Law No. 508 Of 17 November 2004 On The Establishment, Organization And Functioning Of The Public Ministry Of The Directorate For The Investigation Of Organized Crime And Terrorism

Original Language Title:  LEGE nr. 508 din 17 noiembrie 2004 privind înfiinţarea, organizarea şi funcţionarea în cadrul Ministerului Public a Direcţiei de Investigare a Infracţiunilor de Criminalitate Organizată şi Terorism

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Law No. 508 of 17 November 2004 (* updated *) concerning the establishment, organization and functioning of the Public Ministry of the Directorate for the investigation of organized crime and terrorism (updated up to April 17, 2016) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter I General provisions Article 1 (1) this law shall establish the Directorate for investigating organized crime and terrorism, as a structure with legal personality that specializes in fighting organized crime and terrorism, within the Prosecutor's Office attached to the High Court of Cassation and justice).
  

(2) the Attorney general's Office of the High Court of Cassation and justice leads the direction of investigation of organized crime and terrorism through the Prosecutor-in-Chief of the Directorate for investigating organized crime and terrorism.
  

(3) the Attorney general's Office of the High Court of Cassation and justice, resolves conflicts of competence arising between the direction of investigation of organized crime and terrorism and other structures or units within the Public Ministry.
  

(4) the Chief Public Prosecutor of the Department of investigation of organized crime and terrorism is the originator and secondary, in the exercise of his powers, issue orders with internal character).
  

(5) Financing current expenditure and capital of the Directorate for investigating organized crime and terrorism is ensured from the State budget, the funds intended for the Department of investigation of organized crime and terrorism being highlighted in the budget of the Prosecutor's Office attached to the High Court of Cassation and justice.
  

(6) the Annual deposit of 1.000.000 for actions regarding the Organization and finding blatant crimes or arising from the use of undercover investigators to their collaborators, informers times available to the Prosecutor-in-Chief of the Directorate for investigating organized crime and terrorism, and its management and utilization is determined by order of the Chief Prosecutor of the directions.
  

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Art. 1 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 2 (1) direction of investigation of organized crime and terrorism has the following duties: a) prosecution for offences provided for in this law and in special laws;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 2 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.

b) management, monitoring and control of acts of criminal investigation, carried out the order of the Prosecutor by the officers and agents of the judicial police organised in specialised structures in the fight against organised crime, at both central and regional levels, in coordination of the Directorate for investigating organized crime and terrorism, or detached within the Directorate. The officers and agents of the judicial police seconded only the activities provided for in art. 142 paragraph 2. (1) of the code of criminal procedure.
  

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Lit. b) of paragraph 2. (1) of article 1. 2 was amended by section 1 of article. III of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.

c) referral of the courts for the taking of the measures provided for by law for prosecuting crimes data causes within the competence of the Directorate for investigating organized crime and terrorism;
  

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Lit. c) of paragraph 2. (1) of article 1. 2 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.
c ^ 1) management, monitoring and control of the technical activities of the criminal investigation, carried out by specialists in the field of economic, financial, banking, customs, as well as in other areas, known as the Directorate for the investigation of organized crime and terrorism;
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Lit. c ^ 1) para. (1) of article 1. 2 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.

(d) to study the causes that give rise to) deal with organized crime, drug trafficking, crime and terrorism and the conditions that favor them, drawing up proposals with a view to their removal, as well as for the improvement of criminal legislation in this area;
  

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Lit. d) of paragraph 2. (1) of article 1. 2 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.

e) creation and updating of a database regarding what crimes are given within the competence of the Directorate for investigating organized crime and terrorism;
  

(f) exercise any other powers provided for) of the criminal procedure code and special laws.
  

(2) the direction of investigation of organized crime and terrorism, exercise the rights and fulfil the obligations laid down in procedural law, in cases concerning offences assigned by this law under its jurisdiction.
  

(3) the Prosecutor's Office Prosecutors courts participating in the prosecution of any request addressed to the courts in cases within the competence of the Directorate, as well as in trials in the substance and in the remedies, in cases in which the direction of investigation of organized crime and terrorism has referred the matter to the courts, putting the conclusions and exercising legal remedies, except in cases in which prosecutors for the Investigation Division of organized crime and terrorism încunoştinţează ARO In addition to the competent court and that the Court will participate directly.
  

— — — — — — — — — — —-. (3) art. 2 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Chapter II Organization and work of the Directorate for investigating organized crime and terrorism Article 3 Department of investigation of organized crime and terrorism is headed by a Chief Prosecutor, Deputy Prosecutor Prime assimilated to general prosecutor's Office attached to the High Court of Cassation and justice. The Chief Prosecutor of the Department of investigation of organized crime and terrorism is assisted by a Deputy Chief Prosecutor, Deputy Prosecutor general of REM's Office attached to the High Court of Cassation and justice, and 2 counselors, assimilated Adviser's Office of the general prosecutor's Office attached to the High Court of Cassation and justice.
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Art. 3 was amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 4 (1) direction of investigation of organized crime and terrorism is organized in Central and territorial structure structure.
  

(2) within the central structure is organized by order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism, services, offices and cubicles, led by Chief prosecutors.
  

(3) The territorial constituency of prosecutors of the Court of appeal shall be established by order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism and territorial services led by Chief prosecutors.
  

(4) by order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism may establish or abolish the territorial constituency offices of prosecutors of the tribunals. The offices are headed by Chief prosecutors. In the case of territorial offices, abolition of their staff will be taken up within the framework of territorial services under which or in other territorial offices under the same service levels.
  

(5) the number of prosecutors employed in departments and offices of the central structure, as well as in services and territorial offices shall be established by the Chief Prosecutor of the Directorate for investigating organized crime and terrorism, depending on the volume and complexity of work, within the limit of the total number of approved posts.
  

(6) within the Directorate for investigating organized crime and terrorism will operate an Office of information and public relations, which will provide liaison with the public and with the means of mass communication.
  


(7) the Office referred to in paragraph 1 the driver. (6) may be a prosecutor appointed by the Attorney-in-Chief of the Directorate for investigating organized crime and terrorism or a journalist, employed as a specialist, called the competition or exam.
  

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Art. 4 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 5 the direction for the investigation of organized crime and terrorism fall with prosecutors, experts in the field of processing and recovery of information, economic, financial, banking, customs, and in other areas, officers and agents of the judicial police, support staff, administrative staff and, in the limit of posts appended.
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Art. 5 was amended by paragraph 2 of article 9. III of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.


Article 6 Repealed.
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Art. 6 it was repealed by section 8 of article. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 7 Repealed.
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Art. 7 was repealed by section 8 of article. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 8 Repealed.
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Art. 8 was repealed by lit. b) art. X, Title XVII of the Act nr. 247 of 19 July 2005, published in Official Gazette No. 653 of 22 July 2005.


Article 9 (1) the officers and agents of the judicial police specifically designated under art. 27 performs only those acts of criminal investigation ordered by prosecutors investigating Directorate of organized crime and terrorism, under the coordination and supervision of them.
  

— — — — — — — — — — —-. (1) of article 1. 9 has been modified by point 9 of article. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.

(2) the prosecutors from the Directorate for investigating organized crime and terrorism are mandatory for officers and agents of the judicial police referred to in paragraph 1. (1) Acts prepared by the officers. and judicial police agents from the disposal of the Prosecutor are conducted on its behalf.
  


Article 9 ^ 1 (1) for the purpose of carrying out the activities provided for in art. 142 paragraph 2. (1) of the criminal procedure code, within the Directorate for investigating organized crime and terrorism works, through detachment, officers or agents of the judicial police, under the direct management and control of the public prosecutors, within the limits of workstations Division as provided by law.
  

(2) posting of officers and agents of the judicial police shall be at the request of the Prosecutor-in-Chief of the Directorate for investigating organized crime and terrorism by the Interior Minister, for a period not exceeding 3 years, with possibility of prolongation of 3 in 3 years, with their consent.
  

(3) appointment of officers and judicial police agents referred to in paragraph 1. (1) shall be made by order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism.
  

(4) the termination of the secondment of officers and agents of the judicial police under the direction can ordain before the period referred to in paragraph 1. (2) by order of the Prosecutor motivated Chief Directorate for investigating organized crime and terrorism.
  

(5) for the duration of the secondment, the officers and agents of the judicial police may not receive from the hierarchically superior bodies any task.
  

(6) the provisions within the Directorate of prosecutors investigating organized crime and terrorism are mandatory for officers and police agencies. The acts drawn up by the Prosecutor's written disposal are carried out in its name.
  

(7) the officers and agents of the judicial police referred to in paragraph 1. (1) have the rights and obligations stipulated by law for police officers and police agencies, with the exceptions provided for in this Act, and, accordingly, of the rights provided for in art. 11 and 23 of the Government Emergency Ordinance nr. 27/2006 concerning remuneration and other rights of judges, prosecutors and other personnel from the justice system, approved with amendments and completions by law No. 45/2007, as amended and supplemented.

(8) remuneration of officers and judicial police agents referred to in paragraph 1. (1) shall be subject to the legal provisions applicable to officers and agents of the judicial police from the National Directorate against corruption.
  

(9) the powers provided by law for the Minister of internal affairs concerning the duties and responsibilities devolving upon the officers and agents of the judicial police on secondment shall be exercised by the Chief Prosecutor of the Directorate for investigating organized crime and terrorism. Powers relating to the granting of the professional ranks for the officers and agents of the judicial police on secondment shall be exercised by the Minister of Internal Affairs, on the proposal of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism.
  

(10) the provisions of article 4. 6 of law No. 364/2004 on the organisation and operation of the judicial police, republished, with subsequent amendments, shall apply accordingly in relation to the work of the officers and agents of the judicial police.
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Art. 9 ^ 1 was introduced by point 3 of article 1. III of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.


Article 10 (1) within the Directorate for investigating organized crime and terrorism are appointed, by order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism, with the opinion of the Ministers, highly qualified specialists in the field of processing and recovery of information, economic, financial, banking, customs, as well as in other areas, in order to clarify certain aspects of the technical or specialist in criminal activity.
  

(2) referred to in paragraph 1. Specialists (1) have the status of civil servant and operate under direct management, oversight and control of prosecutors from the Directorate for the investigation of organized crime and terrorism. Specialists have the rights and obligations stipulated by law for civil servants, with the exceptions provided for in this law. Also, specialists receive properly, the rights referred to in art. 11 and 23 of the Government Emergency Ordinance nr. 27/2006 concerning remuneration and other rights of judges, prosecutors and other personnel from the justice system, approved with amendments and completions by law No. 45/2007, as amended and supplemented.

(3) the technical and scientific Finding carried out the order of the Prosecutor's written by the experts referred to in paragraph 1. (1) constitutes evidence, pursuant to article. 172 of the code of criminal procedure.
  

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Art. 10 was amended by section 1 of article. 75, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 11 the Office of District Attorney, agent or officer of judicial police specialist times Division investigating organized crime and terrorism is incompatible with any other public or private office, except for teaching positions in higher education.
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Art. 11 was amended by paragraph 4 of art. III of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.


Chapter III the competence of the Directorate for investigating organized crime and terrorism in article 12 (1) the competence of the Directorate for investigating organized crime and terrorism, irrespective of the status of the person: a) the following offences, if committed for the purpose of their came a criminal organized group in the sense referred to in art. 367 para. (6) of the criminal code: (i) the offences referred to in articles. 188, art. 189, art. 205, art. 207, art. 209, art. 212-215, art. 217, art. 249-252, art. 263, art. 264, art. 310, art. 311, art. 313, if counterfeit are among the values referred to in article 1. and article 310. 311, art. 314, art. 315, art. 316, where values are among the foreign counterfeits. and article 310. 311, art. 325, art. 342-347, art. 351, art. 359, art. 360-366 of the penal code;
— — — — — — — — — — —-(i) of subparagraph (a). of paragraphs 1 to 5). (1) of article 1. 12 was amended by paragraph 2 of article 9. in accordance with law No. 58 of 11 April 2016, published in MONITORUL OFICIAL nr. 285 of 14 April 2016, which amended article 1. The EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.

(ii) the offences referred to in articles. 228, art. 229, art. 232 with reference to art. 228-229, art. 233-237, art. 239-242, art. 244, art. 245-248, art. 295, art. 308-309 with reference to art. 295 of the penal code, art. 307, art. 309 with reference to art. 307 of the penal code, if, irrespective of the number of concurrent offences, it has produced a material damage higher than the equivalent in lei of the sum of 500,000 euro;
(iii) the offence provided for in art. 5 of law No. 11/1991 on combating unfair competition, as amended and supplemented;
(iv) offences provided for by law No. 297/2004 relating to the capital market, as amended and supplemented;
(v) the crimes provided for in Act No.. 241/2005 for prevention and combating tax evasion, with subsequent amendments, if concerned, irrespective of the number of concurrent offences, it has produced a material damage higher than the equivalent in lei of the sum of 500,000 euro;
(vi) the crimes provided for in Act No.. 86/2006 Customs Code of Romania, as amended and supplemented;
(vii) the offence provided for in art. Act No. 155 95/2006 on the reform in the field of health, as amended and supplemented;

(b)) the following crimes, regardless of whether they were committed or not under the conditions provided for in the organized crime group art. 367 para. (6) of the criminal code: (i) the offences referred to in articles. 210-211, art. 217 with reference to art. 210-211, art. 303, art. 309 with reference to art. 303, art. 325, art. 328 offence if the Act concerns provided by art. 325, art. 360-366, art. 374, art. 394-412 of the penal code;
(ii) offences provided for by law No. safety 51/1991 a României, as amended and supplemented;
(iii) offences provided for by law No. 111/1996 on conducting safe, regulating, licensing and control of nuclear activities, republished, with subsequent amendments and additions;
(iv) offences provided for by law No. 143/2000 on preventing and combating trafficking in human beings and illicit consumption of drugs, with subsequent modifications and completions;
(v) the crimes provided for in Act No.. 535/2004 on preventing and combating terrorism, as amended and supplemented;
(vi) the crimes prescribed by Government Emergency Ordinance nr. 121/2006 relating to the legal regime of drug precursors, as amended by law No. 186/2007, as amended;
(vii) offences provided for by law No. 194/2011 on control of products likely to have psychoactive effects, other than those provided for by the regulations in force, republished;
— — — — — — — — — — — — item (vii) of subparagraph (a). b) of paragraph 2. (1) of article 1. 12 was amended by section 3 of article 9. in accordance with law No. 58 of 11 April 2016, published in MONITORUL OFICIAL nr. 285 of 14 April 2016, which amended article 1. The EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.

(c) the offence referred to in article). 367 of the penal code, if the purpose of the criminal group enters any of the offences referred to in or b) to);
  

d) the offence of money laundering provided by law No. 656/2002 for the prevention and sanctioning of money laundering, as well as for measures to prevent and combat the financing of terrorism, republished, with subsequent amendments, if money, property, and the values which have been the subject of laundering money coming from committing crimes within the competence of the Directorate data investigating organized crime and terrorism;

e) offences which relate, according to art. 43 of the code of criminal procedure, with those referred to. a)-d).
  

— — — — — — — — — — —-. (1) of article 1. 12 was modified by art. The EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.

(2) specialised Prosecutors from the Directorate for investigating organized crime and terrorism carried out compulsory prosecution for offences referred to in paragraph 1. 1. (3) for the offences referred to in paragraph 1. (1) committed by juveniles or minors, criminal proceedings shall be conducted by prosecutors from the Directorate for investigating organized crime and terrorism, specifically appointed by the Attorney general's Office of the High Court of Cassation and justice.
  

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Art. 12 was changed from point 11 of article 1. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Chapter IV procedural Provisions in article 13 (1) the persons involved in the management or control are bound to refer the matter to the Department of investigation of organized crime and terrorism with respect to any information or data which shows that it has committed one of the offences attributed to this law within the competence of the Directorate for investigating organized crime and terrorism.
  

(2) persons with powers of inspection are required as in the course of conducting the control Act, in the circumstances referred to in paragraph 1. (1), to ensure and preserve traces of the crime, tort and any evidence that can serve the criminal prosecution bodies.
  

(3) services and bodies specialising in the collection and processing of information have the obligation to make available as soon as the Department of investigation of organized crime and terrorism, all data and information held in connection with the perpetration of offences referred to in articles. 12. (4) services and bodies specialising in the collection and processing of information, at the request of the Prosecutor-in-Chief of the Directorate for investigating organized crime and terrorism or the Prosecutor specifically designated by it, shall make available all the data and information referred to in paragraph 1. (3) unworked.
  

(5) if the arrangement or acts leading up to the crimes against national security and for the crime of terrorism, the Directorate for investigating organized crime and terrorism încunoştinţează the State with powers in matters of national security, according to their legal skills and, where appropriate, require the support of specialist.
  

(6) failure to comply with the obligations laid down in paragraph 1. (1) to (5) shall entail the liability according to the law.
  


Article 14 (1) If in the course of conducting criminal prosecutors prosecutors of the Court finds that the offence constituting the subject-matter of the case is one of the crimes attributed to this law within the competence of the Directorate for investigating organized crime and terrorism, they have an obligation to forward the dossier to the competent prosecutor immediately.
  

(2) If in the course of carrying out specific activities of the police investigation finds that the Act forming the subject-matter of the case is one of the crimes attributed to this law within the competence of the Directorate for investigating organized crime and terrorism, they are required to submit without delay the work of the competent prosecutor.
  


Article 15 the direction for the investigation of organized crime and terrorism is authorized to possess and use appropriate means for obtaining, verification, processing, storing and finding information regarding the crime data under its jurisdiction, in accordance with the law. Any data and information that is transmitted to the Directorate competence excedează authorities empowered by law.
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Art. 15 was changed from point 12 of article 4. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 16 Repealed.
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Art. 16 it was repealed by section 2 of art. 75, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 17 Repealed.
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Art. 17 was repealed by section 2 of art. 75, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 18 any person who has committed one of the offences attributed to this law within the competence of the Directorate for investigating organized crime and terrorism, and during the criminal investigation, and facilitates the identification and denounces the criminal liability of other participants in committing the offence shall benefit from a reduction by half of the limits of the punishment prescribed by law.


Article 19 Repealed.
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Art. 19 was repealed by section 2 of art. 75, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 20 (1) the indictments drawn up by prosecutors in departments and offices of the Directorate for investigating organized crime and terrorism are also heads of prosecutors of those times.
  

(2) the indictments drawn up by prosecutors-heads of territorial offices are verified by the Chief Prosecutors of territorial services.
  


(3) the indictments drawn up by prosecutors-heads of territorial services and prosecutors in the central structure of the Directorate for investigating organized crime and terrorism are checked according to the specialisation of prosecutors-heads of the services. When the indictments are issued by the Chief Prosecutors of the services within the central structure of the Directorate for investigating organized crime and terrorism, the check is done by the Chief Prosecutor of the directions.
  

(4) a complaint against measures taken or acts done by the Prosecutor of the time performed on the basis of the provisions of this data shall be handled by the prosecutors referred to in paragraph 1, hierarchical (1) to (3).
  

(5) the conflict of jurisdiction arises between the structures within the Directorate for investigating organized crime and terrorism, resolve by the Chief Prosecutor of the Directorate.
  

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Art. 20 was amended by section 1 of article. VII of the EMERGENCY ORDINANCE nr. 60 of 6 September 2006, published in MONITORUL OFICIAL nr. 764 from September 7, 2006.


Article 20 ^ 1 prosecutors in the central structure of the Directorate for investigating organized crime and terrorism can take, in order to carry out criminal prosecution, causes the competence of territorial structures of the Directorate, the order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism.
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Art. 20 ^ 1 was amended by section 3 of article 9. 75, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 21 Repealed.
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Art. 21 was repealed by paragraph 4 of art. 75, title II of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter V international cooperation Article 22 reciprocal for consultation with similar bodies in other countries, in the case of offences within the competence of the Directorate for investigating organized crime and terrorism and the exchange of data and information relating to investigation of these crimes, set up an international judicial assistance office that works within the Directorate for investigating organized crime and terrorism in direct subordination to the Chief Prosecutor.


Chapter VI final provisions Article 23 (1) direction of investigation of organized crime and terrorism works with the following total posts: a) 234 posts of Prosecutor;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 23 has been amended by paragraph 5. (1) of article 1. in JUDGEMENT No. 541 of 8 July 2015, published in MONITORUL OFICIAL nr. 524 of 14 July 2015, by supplementing the number of posts of attorney with 4 positions.

b) 23 posts of specialists;
  

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Lit. b) of paragraph 2. (1) of article 1. 23 has been amended by paragraph 5. (2) of article 9. in JUDGEMENT No. 541 of 8 July 2015, published in MONITORUL OFICIAL nr. 524 of 14 July 2015, by reducing the number of specialist positions with 17 posts.

c) 245 posts support staff and administration.
  

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Lit. c) of paragraph 2. (1) of article 1. 23 has been amended by paragraph 5. (3) art. in JUDGEMENT No. 541 of 8 July 2015, published in MONITORUL OFICIAL nr. 524 of 14 July 2015, by supplementing the number of support staff positions and administrative specialist with 13 posts.
— — — — — — — — — —-. (1) of article 1. 23 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 7 out of 10 February 2005, published in Official Gazette No. 177 of 1 March 2005.

d) 40 posts of officers and agents of the judicial police, with the appropriate supplementation of the maximum number of posts provided for the Public Ministry.
  

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Lit. d) of paragraph 2. (1) of article 1. 23 was introduced by section 5 of art. III of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.

(2) number of posts referred to in paragraph 1. (1) includes requirements for structures of the Department of investigation of organized crime and terrorism.
  

(3) the maximum number of posts of the Department of investigation of organized crime and terrorism may be amended by decision of the Government.
  

— — — — — — — — — — —-. (3) art. 23 was introduced by the pct, article 18. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 24 (1) Repealed.
  

— — — — — — — — — — —-. (1) of article 1. 24 was repealed by lit. s) art. 41, chap. Vi of the EMERGENCY ORDINANCE nr. 27 of 29 March 2006, published in MONITORUL OFICIAL nr. 314 of 7 April 2006.

(2) the Chief Public Prosecutor of the Department of investigation of organized crime and terrorism is equated in terms of remuneration of the function of Adviser to the Attorney-general's Office of the High Court of Cassation and justice, and the Chief Prosecutor's Deputy Chief Prosecutor is assimilated by the Department within the Prosecutor's Office attached to the High Court of Cassation and justice.
  

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 24 was repealed by lit. s) art. 41, chap. Vi of the EMERGENCY ORDINANCE nr. 27 of 29 March 2006, published in MONITORUL OFICIAL nr. 314 of 7 April 2006.

(4) Repealed.
  

— — — — — — — — — — —-. (4) article. 24 was repealed by lit. s) art. 41, chap. Vi of the EMERGENCY ORDINANCE nr. 27 of 29 March 2006, published in MONITORUL OFICIAL nr. 314 of 7 April 2006.

(5) Repealed.
  

— — — — — — — — — — —-. (5) article. 24 was repealed by lit. s) art. 41, chap. Vi of the EMERGENCY ORDINANCE nr. 27 of 29 March 2006, published in MONITORUL OFICIAL nr. 314 of 7 April 2006.

(6) the salaries of assistants is that prescribed by law for the same categories of staff Office of the High Court of Cassation and justice.
  

(7) Repealed.
  

— — — — — — — — — — —-. (7) article. 24 was repealed c, s) art. 41, chap. Vi of the EMERGENCY ORDINANCE nr. 27 of 29 March 2006, published in MONITORUL OFICIAL nr. 314 of 7 April 2006.

(7) Repealed.
  

— — — — — — — — — — —-. (8) article. 24 was repealed by lit. s) art. 41, chap. Vi of the EMERGENCY ORDINANCE nr. 27 of 29 March 2006, published in MONITORUL OFICIAL nr. 314 of 7 April 2006.


Article 24 ^ 1 monthly or quarterly, for outstanding achievements, prosecutors, specialists, assistants and drivers can be awarded a maximum of 5% of payroll expenses, with enrolment in the approved annual funds through budget with this destination. Awards may be granted to prosecutors and other personnel who conducted or participated directly in results deemed valuable. Unused amounts can be used in the coming months within the same budget year.
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Art. 24 ^ 1 was introduced by the pct, article 19. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 25 (1) within the Directorate for investigating organized crime and terrorism works Center for Operational Applications of the prosecutors.
  

(2) to this end, the Government's decision will be assigned to Public Ministry headquarters necessary Operational Applications Center's operation of the prosecutors.
  

(3) the structure and tasks of the Centre for Operational Applications of Prosecutors shall be determined by order of the Attorney-in-Chief of the Directorate for investigating organized crime and terrorism.
  

— — — — — — — — — — —-. (3) art. 25 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.

(4) application of the Operational Centre of prosecutors is headed by a Chief Prosecutor, assimilated Chief Prosecutor function service of the Directorate for investigating organized crime and terrorism.
  

— — — — — — — — — — —-. (4) article. 25 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.


Article 26 the provisions of law No. 303/2004 on the status of magistrates, law No. 304/2004 on the organisation of the judiciary, and law No. 317/2004 relating to the Superior Council of Magistracy shall be applied properly and the Directorate for the investigation of organized crime and terrorism.


Article 27 (1) the Ministry of administration and Interior will designate, with the assent of the general prosecutor's Office of the High Court of Cassation and justice, officers and agents of the judicial police who will work under the direction of prosecutors investigating organized crime and terrorism.
  

(2) the withdrawal of the assent of the general prosecutor's Office of the High Court of Cassation and justice shall lead to termination of the officer or staff member of judicial police under the Direction contained in the coordination structures of investigation of organized crime and terrorism.
  

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Art. Amended 27 of pct article 21. From the EMERGENCY ORDINANCE nr. 131 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,046 of 29 December 2006.



Article 28 the causes on the role of the Department for combating organised crime and drugs cross the Investigation Division shall have jurisdiction over organized crime and terrorism.


Article 29 within 30 days of the entry into force of this law, the Attorney general's Office of the High Court of Cassation and justice shall propose amendment to the regulations governing prosecutors ' offices, according to the law.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.

PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER p. PRESIDENT, DORU IOAN TĂRĂCILĂ SENATE Bucharest, 17 November 2004.
Nr. 508.
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