^ 4. -The provisional release on bail may be granted by the court, both in the course of the prosecution and the judgment, upon request, when the bail has been filed and the conditions provided for in art. 160 ^ 2 para. 1 1 and 2. During the provisional release, the accused or the defendant is obliged to present himself, at the call of the court, to communicate any change of domicile or residence and to comply with the obligations provided in art. 160 ^ 2 para. 3 3 which the court orders. " 93. In Article 160 ^ 5, paragraphs 1, 3 and b) of paragraph 4 shall read as follows: "" Art. 160 160 ^ 5. -Bail guarantees respect by the accused or defendant of his obligations during the provisional release. .................................................................. The recording of the bail is made on behalf of the accused or defendant and at the disposal of the court that established the amount of bail. .................................................................. b) it is found by the court, by conclusion, that there are no longer the grounds that justified the measure of preventive arrest; " 94. in Article 160 ^ 5 (4), the letter f) shall be inserted after letter f): " f) the request for provisional release has been rejected according to art. 160 ^ 8a para. 6 6. " 95. Article 160 ^ 6 will read as follows: " The request for interim release and the competent body to resolve it Art. 160 ^ 6. -The request for provisional release may be made, both in the course of the prosecution and in the course of the judgment, by the accused or the defendant, the husband or his close relatives. The application must contain the name, surname, domicile and quality of the person who makes it, as well as the mention of the provisions of the law on cases of revocation of provisional release. In the case of provisional release on bail, the application must also include the obligation to submit bail and the mention of the provisions of the law on cases of non-dismissal of bail. The resolution of the request, in the course of the prosecution, lies with the court to which it would return the jurisdiction to judge the case in substance, and in the course of the judgment, to the court The application submitted to the criminal investigation body, to the prosecutor or to the administration of the holding place shall be submitted, within 24 hours, to the competent court. " 96. Articles 160 ^ 7 and 160 ^ 8 will read as follows: "" Pre-examination measures Art. 160 ^ 7. -The court shall verify that the request for provisional release contains the particulars provided for in Article 1 160 ^ 6 para. 2 2 and 3 and, if applicable, shall take measures to supplement it. When the application is filed with the court before the trial period, these obligations shall be returned to the President, who shall also make the person who made the request about the term of the application. When the request is made by a person other than the accused or the defendant, of those shown in art. 160 ^ 6 para. 1, the court asks the accused or the defendant if he appropriates his request, and his statement is recorded on request. Examination and admission in principle of the application Art. 160 ^ 8. -The court shall examine, as a matter of urgency, the request, verifying that the conditions laid down by law for its admissibility in principle In the case of the application for release on bail, if the court finds that the conditions provided by law are met, it establishes the amount of bail and the term in which the bail must be filed, incunostintand about this person who made the request. After filing the proof of consigning of the bail, the court in principle admits the application and fixes the deadline for its settlement. If the conditions provided for by the law and proof of consigning of the bail are not fulfilled, the application shall be rejected. " 97. Article 160 ^ 8 is inserted after Article 160 ^ 8a with the following contents: " Resolution of the application Art. 160 ^ 8a. -The resolution of the request is made after hearing the accused or the defendant, the conclusions of the defender, as well as the prosecutor's. If the conditions laid down by law and the application are found to be met, the court shall grant the application and order the provisional release of the accused or the defendant. The court, in case of admission of the request for provisional release, also establishes the obligations to be respected by the accused or defendant. The copy of the device of the final remaining final or an extract thereof shall be sent to the administration of the holding place and to the police body in whose territorial area the accused or the defendant resides. People interested in the knowledge. The administration of the place of possession is obliged to take measures for the immediate release of the accused or the defendant. If the conditions laid down by law are not met, when the application is unfounded or when it has been made by another person and has not been appropriated by the accused or the defendant, the court rejects the request. " 98. Articles 160 ^ 9 and 160 ^ 10 will read as follows: "" Appeal against terminations on provisional release Art. 160 ^ 9. -Against the conclusion by which it was admitted or rejected the request for provisional release can be appealed by the accused or indicted or by the prosecutor, at the higher court. The term of appeal is 24 hours and flows from the pronouncement, for those present, and from communication, for the missing. The case will be submitted to the appeal court within 24 hours. The appeal is adjudicated within two days. The appeal will be settled in the council chamber. The accused or the defendant is brought to trial the appeal. The prosecutor's participation is mandatory The court rules the same day on the admission or rejection of the appeal. The appeal against the conclusion by which the request for provisional release was rejected is not suspensive of execution. The file shall be returned within 24 hours of the resolution of the appeal. The provisions of the preceding paragraphs shall also apply accordingly to the amendment or erection of judicial review. Revocation of release Art. 160 ^ 10. -The provisional release may be revoked if: a) are discovered facts or circumstances that were not known at the time of admission of the request for provisional release and justifying the arrest of the accused or defendant; b) the accused or the defendant does not fulfill, in bad faith, his obligations according to art. 160 ^ 2 para. 3 3 and art. 160 ^ 4 para. 2 or tries to thwart the finding of truth or commits again, with intent, a crime for which he is pursued or judged. The revocation of the provisional release is ordered by the court, by conclusion, with the hearing of the accused or the defendant assisted by the defender. The revocation is also ordered in the absence of the accused or the defendant, when he, without thorough reasons, does not show up to the call made. In case of revocation of provisional release, the court orders the pre-trial detention of the accused or the defendant and issues a new arrest warrant. Against the conclusion of the court ordering the revocation of provisional release, an appeal may be made. Art. 160 160 ^ 9 shall apply accordingly. ' 99. In Article 162, paragraph 1 shall read as follows: "" Art. 162. -If the prosecutor, in the course of the prosecution, finds that the accused or the defendant is in any of the situations shown in art. 113 or 114 of the Criminal Code, notifies the court which, if applicable, orders the appropriate safety measure to be taken, provisionally. In the course of the judgment the appropriate safety measure is also provisionally ordered by the court. " 100. In Article 162, after paragraph 1, the following paragraph 1 is inserted: " The court orders the safety measures provided for in paragraph 1. 1 1 only after hearing the accused or the defendant and in the presence of the defender and the prosecutor. " 101. In Article 162, paragraph 2 will read as follows: "The court takes measures to carry out provisional medical admission and, at the same time, notifies the competent medical commission to endorse the admission of mental patients and dangerous toxicomans." 102. In Article 163, paragraph 1 shall read as follows: "" Art. 163. -The precautionary measures are taken during the criminal trial by the prosecutor or the court and consist in freezing, by instituting a seizure, of movable and immovable property, in order to repair the damage caused by the crime, as well as to guarantee the execution of the fine. " 103. In Article 163 (6), point a) is repealed. 104. In Article 164, paragraph 3 will read as follows: " The precautionary measures ordered by the prosecutor or the court may be brought to fruition and by the own enforcement bodies of the damaged unit, if this is one of those to which art. 145 145 of the Criminal Code. " 105. In Article 165, paragraph 7 will read as follows: "The seized items are preserved until the seizure is lifted." 106. In Article 168, paragraph 1 shall read as follows: "" Art. 168. -In the contrary to the precautionary measure taken and the way to comply with it, the accused or the defendant, the civilly responsible party, as well as any other interested person may complain to the prosecutor or the court, in any phase of the criminal proceedings. " 107. In Article 169, paragraph 1 shall read as follows: "" Art. 169. -If the prosecutor or the court finds that the things raised from the accused or the defendant, or from any person who received them to preserve them, are the property of the injured person or have been unjustly taken from possession or possession of to, order the refund of these things to the injured person. Any other person claiming a right to the raised things may ask, according to the provisions of art. 168, the establishment of this right and the refund. " 108. Article 170 will read as follows: " Restoring the previous situation Article 170. -The prosecutor or the court may take measures to restore the situation prior to the offence, when the change in that situation has manifestly resulted from the commission of the crime, and the restoration is possible. " 109. In Article 171, paragraphs 2 and 3 shall read as follows: " Legal assistance is mandatory when the accused or defendant is a minor, military term, military with reduced term, concentrated or mobilized reservist, student of a military educational institution, hospitalized in a re-education center or in an educational medical institute, when he is arrested even in another case or when the prosecution body or the court considers that the accused or the defendant could not make his own defense, as well as in other cases provided by law. In the course of judgment, legal assistance is also mandatory in cases in which the law provides for the crime committed the punishment of detention for the life or punishment of the prison of 5 years or higher. " 110. In Article 171, paragraph 4 is inserted after paragraph 4 with the following contents: " When legal aid is compulsory, if the chosen defender does not present himself unjustifiably at two consecutive terms, as the case may be, on the date set for carrying out a criminal prosecution act or the fixed court date, thereby making it difficult willfully conduct and resolve the criminal proceedings, the judicial body designates a defender ex officio to replace him, giving him the time necessary for the preparation of the defense, which may not be less than 3 days, except for the resolution of the requests on preventive arrest, where the term cannot be less than 24 hours. " 111. In Article 171, paragraph 6 will read as follows: " If at the trial of the case the defender is missing and cannot be replaced under the conditions of para. 4 4 ^ 1, the cause is postponed. " 112. In Article 172, paragraph 4 will read as follows: "The person detained or arrested has the right to make contact with the defender, ensuring his confidentiality is confidential." 113. In Article 173, paragraph 1 shall read as follows: "" Art. 173. -The defender of the injured party, of the civil party and of the civilly responsible party has the right to assist in carrying out any act of prosecution and may make requests and submit memoirs. " 114. Article 174 will read as follows: " Representation Art. 174. -In the course of the judgment the accused and the defendant, as well as the other parties may be represented, except in cases where the presence of the accused or the defendant is mandatory. In cases where the law admits the representation of the accused or the defendant, the court, when it considers necessary the presence of the accused or the defendant, orders his bringing. " 115. In Article 177, paragraphs 8 and 9 shall read as follows: " If the accused or the defendant lives abroad, the citation is made by registered letter, unless, by law, it is ordered otherwise. The notice of receipt of the recommended letter, signed by the recipient, shall take place of proof of the fulfilment of the citation procedure. The citation of persons other than the accused or the defendant is made according to the provisions of this article The units to which art refers. 145 of the Criminal Code and other legal entities are quoted at their headquarters, and in case of non-identification of the headquarters, the citation is displayed at the headquarters of the local council in whose territorial area the crime was committed. " 116. In Article 178, paragraph 2 is inserted after paragraph 2, with the following contents: " If the registered letter quoting a accused or defendant living abroad cannot be handed out due to the refusal of its receipt or for any other reason, as well as if the recipient's state does not allow it. the citation by post of its citizens, the citation will be displayed at the headquarters of the prosecutor's office or the court, as the case 117. In Article 178, paragraph 4 will read as follows: " The citation intended for a unit of those to which art refers. 145 of the Criminal Code or another legal person shall be handed over to the registrar or official in charge of receiving correspondence. Provisions of paragraph 2 2 shall apply accordingly. '; 118. In Article 183, after paragraph 2, paragraphs 3 and 4 are inserted as follows: " People brought with a warrant, according to para. 1 and 2, may not remain at the disposal of the judicial body until the time strictly necessary for their hearing, unless the detention or pre-trial detention has been ordered. The person brought with a warrant of bringing is immediately heard by the judicial body. " 119. In Article 184, paragraph 2 will read as follows: "If the person shown in the order of bringing cannot be brought for reasons of illness, the one responsible for the execution of the mandate finds it through a minutes, which shall be submitted immediately to the prosecution body or to the court." 120. In Article 184, paragraph 2 is inserted after paragraph 2, with the following contents: "" The provisions of para. 2 shall also apply if the person shown in office, with the exception of the accused or defendant, cannot be brought from any other cause. " 121. In Article 184, the following paragraph 3 is inserted after paragraph 3: "If the accused or the defendant refuses to obey the mandate or tries to flee, he will be coerced to it." 122. Article 188 will read as follows: " Calculation of time limits for preventive measures Article 188. -In the calculation of the time limits for the preventive measures, the time or day from which the period begins and the date on which the period ends shall enter its duration. " 123. In Article 189, paragraph 2 is inserted as follows: " Judicial expenses provided in par. 1, advanced by the state, are distinctly included, as the case may be, in the revenue and expenditure budget of the Ministry of Justice, the Public Ministry and the Ministry of 124. In Article 190, paragraphs 2, 3 and 6 shall read as follows: " The witness, the expert and the interpreter who are employees also have the right to the income from the workplace, for the duration of the lack of service, caused by the call to the prosecution body or to the court. The witness who is not an employee, but has come from work, is entitled to receive and compensation. .................................................................. The amount representing the income shown in par. 2 2 shall be paid by the witness, the expert or the interpreter. " 125. In Article 191, paragraph 1 shall read as follows: "" Art. 191. -In case of conviction, the defendant is ordered to pay the state advanced judicial expenses, except for expenses on interpreters designated by judicial bodies, according to the law, as well as if the provision of assistance was ordered free, which remain the responsibility of the state. 126. In Article 192 (1) (2), point a) shall read as follows: "a) defendant, if the replacement of criminal liability has been ordered or there is a cause of unpunishment;" 127. In Article 192 (1), the introductory part of point 3 shall read as follows: "" 3. In case of amnesty, prescription or withdrawal of complaint, as well as in the case of the existence of a cause of non-punishment, if the defendant requires the continuation of the criminal proceedings, the judicial expenses shall be borne by: " 128. In Article 192, after paragraph 5, paragraph 6 is inserted as follows: " The expenses for the payment of interpreters appointed by judicial bodies, according to the law, for the assistance of the parties remain, in all cases, to the state. 129. Article 198 will read as follows: " Judicial misconduct Art. 198. -The following deviations committed during the criminal proceedings are sanctioned with a judicial fine from 500,000 lei to 2,000,000 lei: a) failure to fulfill or miscarry or delay the works of citation or communication of procedural documents, transmission of files, as well as any other works, if through these were caused delays in the conduct of criminal proceedings; b) failure to perform or miscarry the duties of handing out or communicating the subpoenas or other procedural acts, as well as the non-execution of the warrants for bringing. The unjustified lack of the defender, elected or appointed ex officio, when the legal assistance of the accused or the defendant is mandatory according to the law, is sanctioned with a judicial fine from 1,000,000 lei to 2,500,000 lei. The following deviations committed during the criminal proceedings are sanctioned with a judicial fine from 1,000,000 lei to 10,000,000 lei: a) unjustified lack of the quoted witness, expert or legal interpreter; b) the delay by the expert or interpreter of the fulfilment of the tasks received; c) failure by any person of the obligation of presentation, at the request of the criminal prosecution body or of the court, of the objects or documents required by them, as well as the non-fulfillment of the same obligation by the ruler the establishment or the one responsible for carrying out this obligation; d) non-compliance with the retention obligation, provided for in 109 109 para. 5 5; e) failure by the head of the establishment to carry out an expertise of the measures necessary to carry out it or to carry out the expertise in time; f) failure to perform, unjustifiably, by the criminal investigation body of the provisions given by the prosecutor, according to the law, or not to present, unjustifiably, to the prosecutor, the files or acts of prosecution, within the period provided by law; g) non-communication, unjustifiably, to the prosecutor, within the period provided by law, by the criminal investigation body, of the start of the criminal investigation, as well as non-execution, by him, within the period and conditions provided by law, of the provisions written by the prosecutor or the court; h) non-compliance by any of the parties and persons who attend the court hearing of the measures taken by the presiding judge according to art. 298. The judicial fines imposed by the prosecutor or the court constitute income to the state budget and are distinctly included in the budget of the Ministry of Justice, according to the law. The application of the judicial fine does not remove criminal liability, if the act constitutes a crime. " 130. Article 201 (a) of paragraph 2 and paragraph 3 shall read as follows: " a) the research bodies of the judicial police; .................................................................. As judicial police research bodies operate specialized workers from the Ministry of Interior specifically appointed by the Minister of Interior, with the favorable opinion of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice, and carry out the activity under the authority of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice or are designated and otherwise operate, according to special laws. " 131. Article 207 will read as follows: " Competence of judicial police research bodies Article 207. -Criminal investigation is carried out by the research bodies of the judicial police, for any crime that is not necessarily given in the competence of other criminal investigation bodies. " 132. In Article 208, paragraph 1, points a) and d) shall read as follows: " a) the officers designated by the commanders of the military units separate and similar, for the subordinate military. The research may also be carried out personally by the commander; ................................................................... d) border police officers, namely designated for border crimes; " 133. In Article 209, paragraphs 1 and 3 shall read as follows: "" Art. 209. -The prosecutor supervises the prosecution; in the exercise of this attribution prosecutors lead and directly control the criminal investigation activity of the judicial police and other special research bodies. .................................................................... The prosecution shall be carried out, compulsorily, by the prosecutor, in the case of the crimes provided for in 155-173, 174-177, 179, 189 para. 3-5 3-5, art. 190, 191, art. 211 211 para. 4 4, art. 212, 236, 236 ^ 1, 239, 239 ^ 1, 250, 252, 254, 255, 257, 265, 266, 267, 267 ^ 1, 268, 273-276, 279 ^ 1, 280, 280 ^ 1, 302 ^ 2, 317, 323 and 356-361 of the Criminal Code, in the cases shown in art. 27 27 section 1 lit. b)-e), art. 28 28 ^ 1 pt. 1 lit. b) and c) and section 5 5, art. 28 28 ^ 2 pt. 1 lit. b) and art. 29 29 section 1 1 of this Code, in the case of crimes against labor protection, as well as in the case of other crimes given by law in its jurisdiction. " 134. In Article 209, paragraph 5 will read as follows: " When the prosecution is carried out by the prosecutor, the indictment is subject to the confirmation of the prosecutor's office, and when the prosecution is made by him, the confirmation is made by the superior hierarchical prosecutor. When the prosecution is carried out by a prosecutor from the Prosecutor's Office of the Supreme Court of Justice, the indictment is subject to the confirmation of the chief prosecutor of the section, and when the prosecution is carried out by him, the confirmation is made by the attorney general of this parquet. " 135. In Article 214 (1), point (c) is inserted as follows: "c) officers and sub-officers of the Romanian Gendarmerie for the offences found during the execution of specific missions". 136. In Article 215, the marginal name and letter b) of paragraph 1 shall read as follows: " Acts concluded by ship and aircraft commanders, as well as by border police agencies b) border police agencies, for border crimes. " 137. In Article 218, paragraph 1 shall read as follows: "" Art. 218. -The prosecutor directs and directly controls the criminal investigation activity of the judicial police and other special research bodies and oversees that the acts of prosecution be carried out in compliance with the legal provisions. " 138. In Article 219, paragraph 1 shall read as follows: "" Art. 219. -The prosecutor can make provisions on carrying out any act of prosecution. In the case of the research bodies of the judicial police, their superior hierarchical organs cannot give them guidance or provisions on criminal investigation, the prosecutor being the only competent in this regard. " 139. In Article 219, after paragraph 2, paragraph 3 is inserted as follows: " In the event of non-fulfilment or malfunctioning, by the criminal investigation body, of the provisions given by the prosecutor, it will refer the matter to the head of the criminal investigation body, which has the obligation that within 3 days of its referral communicate the measures ordered. " 140. In Article 222, paragraph 1 shall read as follows: "" Art. 222. -The complaint is the knowledge made by a natural person or a legal person, relating to an injury that was caused to him by offence. " 141. In Article 223, paragraph 1 shall read as follows: "" Art. 223. --Denunciation is the knowledge made by a natural person or by a legal person about the commission of a crime. " 142. In Article 223, paragraph 4 is repealed. 143. The following Articles 224 ^ 1-224 ^ 4 are inserted after Article 224: " Pre-cover acts carried out by undercover investigators Art. 224 ^ 1. -If there are thorough and concrete indications that it was committed or that the commission of a crime against national security provided for in the Criminal Code and special laws is being prepared, as well as in the case of narcotic trafficking offences and weapons, human trafficking, acts of terrorism, money laundering, counterfeiting of coins or other values, or of a crime provided for in Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions, or of another serious crime that cannot be discovered or whose perpetrators cannot be identified by other means, may be use, in order to collect data on the existence of the crime and identify persons to whom there is the assumption that they have committed a crime, investigators under a different identity than the real one. Undercover investigators are operational workers from the Interior Ministry, as well as state bodies that carry out, according to the law, intelligence activities to achieve national security, namely designated for this purpose, and may be used only for a fixed period, under the conditions laid down in art. 224 224 ^ 2 and 224 ^ 3. The undercover investigator collects data and information on the basis of the authorization issued according to the provisions provided in art. 224 ^ 2, which he puts, in full, at the disposal of the criminal prosecution body. Authorisation of the use of undercover investigators Art. 224 ^ 2. -Persons provided in art. 224 ^ 1 can carry out investigations only with the reasoned authorization of the prosecutor appointed by the prosecutor general of the prosecutor's office of the court of appeal. Authorization shall be given by reasoned order, for a period of no more than 60 days and may be extended for duly justified reasons. Each extension may not exceed 30 days and the total duration of the authorisation, in the same case and with regard to the same person, shall not exceed one year. In the request for authorization addressed to the prosecutor will be mentioned the data and indications regarding the facts and persons against whom there is the assumption that they committed a crime, as well as the period for which the authorization is requested. The order of the prosecutor authorizing the use of the undercover investigator must include, in addition to the mentions provided in art. 203, the following: a) the thorough and concrete indications justifying the measure and the reasons for which the measure is necessary; b) the activities that the undercover investigator may carry out; c) persons to whom there is an assumption that they have committed a crime; d) the identity under which the undercover investigator is to carry out the authorized activities; e) the period for which authorisation is given; f) other mentions provided by law. In urgent and duly justified cases, authorization and activities other than those for which there is authorization may be requested, the prosecutor will immediately rule. Use of data obtained by undercover investigators Art. 224 ^ 3. -The data and information obtained by the undercover investigator can only be used in the criminal case and in relation to the persons to whom the authorization issued by the prosecutor relates. This data and information will also be able to be used in other cases or in relation to other persons, if they are conclusive and useful. Protective measures for undercover investigators Art. 224 ^ 4. -The actual identity of undercover investigators cannot be disclosed during or after the termination of their action. The prosecutor competent to authorize the use of an undercover investigator has the right to know his true identity, in compliance with professional secrecy. " 144. In Article 227, the marginal name and paragraph 2 shall read as follows: " Complaints made by persons with management positions and other officials Obligations provided in par. 1 also come back to any official who has become aware of the commission of a crime in connection with the service in which he performs his duties. " 145. In Article 228, after paragraph 3, the following paragraph 3 is inserted: " The resolution and the minutes of commencement of the prosecution, issued by the criminal investigation body, shall be subject to the reasoned confirmation of the prosecutor exercising the supervision of the criminal investigation activity, no later than 48 hours after the date the start of the prosecution, the criminal investigation bodies being obliged to present the case file as well. " 146. In Article 228, paragraph 5 will read as follows: " If the prosecutor finds that the conditions shown in paragraph are not met. 4, refund the acts of the criminal prosecution body, either for the completion of the prior acts or for the start of the criminal investigation. " 147. In Article 228, after paragraph 6, the following paragraph 6 is inserted: " Against the resolution not to prosecute, a complaint can be made to the court, according to art. 278 278 ^ 1 et seq. " 148. Articles 232 and 233 shall read as follows: " Return of the file for the start or continuation of criminal investigation Article 232. -If the prosecutor has returned them, pursuant to art. 228 228 para. 5 5 or art. 231, the acts and the file, the prosecuting body shall continue carrying out the prior acts or, as the case may be, commence or continue the prosecution, proceeding with them, according to the law, and taking into account the special circumstances of each causes. Pre-trial detention of the accused Article 233. -In the course of conducting criminal investigation, if the research body considers that the conditions provided by law for taking the measure of preventive arrest of the accused are met, make proposals in this regard and submit them to the prosecutor. If the prosecutor, after examining the case file, finds that it is appropriate to take the measure of preventive arrest of the accused, proceed according to art. 146 146. " 149. In Article 234, paragraph 2 will read as follows: "The criminal investigation body, if it considers that they are met and the conditions provided by law for taking the measure of preventive arrest of the defendant, proceed in the same way." 150. Article 236 will read as follows: " The defendant's pre-trial detention Art. 236. -Prosecutor notified according to art. 234, if he sets in motion the criminal action and if he considers that the conditions provided by law for taking the measure of preventive arrest of the defendant are met, proceed according to art. 149 149 ^ 1. " 151. In Article 237, paragraph 2 will read as follows: " If the prosecutor has set in motion the criminal action, the criminal investigation body calls the defendant, communicates to him the act for which he is accused and gives him explanations about the rights and obligations he has. When the defendant does not live in the country, the criminal investigation body will take into account, when fixing the deadline for presentation to him, the special regulations on international judicial assistance in criminal matters. " 152. Article 238 will read as follows: "" Extension of criminal investigation Article 238. -The criminal investigation body, if it finds new facts in charge of the accused or the defendant or new circumstances that may lead to the change of the legal classification of the act for which the prosecution was ordered or the action was set in motion criminal or data on the participation and of another person in the commission of that fact, is obliged to make proposals to the prosecutor for the extension of criminal investigations or the change of legal classification. Proposals shall be submitted no later than 3 days after the date of the finding of facts, circumstances or new persons. The prosecutor will decide, by ordinance, in no more than 5 days. " 153. In Article 239, paragraph 1 shall read as follows: "" Art. 239. -If it is found by a forensic expertise that the accused or the defendant suffers from a serious illness, which prevents him from taking part in the criminal trial, the criminal investigation body submits his proposals together with the file, to order the suspension of the prosecution. " 154. In Article 240, paragraph 2 will read as follows: " The order to suspend the prosecution shall be communicated, in copy, to the accused or to the defendant and the injured person. After the communication, the file shall be returned to the criminal investigation body. " 155. In Article 243, paragraph 3 will read as follows: " When the case of termination of the prosecution concerns an accused or indicted defendant, the prosecutor must rule on the termination of the prosecution on the same day he received the termination proposal from the criminal investigation body. If the prosecutor ordered an end to the prosecution, he must immediately ask the court to revoke the preventive arrest measure. Within 24 hours of the receipt from the prosecutor of the file together with a reference stating the case or the cases of termination of the prosecution found, the court orders, by conclusion, the revocation of the measure and the immediate freedom of the accused or defendant and refund the prosecutor's file, in the same term, together with a copy of the conclusion. " 156. Article 245 (1), letter a) shall read as follows: " a) the revocation of the precautionary measures taken to execute the penalty of the fine; 157. In Article 245, after paragraph 2, paragraph 3 is inserted as follows: " If the termination of the prosecution concerns an accused or defendant arrested, the order will also make mention of the revocation of the preventive arrest ordered by the court, according to art. 243 243 para. 3 3. " 158. In Article 246, paragraph 2 will read as follows: " In the case when the accused or the defendant is remanded in custody, the court notifies by the address the administration of the holding place, with the disposition to immediately release the accused or defendant at liberty, according to art. 243 243 para. 3 3. " 159. In Article 249 ^ 1, paragraph 3 will read as follows: " Against the ordinance ordering the removal from prosecution pursuant to art. 10 10 para. 1 lit. b ^ 1) a complaint can be made within 20 days of the notice provided in art. 246 246. " 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 absconded from the call before the criminal investigation body, in the reference that is drawn up according to art. 259 indicate the specific circumstances resulting from the prevention. ' 161. Article 257 will read as follows: " Presentation of material by the prosecutor Art. 257. -The prosecutor, receiving the file, calls the accused and presents the prosecution material according to the provisions of art. 250 250 and the following, which shall apply accordingly. ' 162. Article 258 will read as follows: " File submission on the defendant Art. 258. -In the cases in which the criminal action was set in motion, after completing the research and after fulfilling the provisions regarding the presentation of the prosecution material, the criminal investigation is considered finished. The criminal investigation body shall immediately submit to the prosecutor the case file accompanied by a reference. " 163. Article 267 will read as follows: "" The provisions on preventive, safety or precautionary measures Art. 267. -If the prosecutor, at the preparation of the indictment according to art. 262 262 section 1, considers that it is necessary to arrest the defendant, being met the conditions provided by law, submit to the court, within 24 hours, the indictment and the proposal for the arrest of the defendant. In the same way the prosecutor does and if it is necessary to take the safety measures provided for in art. 113 and 114 of the Criminal Code. If the prosecutor considers that it is necessary to take the preventive measures provided for in art. 145 and 145 ^ 1, dispose of this by indictment. In the cases provided in art. 262 262 section 2 2, art. 265 and 268, the prosecutor sends the case file to the court, in order to order the extension or revocation of the preventive arrest ordered by it and the safety measures provided for in art. 113 and 114 of the Criminal Code, taken by the court in the course of prosecution. In the case of provisional preventive arrest and preventive measures provided for in art. 145 and 145 ^ 1, the prosecutor orders the revocation of these measures or, as the case may be, sends the case file to the court with the The conclusion by which the court orders these measures shall be sent to the prosecutor, who makes mention of it in the order of removal from prosecution, of termination of prosecution, of suspension of prosecution, of restitution or referral to the competent body. Art. 243 243 para. 3 3 and art. 249 249 para. 2 2 shall apply accordingly. The prosecutor is obliged to order the maintenance or revocation of safety measures, other than those provided for in art. 113 and 114 of the Criminal Code, and of the precautionary measures taken during the criminal investigation, or if it is appropriate to take such measures. " 164. In Article 273, after paragraph 1, paragraphs 1 ^ 1 and 1 ^ 2 are inserted as follows: " The reopening of the prosecution also takes place when the court, according to art. 278 ^ 1, upheld the complaint against the ordinance or, as the case may be, the prosecutor's resolution to remove from prosecution or terminate the prosecution or to classify and sent the case to the prosecutor in order to reopen the prosecution. If the court, according to art. 278 ^ 1, upheld the complaint against the resolution not to prosecute and referred the case to the prosecutor in order to start the prosecution, it may return to the non-commencement of the prosecution and order the prosecution under the conditions provided for by law. In the cases provided in par. 1 and 1 ^ 1, if it is considered on the basis of the data in the file that it is justified to take a preventive measure, the prosecutor shall do 233 233 or 236, which shall apply accordingly. In the ordinance ordering the resumption of criminal prosecution, mention is made of the taking of these measures. " 165. Article 274 will read as follows: " Duration of arrest of defendant after resumption Article 274. -In cases of resumption of the prosecution provided in art. 270 270 para. 1 lit. a) and c) and in art. 273, the term regarding the arrest of the defendant flows from the date of taking this measure, the provisions of art. 149 ^ 1 para. 9 9 by applying properly. In case of restitution of the case by the court, according to art. 272, if the defendant is arrested and the court maintains pre-trial detention, the 30-day period runs from the date of delivery of the judgment. The court sends the prosecutor's file within 10 days. The duration of the defendant's arrest may be extended according to 155 155 and 159. " 166. In Article 275, paragraph 2 is repealed. 167. Article 278 will read as follows: " Complaint against prosecutor's acts Art. 278. -The complaint against the measures taken or the acts carried out by the prosecutor or carried out on the basis of the provisions given by him shall be solved by the first prosecutor of the prosecutor's office or, as the case may be, by the prosecutor general of the prosecutor's office Chief Prosecutor of the Prosecutor's Office of the Supreme Court of Justice. In the case when the measures and acts are of the first prosecutor or the prosecutor general of the prosecutor's office of the appellate court or the chief prosecutor of the section of the Prosecutor's Office of the Supreme Court of Justice or were taken or carried out on the basis of the provisions given by them, the complaint is solved by the superior hierarchical In the case of the resolution not to prosecute or the order or, as the case may be, of the resolution to remove from prosecution or terminate the prosecution, the complaint shall be made within 20 days of the notice of the persons concerned, under art. 228 228 para. 6 6, art. 246 246 para. 1 1 and art. 249 249 para. 2. Art. 275 275-277 shall apply accordingly. ' 168. After Article 278, the following Article 278 ^ 1 is inserted: " The complaint before the court against the resolutions or orders of the prosecutor of not arraignment Art. 278 ^ 1. -After rejecting the complaint made according to art. 275-278 against the resolution not to prosecute or the ordinance or, as the case may be, the resolution of the ranking, removal from prosecution or termination of prosecution, given by the prosecutor, the injured person, as well as any other persons whose legitimate interests are injured may complain within 20 days from the date of communication by the prosecutor of the way of resolution, according to art. 277 and 278, at the court of which he would return, according to the law, jurisdiction to judge the case in the first If the prosecutor of the prosecutor's office or, as the case may be, the prosecutor general of the prosecutor's office of the appellate court, the chief prosecutor of the section of the Prosecutor's Office of the Supreme Court of Justice or the superior hierarchical prosecutor did not settle the complaint within the 20-day period provided for in art. 277, the 20-day period provided in par. 1 flows from the expiration date of the 20-day period. The file will be sent by the parquet to the court within 5 days of receiving the address requesting the file. The person against whom the prosecution was ordered to not begin, the removal from prosecution or the termination of the prosecution, as well as the person who made the complaint, quote. Failure to present these legally cited persons does not preclude the When the court considers that the presence of the missing person is absolutely necessary, he/she may take steps When judging the complaint the prosecutor's presence is mandatory. At the deadline fixed for the trial of the complaint, the court gives the floor to the person who made the complaint, to the person against whom the prosecution was ordered not to start, to remove from prosecution or to stop the prosecution and then the prosecutor The court, judging the complaint, verifies the resolution or order under appeal, based on the work and material in the case file and any new documents submitted. The court rules one of the following: a) reject the complaint, by sentence, maintaining the solution of the resolution or ordinance appealed; b) admits the complaint, by sentence, abolishes the resolution or ordinance appealed and sends the case to the prosecutor in order to start or reopen the prosecution, as the case may be Art. 333 333 para. 2 2 shall apply accordingly; c) admits the complaint, by conclusion, abolishes the resolution or order under appeal and, when the evidence existing on the case is sufficient for the trial of the case, holds the case for trial, the provisions on the trial in the first instance and the remedies, by applying properly. In the case provided in par. 8 lit. c), the document instituting the court, as the first instance, is the complaint of the person to whom paragraph 1. The judgment of the court handed down 8 lit. a) and b) may be appealed by the prosecutor, by the person who made the complaint, by the person against whom the prosecution was ordered not to be started, the removal from prosecution or the termination of the prosecution, as well as by any persons whose Legitimate interests are harmed. In the situation provided in par. 8 lit. a) the person in respect of whom the court, by final decision, decided that it is not the case to start or to reopen the prosecution, can no longer be pursued for the same act, except when new facts or circumstances were discovered that were not known to the prosecution body and did not intervene one of the cases provided in art. 10. The court is obliged to resolve the complaint no later than 20 days after receipt and to communicate, immediately and motivated, to the person who made the complaint, the way in which it was resolved. " 169. Article 279 (2), letter c) will read as follows: " c) the competent body to carry out the prosecution, when the prior complaint is directed against a judge, prosecutor, notary public, military, judge and financial controller from the chamber of county accounts, financial controller of the Court of Accounts or against one of the persons shown in art. 29 29 section 1 1. " 170. In Article 300, the marginal name will read as follows: "Checking the court's complaint" 171. In Article 300, paragraph 3 is repealed. 172. After Article 300, Articles 300 ^ 1 and 300 ^ 2 are inserted with the following contents: " Check the defendant's arrest regularity upon receipt of the file Art. 300 ^ 1. -In cases where the defendant is sent to trial in custody, the court is obliged to check ex officio, in the council chamber, the regularity of the taking or, as the case may be, the extension of the preventive arrest, within 48 hours of file registration with the court. If the court finds that a new extension of the arrest is justified, it has, by reasoned conclusion, the extension of the duration of the arrest until the first day of appearance, without it being able to exceed 30 days. Art. 159 159 para. 3, 4, 5, 7 and 11 shall apply accordingly. Check the regularity of the defendant's arrest at first appearance and in the course of judgment Art. 300 ^ 2. -In the cases in which the defendant is arrested, the legal court notified is obliged to verify, ex officio, at the first appearance, the regularity of the taking and extension of this measure. If the court finds that the extension of the arrest is justified, it shall order, by reasoned conclusion, to extend The extension of the preventive arrest by the first instance shall be ordered for a period not exceeding 30 days. Art. 141 141 shall apply accordingly. The first instance must also verify, in the course of the judgment, the legality and merits of taking and extending the measure of arrest, proceeding, as the case may be, according to art. 160 160 ^ b and 160 ^ c. " 173. In Article 303, paragraph 1 shall read as follows: "" Art. 303. -When it is found on the basis of a forensic expertise that the defendant suffers from a serious illness, which prevents him from participating in the judgment, the court orders, by conclusion, the suspension of the criminal proceedings until the state of the defendant's health allows its participation in the judgment. " 174. In Article 303, after paragraph 5, paragraph 6 is inserted as follows: " The court suspends, by reasoned conclusion, the judgment and if an exception of unconstitutionality was raised. The suspension shall be ordered pending the resolution by the Constitutional Court of the exception. If the defendant is arrested, the provisions of art. 300 ^ 2, and if compared to it the obligation to not leave the locality or the measure of obligation not to leave the country was ordered, it shall apply, accordingly, art. 145 145 and 145 ^ 1. The conclusion shall be subject to appeal within 5 days from the date of delivery. " 175. Article 304 will read as follows: "" Notes on the process "" Art. 304. -During the court hearing, the Registrar records all the statements, questions and endorsements of those present, including the presiding judge. The recording is done by recording with technical means, followed by transcription. In the shortest time after the end of the hearing and anyway before the next deadline, the parties shall receive a copy of the notes of the Registrar or the transcript of the records. " 176. Article 313 will read as follows: "" Pre- Article 313. -The president of the court, receiving the case file, immediately fixes the court term and orders the summoning of the persons who must be called to trial. If the defendant does not live in the country, the provisions of art. 237 237 para. 2. The citation must be handed to the defendant at least 5 days before the fixed term. In the cases in which the defendant is sent to trial in custody, the president of the court, upon receipt of the file, fixes a term that, according to art. 300 ^ 1, may not be more than 48 hours, within which the citation is communicated together with a copy of the document instituting the court. " 177. In Article 315, paragraph 1 shall read as follows: "" Art. 315. -The prosecutor is obliged to participate in the court hearings of the courts, in the cases in which the court was notified by indictment, in the cases in which the law provides for the crime committed the prison sentence of 3 years or greater or in the cases in which one of the defendants is in a state of detention or in any of the situations provided for in art. 171 171 para. 2, as well as if it is ordered to replace the sentence of the fine with that of the prison. At court hearings on other crimes, the prosecutor participates when he considers it necessary. " 178. In Article 318, paragraph 1 shall read as follows: "" Art. 318. -At the trial deadline, after the call of the case and the appeal of the parties, the president checks the identity If the defendant is in possession, the president shall be entrusted if he has received within the period provided for in art. 313 313 para. 3 copy of the court notice. When the act has not been communicated, if the defendant asks, the judgment is postponed and the president hands him a copy of the document instituting the court, making mention of it at the conclusion of the meeting. " 179. In Article 319, paragraph 3 will read as follows: " Witnesses, experts and interpreters present may be heard, even if they have not been quoted or received a summons, but only after their identity has been established, taking into account the provisions of art. 86 86 ^ 1 et seq. " 180. In Article 327, the following paragraph 7 is inserted after paragraph 6: "" Provisions art. 86 86 ^ 1-86 ^ 4 shall apply accordingly where appropriate. ' 181. After Article 327, Article 327 ^ 1 is inserted as follows: "" Art. 327 327 ^ 1. -The statements of the defendants, witnesses or other persons heard in the case, including the questions addressed to them by either party or the court, shall be recorded exactly under the conditions provided by art. 304 304. " 182. In Article 332, paragraphs 3 and 4 shall read as follows: " Against the decision of waste can be appealed by the prosecutor and any person whose interests have been harmed by decision. The case is sent to the prosecutor, immediately after the final stay of the judgment at the first instance or no later than 5 days after the ruling by the court of appeal. If the defendant is arrested, the case will be sent to the prosecutor after the appeal against the conclusion on pre-trial detention. " 183. In Article 338, paragraph 2 is inserted as follows: " When the defendant is arrested, the court sends the case to the prosecutor at least 8 days before the arrest warrant expires. The prosecutor shall proceed according to art. 155 155, 156 and 159. " 184. In Article 346, paragraph 2 will read as follows: " When the acquittal was pronounced for the case provided in art. 10 10 para. 1 lit. b ^ 1) or because the court found the existence of a case that removes the criminal character of the act or because any of the constituent elements of the crime are missing, the court can compel to repair the material damage and damage moral, according to civil law. " 185. Article 348 will read as follows: " Separate resolution of civil action Article 348. -The court, even if there is no civil party establishment, shall rule on the repair of the material damage and moral damages in the cases provided for in art. 17 17, and in the other cases only with regard to the return of the work, the total or partial abolition of a document and the restoration of the situation prior to the offence. " 186. In Article 350, paragraph 1 shall read as follows: "" Art. 350. -The court has the obligation that by decision to rule on the taking, extension or revocation of the measure of the defendant's arrest. " 187. In Article 350 (3), the following point (d) is inserted after point c): "d) an educational measure." 188. In Article 350, paragraph 6 will read as follows: " The defendant convicted by the first instance and in possession is released as soon as the duration of detention and arrest becomes equal to the duration of the sentence, although the ruling is not final. The release is ordered by the administration of the place of possession. For this purpose it shall be communicated, immediately after the judgment, a copy of the device or extract, which shall contain the particulars referred to in Article 1. 140 140 para. 3 3. " 189. In Article 357, paragraph 1 shall read as follows: "" Art. 357. -The device must include the data provided for in art. 70 regarding the person of the defendant, the solution given by the court regarding the crime, indicating, in case of conviction, its name and the text of the law in which it falls, and in case of acquittal or termination of the criminal proceedings, the case on which it is based according to art. 11, as well as the solution given with regard to the repair of material damage and moral damages. When the court makes application art. 86 ^ 7 of the Criminal Code, the device will mention whether the convicted one will serve the sentence in the unit where he operates or at another facility. When the court makes application art. 86 ^ 1 of the Criminal Code, the device will mention the surveillance measures provided in art. 86 ^ 3 para. 1 of the Criminal Code, to which the convict must be subject, as well as the obligations established by the court according to art. 86 ^ 3 para. 3 3 of the Criminal Code. " 190. In Article 360, paragraph 2 will read as follows: " The defendant owned or found out in any of the situations provided in art. 171 171 para. 2, which has been absent from the judgment, shall be notified of the copy of the decision. The copy of the decision shall also be communicated to the administration of the holding place. ' 191. Article 361 (1), point d) will read as follows: "d) the sentences handed down by the criminal section of the Supreme Court of Justice;" 192. In Article 375, paragraph 4 is repealed. 193. In Article 385 ^ 1, paragraph 1, points d) and e) shall read as follows: " d) the sentences handed down by the criminal section of the Supreme Court of Justice; e) the decisions rendered, as courts of appeal, by courts, territorial military courts, courts of appeal and the Military Court of Appeal, except for decisions ordering the retrial of cases. " 194. In Article 385 ^ 1, paragraph 4 will read as follows: " The sentences in respect of which the persons referred to in art. 362 did not use the path of the call or when the call was withdrawn, if the law provides for this remedy. Persons referred to in art. 362 may declare an appeal against the decision rendered on appeal, even if they did not use the appeal, if the decision in the appeal was amended the solution of the sentence and only on this amendment. " 195. In Article 385 ^ 10, paragraph 1 shall read as follows: "" Art. 385 385 ^ 10. --The appeal must be motivated. " 196. In Article 385 ^ 10, the following paragraph 2 is inserted after paragraph 2: " If the conditions laid down in paragraph are not complied with. 1 and 2, the court considers only casing cases that, according to art. 385 ^ 9 para. 3, shall be taken into account ex officio. " 197. In Article 385 ^ 11, paragraph 3 will read as follows: "" The provisions of para. 2 2 are not applicable in the judgment of the appeal against the conclusion of the preventive measures. " 198. In Article 386, letter c) will read as follows: " c) when the court of appeal did not rule on a case of termination of the criminal proceedings between those provided for in art. 10 10 para. 1 lit. f)-i ^ 1), on which there was evidence in the file; " 199. Article 400 is repealed. 200. In Article 402, paragraph 3 will read as follows: "" The arrested person is brought to trial. " 201. In Article 404, paragraph 1 shall read as follows: "" Art. 404. -With the admission in principle of the application for review the court may suspend motivated, in whole or in part, the execution of the judgment under review. " 202. Article 409 will read as follows: "" Appeal for annulment Article 409. -Any final judgment may be appealed for annulment to the Supreme Court of Justice by the Prosecutor General of the Prosecutor's Office of the Supreme Court, ex officio or at the request of the Minister of Justice. " 203. In Article 410, paragraph 3 will read as follows: " It can also be appealed for annulment of final judgments in cases where the European Court of Human Rights has found a violation of a right provided for by the European Convention for the Protection of Human Rights and the fundamental freedoms. The court will not be able to compel the state to pay compensation that was granted by the European Court of Human Rights and collected by the victim of violation of a right provided by it. " 204. In Article 410, the following paragraph 3 is inserted after paragraph 3: " If the repair of the damage was granted according to the provisions of par. 3 3, the state has action in regression against the one who, in bad faith or gross negligence, caused the situation generating damage. " 205. Article 412 will read as follows: " Suspension of execution Article 412. -After the referral, the Supreme Court of Justice can, ex officio, order on the proposal of the prosecutor general of the prosecutor's office of the prosecutor's office, or at the request of the party, the suspension of the execution of the granted. Provisions of paragraph 1 shall also apply if the convicted has commenced the execution of the sentence. The execution of the provisions suspending the execution of the decision shall be made by the court of execution. " 206. In Article 414 ^ 1, after paragraph 1, the following paragraph 1 is inserted: " When the appeal for annulment concerns both the judgment of the first court and the judgment of the appellate court or, as the case may be, the judgment of the court of appeal, in the case of admission and disposition of retrial, the case shall be sent to the first instance, were scrapped, and to the appellate court or, as the case may be, to the court of appeal, when only their decisions were abolished. " 207. In Article 414 ^ 2, paragraphs 1 and 2 shall read as follows: "" Art. 414 414 ^ 2. -The Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice, directly, or the Minister of Justice, through the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice, has the right, to ensure the interpretation and the unitary application of criminal laws and criminal procedure throughout the country, to ask the Supreme Court of Justice to rule on matters of law that have received a different settlement from the courts. The decisions rendered by the United Sections, which settle the complaints, are mandatory and are published in the Official Gazette of Romania, Part I, as well as on the website of the Supreme Court of Justice. They shall be notified to the courts and the Ministry of Justice. " 208. In Article 422, the following paragraph 3 is inserted after paragraph 3: "" Provisions art. 184 184 para. 3 3 ^ 1 shall apply accordingly. ' 209. Article 425 (3) (b) will read as follows: "" b) if the convicted is not found in any of the situations referred to in lett. a), communicate to the financial body of the town hall where the convict resides an extract from that part of the device that concerns the application of the fine. " 210. In Article 435, paragraph 1 shall read as follows: "" Art. 435. -If the extent of the obligation to medical treatment or medical admission has been provisionally taken in the course of the prosecution or the judgment, the execution shall be made by the court which has taken this action. " 211. After Article 439, Article 439 ^ 1 is inserted as follows: " Enforcement of the prohibition to return to the family home for a fixed period Art. 439 ^ 1. -When the prison sentence was taken the safety measure provided for in art. 118 ^ 1 of the Criminal Code, of the prohibition to return to the family home for a fixed period, a copy of the device of the decision shall be communicated to the police body in whose territorial area the family home is located. If the prison sentence is carried out in a place of detention, it is made mention in the mandate of execution of the prison sentence to be considered the convict, at the time of release to appear at the police body, which proceeds according to par. 3. At the same time, a copy is sent from the device of the decision of the master of the holding The police body has the duty to ensure the execution of the measure taken by the supervision of compliance with the prohibition not to return to the family home and to notify the prosecution body in case of absconding from the execution of the measure. " 212. In Article 450, paragraph 4 will read as follows: " The court's ruling is subject to appeal. The term of appeal is 3 days. The appeal declared by the prosecutor is suspensive of execution. " 213. Article 466 will read as follows: " Special procedure application cases Article 466. -The flagrant offences punishable by law with imprisonment of more than one year and no more than 12 years, as well as the aggravated forms of these crimes, committed in municipalities or cities, in public transport, fairgrounds, fairs, ports, airports or railway stations, even if they do not belong to the territorial units shown above, as well as in any other crowded place, shall be pursued and judged according to the provisions laid down in this chapter, which shall be supplemented by the provisions of this Code. ' 214. Article 468 will read as follows: " Detention and arrest of the accused or defendant Art. 468. -The accused is being held. The detention lasts 24 hours. Upon referral to the research body or ex officio, the prosecutor may order the arrest of the accused, who cannot exceed two days, which is calculated from the expiry date of the detention order. If the prosecutor considers that there is sufficient evidence for the setting in motion of the criminal action, it gives indictment by which it sets the criminal action in motion and orders the prosecution and sends the file to the competent court before the Arrest warrant. If the prosecutor has not ordered the prosecution within 3 days from the date of issue of the detention order, art. 146 146 and the following. " 215. In Article 472, paragraph 1 shall read as follows: "" Art. 472. -The president of the court fixes the term of trial, which cannot exceed 5 days from the date of receipt of the file, while ordering the prosecution of witnesses and the injured party. " 216. Article 480 will read as follows: " General provisions Art. 480. -The pursuit and trial of crimes committed by minors, as well as the enforcement of decisions regarding them shall be made according to the usual procedure, with the additions and derogations of this chapter and of Section IV ^ 1 of the head. I of Title IV of the general part. ' 217. In Article 483, paragraph 1 shall read as follows: "" Art. 483. -The cases in which the defendant is a minor shall be judged, according to the rules of ordinary jurisdiction, by judges specifically designated according to the law. 218. In Article 484, paragraph 2 will read as follows: " At the trial of the case is cited, apart from the parties, the guardianship authority and the parents, and if applicable, the guardian, the curator, the person in the care or supervision of which lies the minor and the service of social reintegration of criminals and 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, namely Title and Articles 504, 505, 506 and 507, shall read as follows: "" CHAPTER IV Reparation of material damage or moral damage in the case of wrongful conviction or deprivation or restriction of liberty unlawfully Cases giving the right to repair the damage Article 504. -The person who was definitively convicted has the right to repair by the state the damage suffered, if following the retrial of the case a final decision of acquittal was pronounced. He has the right to repair the damage and the person who, in the course of the criminal proceedings, was deprived of liberty or to whom his freedom was restricted unlawfully. The unlawful deprivation or restriction must be established, as the case may be, by the order of the prosecutor to revoke the custodial or restrictive measure of freedom, by order of the prosecutor to remove from prosecution or cease of the prosecution for the case provided in art. 10 10 para. 1 lit. j) or by decision of the court of revocation of the custodial or restrictive measure of freedom, by final decision of acquittal or by final decision to terminate the criminal proceedings for the case provided in art. 10 10 para. 1 lit. j). She has the right to repair the damage suffered and the person who was deprived of liberty after the prescription, amnesty or decriminalization of the act intervened. The way and extent of the repair Art. 505. -When determining the extent of the repair, account is taken of the duration of the deprivation of liberty or the restriction of freedom incurred, as well as the consequences produced on the person or on the family of the private one of freedom or whose freedom was Restricted. The repair consists in the payment of an amount of money or, taking into account the conditions of the one entitled to the repair of the damage and the nature of the damage caused, in setting up a future annuity or in the obligation that, at the expense of the state, the private one of freedom or whose freedom was restricted to be entrusted to an institute of social and medical assistance. Persons entitled to repair the damage, who before deprivation of liberty were employed, are calculated, at the length of work established according to the law, and the time they were deprived of liberty. The repair is, in all cases, borne by the state, through the Ministry of Public Finance. Action to repair the damage Article 506. -The action to repair the damage can be started by the entitled person, according to art. 504, and after its death can be continued or started by the persons who were in its maintenance. The action may be introduced within 18 months from the date of final stay, as the case may be, of the judgments of the court or of the prosecutor's orders, provided in art. 504. In order to obtain the repair of the damage, the entitled person can address the court in whose constituency he resides, calling in civil judgment the state, which is quoted by the Ministry of Public Finance. The action is exempt from stamp duty. Action in setback Article 507. -If the repair of the damage was granted according to art. 506 506, the state has action in regression against the one who, in bad faith or gross negligence, caused the situation generating damage. " 220. Article 513 will read as follows: " Conditions and modalities of implementation Article 513. -The conditions and modalities for the implementation of international judicial assistance in criminal matters are those established by the provisions contained in the special law and in this chapter, unless otherwise provided by international conventions. " 221. After Article 522, Section IV is inserted with the title "Retrial in case of extradition" and Article 522 ^ 1 with the following contents: "" SECTION IV Retrial in case of extradition Retrial of those tried in absentia in case of extradition Art. 522 ^ 1. -If the extradition of a person tried and convicted in absentia is required, the case will be able to be retried by the court that tried in the first instance, at the request of the convict. Art. 405 405-408 shall apply accordingly. ' + Article II The following terms of the Code of Criminal Procedure and other laws with provisions of criminal procedure are replaced as follows: -"territorial area", with "constituency", whenever it concerns the courts and the prosecutor's offices beside them; -"police research bodies", with "judicial police research bodies". + Article III 1. Workers of the Ministry of Interior specialized in carrying out activities of finding crimes, gathering data in order to start prosecution and criminal investigation, provided in art. 201 of the Code of Criminal Procedure, are part of the judicial police. 2. The judicial police bodies carry out their activity, directly, under the management, supervision and control of the prosecutor, being obliged to carry out all its provisions. 3. Judicial police workers in territorial structures carry out their duties, directly, under the authority and control of the first prosecutors of the prosecutor's offices of the judges and tribunals, corresponding to their arondation. The prosecutors general of the prosecutor's offices of the appellate courts exercise their authority and direct control over the judicial police workers of the appellate court constituency. The Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice exercises his authority and direct control or through prosecutors appointed on the judicial police bodies of the General Inspectorate of the Romanian Police and throughout the territory. 4. Police workers who do not belong to judicial police bodies have the right and obligation to carry out any act of finding the commission of crimes, incunostintand about it, immediately, the prosecutor or the research bodies of judicial police, with the submission of acts of finding. 5. The release from office of judicial police workers can only be ordered with the opinion of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice. Judicial police workers cannot receive from the higher hierarchical bodies any other tasks, apart from exceptional situations and events or in carrying out professional training and improvement tasks. 6. The promotion of judicial police workers to the position is done only with the opinion of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice 7. For the failure or improper performance by judicial police workers of their obligations, the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice may propose to the interior minister the release from the position of judicial police worker. 8. For the acts of indiscipline committed by the criminal investigation bodies of the judicial police, the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice may request the Minister of Interior to trigger the procedure for employment Disciplinary liability. + Article IV Law on organization and functioning of the Romanian Police no. 218/2002 , published in the Official Gazette of Romania, Part I, no. 305 of 9 May 2002, shall be amended and supplemented as follows: 1. Article 27 shall read as follows: "" Art. 27. -(1) The Minister of Interior, with the opinion of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice, designates police officers who have the status of judicial police research bodies. (2) The prosecution shall be compulsorily carried out by the prosecutor in the case of crimes committed by the police officers who have the quality of research bodies of the judicial police. (3) The offences committed by the police officers who have the status of judicial police investigations shall be judged in the first instance by: a) court, in the case of the police art. 14 14 para. ((2) II of Law no. 360/2002 on the Statute of the Police b) the court of appeal, in the case of the police art. 14 14 para. ((2) I lit. e)-j) of Law no. 360/2002 ; c) Supreme Court of Justice, in the case of police officers art. 14 14 para. ((2) 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, cybercrime and organised crime, and other criminal offences serious that cannot be discovered or whose perpetrators cannot be identified by other means, at the proposal of the Inspector General of the General Inspectorate of the Romanian Police, with the approval of the Minister of Interior, the Romanian Police can use and undercover police, under the conditions provided in the Code of Criminal Procedure. In exceptional circumstances, if there are thorough indications that it was committed or that it is prepared to commit one of the mentioned crimes, which cannot be discovered or whose perpetrators cannot be identified by other means, the Romanian Police can use informants. " + Article V Law on the Status of Police No. 360/2002 , published in the Official Gazette of Romania, Part I, no. 440 of 24 June 2002, shall be amended as follows: -Article 64 is repealed. + Article VI Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, as amended and supplemented, shall be amended and supplemented as follows: -In Article 28, paragraph 4 will read as follows: " The provisions of the superior hierarchical prosecutor are mandatory for subordinate prosecutors if they are given in writing and are in accordance with the law. There will be no data, however, for non-performance of acts that can be fulfilled, according to the law, in a criminal case. The prosecutor is free to present in court the conclusions he considers valid, according to the law, taking into account the evidence administered in the case. " + Article VII Law of the Supreme Court of Justice No. 56/1993 , republished in the Official Gazette of Romania, Part I, no. 56 of 8 February 1999, as amended, shall be amended and supplemented as follows: 1. Articles 21 and 22 shall read as follows: "" Art. 21. -The Supreme Court of Justice shall have the following powers: Civil section judges appeals: a) in civil cases provided by the Code of Civil Procedure, apart from those given in the competence of other departments by this law or by special laws; b) against decisions rendered in labor disputes, in cases determined by law; c) in any case concerning other subjects that have not been given in the competence of other departments. The criminal section judges appeals: a) in criminal matters, in the cases provided by the Code of Criminal Procedure or special laws; b) against decisions rendered in criminal matters by the Military Court of Appeal. The commercial section judges appeals against decisions rendered in commercial matters, in cases determined by law. The administrative section shall judge the appeals: a) in matters of administrative litigation, in cases determined by law; b) in terms of expropriation; c) in tax matters, except for disputes that are given by special laws in the jurisdiction of other courts. Article 22. -The sections of the Supreme Court of Justice, in relation to the competence of each, judge the appeals for annulment declared against the final decisions rendered by the judges, tribunals, courts of appeal and military courts. " 2. Article 24 shall read as follows: "" Art. 24. -The panel of 9 judges judges appeals in cases tried in the first instance by the Supreme Court's sections of Justice and appeals for annulment, in cases where the Court's wards handed down final sentences by non-repurring or decisions. in the resolution of ordinary appeals or have rendered decisions in the resolution of appeals in surveillance or of extraordinary appeals declared in criminal cases. " 3. In Article 26, letter a) shall read as follows: " a) judgment of appeals for annulment in cases in which the Panel of 9 Judges delivered decisions on appeal, as well as in cases in which the Panel of 7 Judges ruled, before the entry into force of the Law no. 45/1993 to amend and supplement the Code of Criminal Procedure, decisions to resolve the extraordinary appeal or appeal in supervision; " + Article VIII Law no. 54/1993 for the organization of military courts and prosecutors, republished in the Official Gazette of Romania, Part I, no. 209 of 13 May 1999, shall be amended and supplemented as follows: -Article 3 will read as follows: "" Art. 3. -The constituencies of the military courts and military prosecutor's offices are established by Government decision, at the proposal of the Minister of Justice. " + Article IX 1. Causes pending criminal prosecution on the date of entry into force of this law will be pursued by the competent prosecution bodies according to this law. Acts and works carried out according to the previous law, until the date of entry into force of this law, remain valid. 2. The preventive arrest warrant issued by the prosecutor until the entry into force of this law still produces its effects after this date. In cases where the preventive arrest ordered by the prosecutor was not subject to court control, the prosecutor, within 24 hours of the entry into force of this law, presents the case to the court case to which the jurisdiction would return to judge the case in fund, with the motivated proposal to take the preventive arrest measure, for the days that remained after the 30-day drop in the period during which the accused or the defendant was arrested. The court will proceed with art. 146 or, as appropriate, art. 149 ^ 1 of the Code of Criminal Procedure. 3. Causes pending, on the date of entry into force of this law, will continue to be judged by the competent courts, according to the provisions previously applicable to this data. In case of admission of the appeal or appeal, if the abolition or, as the case may be, the scrapping of the judgment and the retrial of the case, it will be judged by the competent court, according to the present law. 4. Causes pending at the military courts, on the date of entry into force of this law, given in the jurisdiction of the civil courts, will continue to be tried by the military courts, according to the previous law. 5. In the case of resolutions not to prosecute, the ordinances or, as the case may be, the ranking resolutions, the removal from prosecution or the termination of the prosecution, given by the prosecutor until the entry into force of this law, the deadline for the introduction of the complaint referred to in Article 278 ^ 1 of the Code of Criminal Procedure is one year and flows from the entry into force of this law, if the limitation period of criminal liability has not been fulfilled. + Article X Whenever other laws provide for provisions regarding the disposition by the prosecutor of the taking, maintenance, revocation or termination of the measure of preventive arrest, provisional release and obligation not to leave the locality, of the safety measures provided in art. 113 and 114 of the Criminal Code, the interception and registration of calls, searches, detention and surrender of correspondence and objects sent by the accused or the defendant or addressed to him, shall apply, accordingly, the provisions of the provided in art. I of the present law. + Article XI This Law shall enter into force on the date of its publication in the Official Gazette of Romania, Part I, and shall be implemented as follows: 1. the provisions on preventive arrest and search, from the date of entry into force of the law; 2. the other provisions, as of 1 January 2004. + Article XII The code of criminal procedure, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was passed by the Senate at the meeting of June 12, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of June 17, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, June 24, 2003. No. 281. -------