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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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LEGE no. 508 508 of 17 November 2004 (* updated *) on the establishment, organization and operation within the Public Ministry of the Directorate for the Investigation of Organized Crime and Terrorism ((updated until 17 April 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The present law establishes the Directorate for the Investigation of Organized Crime and Terrorism, as a structure with legal personality, specialized in combating organized crime and terrorism crimes, within the framework of the The Prosecutor's Office of the High Court of Cassation and Justice *). (2) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice leads the Directorate for Investigating Organized Crime and Terrorism through the Chief Prosecutor of the Criminal Investigation Directorate. of Organized Crime and Terrorism. (3) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice resolves the conflicts of jurisdiction arising between the Directorate for Investigating Organized Crime and Terrorism and the other structures or units. of the Public Ministry. (4) The chief prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism is a secondary authorising officer and, in the exercise of his duties, issues internal orders *). (5) The financing of the current and capital expenditures of the Directorate for the Investigation of Organized Crime and Terrorism shall be ensured from the state budget, the funds for the Crime Investigation Directorate Organized and Terrorism being distinctly highlighted in the budget of the Prosecutor's Office of the High Court of Cassation and Justice. (6) Annually a deposit of 1,000,000 lei is constituted for actions regarding the organization and finding of flagrant crimes or occasioned by the use of undercover investigators, informants or their collaborators, at the disposition of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism, and his management and use will be established by order of the chief prosecutor of this direction. ------------ Article 1 has been amended by section 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 2 (1) The Directorate for the Investigation of Organized Crime and Terrorism has the following tasks: a) conducting criminal prosecution for the offences provided for in this Law and in the special laws; ------------ Lit. a) a par. ((1) of art. 2 2 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. b) the management, supervision and control of the criminal investigation acts, made available to the prosecutor by the judicial police officers and agents organized within the specialized structures in combating organized crime, at the level central and territorial, in the coordination of the Directorate for Investigation of Organized Crime and Terrorism, or posted within the direction. Officers and seconded judicial police officers carry out only the activities provided by art. 142 142 para. (1) of the Code of Criminal Procedure. ---------- Lit. b) a par. ((1) of art. 2 2 has been amended by section 4.2 1 1 of art. III of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. c) complaint of the courts for the taking of the measures provided by law and for the adjudication of cases regarding the crimes given in the competence of the Directorate for Investigation of Organized Crime and Terrorism; ------------ Lit. c) a par. ((1) of art. 2 2 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. c ^ 1) the management, supervision and control of technical activities of the prosecution, carried out by specialists in the economic, financial, banking, customs, computer, as well as in other fields, appointed within the Directorate for Investigation of Crimes of Organized Crime and Terrorism; ------------ Lit. c ^ 1) a par. ((1) of art. 2 2 was introduced by section 4.2. 3 3 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. d) study of the causes that generate the crime of organized crime, drug trafficking, cybercrime and terrorism and the conditions that favor them, the elaboration of proposals in order to eliminate them, as well as to improve the criminal law in this field; ------------ Lit. d) a par. ((1) of art. 2 2 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. e) the establishment and updating of the database targeting the crimes that are given in the competence of the Directorate for Investigation of Organized Crime and Terrorism; f) the exercise of other powers provided by the Code of Criminal Procedure and special laws. (2) The Directorate for the Investigation of Organized Crime and Terrorism shall exercise the rights and fulfill the procedural obligations provided by law, in the cases concerning the crimes assigned by this law in its jurisdiction. (3) Prosecutors of the prosecutor's offices of the competent courts participate in the adjudication of any application to the courts in the cases of the jurisdiction of the directorate, as well as the trial in substance and the remedies, in the cases in which the Directorate of Investigation of Organized Crime and Terrorism has appealed to the courts, making conclusions and exercising legal remedies, except in cases where prosecutors of the Directorate for Investigating Crime of Crime and Criminal Investigation. Organized and Terrorism incunostinteaza the prosecutor's office of the competent court and the court that they will participate directly. ------------ Alin. ((3) of art. 2 2 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Chapter II Organization and functioning of the Directorate for the Investigation of Organized Crime and Terrorism + Article 3 The Directorate for Investigating Organized Crime and Terrorism is headed by a chief prosecutor, assimilated to the first deputy prosecutor general of the Prosecutor's Office of the High Court of Cassation and Justice. The chief prosecutor of the Directorate for Investigating Organized Crime and Terrorism is aided by a deputy chief prosecutor, assimilated to the deputy attorney general of the Prosecutor's Office of the High Court of Cassation and Justice, as well. and of 2 councillors, assimilated to councillors of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. ------------ Article 3 has been amended by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 4 (1) The Directorate for the Investigation of Organized Crime and Terrorism is organized in the central structure and territorial structure. (2) Within the central structure shall be organized by order of the chief prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism, services, offices and compartments led by chief prosecutors. (3) In the territorial district of the prosecutor's offices of the courts of appeal shall be established by order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism Territorial Services led by chief prosecutors. (4) By order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism can establish or abolish territorial offices in the territorial constituency of the prosecutor's offices of the courts. The offices are run by chief prosecutors. In case of abolition of territorial offices, their staff will be taken over within the territorial services under which they operate or within the other territorial offices subordinated to the same territorial service. (5) The number of prosecutors assigned to the services and offices of the central structure, as well as in the territorial services and offices is established by the chief prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism, in depending on the volume and complexity of the activity carried out, within the total number of approved posts (6) Within the Directorate for the Investigation of Organized Crime and Terrorism will operate an information and public relations office, which will liaise with the public and with the means of mass communication. (7) The head of the office provided in par. (6) may be a prosecutor appointed by the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism or a journalist, framed as a specialist, appointed on the basis of competition or examination. ------------ Article 4 has been amended by section 4. 6 6 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 5 The Directorate for the Investigation of Organized Crime and Terrorism falls with prosecutors, specialists in the field of processing and valorization of information, economic, financial, banking, customs, computer and other fields, officers and judicial police agents, specialized auxiliary staff, economic and administrative personnel, within the limits of the provided posts. ---------- Article 5 has been amended by section 6.6. 2 2 of art. III of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Article 6 Repealed. ------------ Article 6 was repealed by point (a). 8 8 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 7 Repealed. ------------ Article 7 was repealed by point (a). 8 8 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 8 Repealed. ------------- Article 8 was repealed by the letter. b) a art. X, Title XVII of LAW no. 247 247 of 19 July 2005 , published in MONITORUL OFFICIAL no. 653 653 of 22 July 2005. + Article 9 (1) Officers and judicial police officers specifically designated according to art. 27 carries out only those criminal investigation acts ordered by the prosecutors of the Directorate for Investigation of Organized Crime and Terrorism, under direct coordination and direct control of them. ------------ Alin. ((1) of art. 9 9 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. (2) The provisions of the prosecutors of the Directorate for Investigation of Organized Crime and Terrorism are mandatory for the officers and judicial police officers referred to in par. ((1). The documents prepared by the judicial police officers and agents in the written disposition of the prosecutor are carried out on his behalf. + Article 9 ^ 1 (1) In order to conduct the activities provided by art. 142 142 para. (1) of the Code of Criminal Procedure, within the Directorate for the Investigation of Organized Crime and Terrorism works, by detachment, officers or judicial police agents, under direct management and direct control of the prosecutors of the directorate, within the limits of the laws (2) The detention of officers and judicial police officers is ordered at the request of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism by the Minister of Internal Affairs, for a period of no more than 3 years, with the possibility of extension from 3 to 3 years, with their consent. (3) The appointment of officers and judicial police officers referred to in par. (1) is made by order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism. (4) The cessation of the posting of officers and judicial police officers within the direction may be ordered before the period provided in par. (2) by reasoned order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism. (5) During the period of secondment, officers and judicial police officers may not receive any assignment from the hierarchical authorities. (6) The provisions of prosecutors in the Directorate for Investigating Organized Crime and Terrorism are mandatory for police officers and agents. The documents prepared by them from the written provision of the prosecutor are carried out on his behalf (7) Officers and judicial police officers referred to in par. (1) have the rights and obligations provided by law for police officers and police officers, with the exceptions provided in this law, and shall, accordingly, benefit from the rights provided for in art. 11 and 23 of Government Emergency Ordinance no. 27/2006 on the payroll and other rights of judges, prosecutors and other personnel in the justice system, approved with amendments and additions by Law no. 45/2007 , with subsequent amendments and completions. (8) Salarization of officers and judicial police officers provided in par. (1) is carried out according to the legal provisions applicable to officers and judicial police officers of the National Anti-Corruption Directorate. (9) The duties provided by law for the Minister of Internal Affairs on the rights and responsibilities of the officers and judicial police officers seconded shall be exercised by the Chief Prosecutor of the Directorate for Investigation of Offences of Organized Crime and Terrorism. The duties on the granting of professional degrees for the officers and judicial police officers seconded shall be exercised by the Minister of Internal Affairs, on the proposal of the Chief Prosecutor of the Crime Investigation Directorate Organized and Terrorism. ((10) Provisions art. 6 6 of Law no. 364/2004 on the organization and functioning of the judicial police, republished, as amended, shall apply accordingly in relation to the work of the officers and judicial police officers. ---------- Article 9 ^ 1 has been introduced by item 1. 3 3 of art. III of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Article 10 (1) Within the Directorate for the Investigation of Organized Crime and Terrorism are appointed, by order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism, with the opinion of the Ministers of Crime. resort, highly qualified specialists in the field of processing and valorization of information, economic, financial, banking, customs, computer, as well as in other fields, for clarifying some technical or specialized aspects in the activity of Prosecution. (2) Specialists referred to in par. (1) have the status of civil servant and carry out their activity under the direct management, supervision and direct control of prosecutors from the Directorate for Investigation of Organized Crime and Terrorism. Specialists have the rights and obligations provided by law for civil servants, with the exceptions provided in this law. The specialists also benefit, appropriately, from the rights provided for in art. 11 and 23 of Government Emergency Ordinance no. 27/2006 on the payroll and other rights of judges, prosecutors and other personnel in the justice system, approved with amendments and additions by Law no. 45/2007 , with subsequent amendments and completions. (3) The technical-scientific finding made from the written provision of the prosecutor by the specialists referred to in par. (1) constitute means of proof, under the conditions of art. 172 of the Code of Criminal Procedure. ------------ Article 10 has been amended by section 10. 1 1 of art. 75, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 11 The position of prosecutor, agent or judicial police officer or specialist in the Directorate for the Investigation of Organized Crime and Terrorism is incompatible with any other public or private function, except for the functions of the teaching in higher education. ---------- Article 11 has been amended by section 1. 4 4 of art. III of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Chapter III Competence of the Directorate for the Investigation of Organized Crime and Terrorism + Article 12 (1) I am within the competence of the Directorate for the Investigation of Organized Crime and Terrorism, regardless of the quality of the person: a) the following crimes, if their commission entered for the purpose of an organized criminal group, in the sense provided in art. 367 367 para. ((6) of the Criminal Code: (i) the offences provided in art. 188 188, art. 189 189, art. 205 205, art. 207 207, art. 209 209, art. 212-215 212-215, art. 217 217, art. 249-252 249-252, art. 263 263, art. 264 264, art. 310 310, art. 311 311, art. 313, if the falsified values are of those provided in art. 310 310 and art. 311 311, art. 314 314, art. 315 315, art. 316, if the falsified foreign values are of those provided in art. 310 310 and art. 311 311, art. 325 325, art. 342-347 342-347, art. 351 351, art. 359 359, art. 360-366 of the Criminal Code; ------------ Pct. ((i) lit. a) a par. ((1) of art. 12 12 has been amended by section 2 2 of art. unique from LAW no. 58 58 of 11 April 2016 , published in MONITORUL OFFICIAL no. 285 285 of 14 April 2016, amending art. II of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. (ii) the offences provided in art. 228 228, art. 229 229, art. 232 with reference to art. 228-229 228-229, art. 233-237 233-237, art. 239-242 239-242, art. 244 244, art. 245-248 245-248, art. 295 295, art. 308-309 with reference to art. 295 of the Criminal Code, art. 307 307, art. 309 with reference to art. 307 of the Criminal Code, if in question, regardless of the number of competing crimes, a material damage occurred higher than the equivalent in lei of 500,000 euros; (iii) the offence provided by art. 5 5 of Law no. 11/1991 on combating unfair competition, with subsequent amendments and completions; ((iv) the offences provided by Law no. 297/2004 on the capital market, with subsequent amendments and completions; ((v) offences provided for by Law no. 241/2005 to prevent and combat tax evasion, as amended, if in question, regardless of the number of competing crimes, a material damage occurred higher than the equivalent in lei of 500,000 euros; ((vi) the offences provided by Law no. 86/2006 on the Customs Code of Romania, with subsequent amendments and completions; (vii) the offence provided by art. 155 155 of Law no. 95/2006 on health care reform, with subsequent amendments and completions; b) the following crimes, whether or not they were committed under the conditions of the organized criminal group provided by art. 367 367 para. ((6) of the Criminal Code: (i) the offences provided in art. 210-211 210-211, art. 217 with reference to art. 210-211 210-211, art. 303 303, art. 309 with reference to art. 303 303, art. 325 325, art. 328, if the act concerns the crime provided by art. 325 325, art. 360-366 360-366, art. 374 374, art. 394 394-412 of the Criminal Code; ((ii) the offences provided by Law no. 51/1991 on the national security of Romania, with subsequent amendments and completions; (iii) the offences provided by Law no. 111/1996 on the safe conduct, regulation, authorization and control of nuclear activities, republished, with subsequent amendments and completions; ((iv) the offences provided by Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, as amended and supplemented; ((v) offences provided for by Law no. 535/2004 on the prevention and combating of terrorism, as amended and supplemented; ((vi) the offences provided by Government Emergency Ordinance no. 121/2006 on the legal regime of drug precursors, approved with amendments by Law no. 186/2007 ,, as amended; (vii) the offences provided by Law no. 194/2011 on combating operations with products likely to have psychoactive effects, other than those provided by normative acts in force, republished; ------------ Pct. ((vii) al lit. b) a par. ((1) of art. 12 12 has been amended by section 3 3 of art. unique from LAW no. 58 58 of 11 April 2016 , published in MONITORUL OFFICIAL no. 285 285 of 14 April 2016, amending art. II of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. c) the crime provided in art. 367 of the Criminal Code, if for the purpose of the criminal group enter any of the crimes provided in lett. a) or b); d) the crime of money laundering provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorism, republished, as amended, if the money, goods and values that were the subject of the money comes from the commission of crimes given in the competence of the Directorate for Investigation of Organized Crime and Terrorism; e) the offences related, according to art. 43 of the Code of Criminal Procedure, with those provided in lett. a)-d). ------------ Alin. ((1) of art. 12 12 has been amended by art. II of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. (2) The specialized prosecutors of the Directorate for Investigation of Organized Crime and Terrorism shall compulsorily carry out the prosecution for the crimes provided in par. ((1). (3) For the offences referred to in par. (1) committed by minors or on minors, the prosecution is carried out by prosecutors from the Directorate for Investigation of Organized Crime and Terrorism, namely designated by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. ------------ Article 12 has been amended by section 4.2. 11 11 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Chapter IV Procedural provisions + Article 13 (1) Persons with powers of management or control shall be obliged to notify the Directorate for the Investigation of Organized Crime and Terrorism of any data or information from which it follows that one of the the offences assigned by this law in the jurisdiction of the Directorate for the Investigation of Organized Crime and Terrorism. (2) Persons with control powers are obliged as during the performance of the control act, in the situations provided in par. (1), to proceed with the insurance and preservation of the traces of the crime, of the crimes and of any means of evidence that may serve the prosecution bodies. (3) The services and bodies specialized in the collection and processing of information have the obligation to immediately make available to the Directorate for the Investigation of Organized Crime and Terrorism all data and information held in connection with the commission of the offences provided in 12. (4) The services and bodies specialized in the collection and processing of information, at the request of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism or of the prosecutor specifically designated by him, will put them to all the data and information provided in par. ((3), unprocessed. (5) In case of disposition or conduct of prior acts for offences against national security and for terrorist offences, the Directorate for the Investigation of Organized Crime and Terrorism shall incuse the bodies of state with attributions in the field of national security, according to their legal powers and, as the case may be, request their expert support. (6) Failure to comply with the obligations (1)-(5) attracts legal liability, according to the law. + Article 14 (1) If during the course of the prosecution prosecutors of the prosecutor's offices of the courts find that the crime that constitutes the object of the case is one of the offences assigned by this law in the jurisdiction of Investigation of Organized Crime and Terrorism, they have the obligation to immediately submit the file to the competent prosecutor. (2) If in the course of carrying out specific investigation activities the police bodies find that the act forming the object of the case is one of the offences assigned by this law in the jurisdiction of the Directorate for Investigation of Offences of Organized Crime and Terrorism, they have the obligation to immediately submit the work of the competent prosecutor. + Article 15 The Directorate for the Investigation of Organized Crime and Terrorism is authorized to hold and use appropriate means for obtaining, verifying, processing, storing and uncovering information regarding criminal offences. data in its competence, under the law. Any data and information that exceeds the competence of the directorate shall be transmitted to the competent authorities ------------ Article 15 has been amended by section 6.6. 12 12 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 16 Repealed. ------------ Article 16 has been repealed by point (a) 2 2 of art. 75, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 17 Repealed. ------------ Article 17 has been repealed by point (a) 2 2 of art. 75, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 18 The person who committed one of the offences assigned by this law in the jurisdiction of the Directorate for the Investigation of Organized Crime and Terrorism, and during the criminal prosecution denounces and facilitates the identification and firing at criminal liability of other participants in the commission of the crime benefits from the reduction of the limits of the sentence provided by law + Article 19 Repealed. ------------ Article 19 has been repealed by point (a) 2 2 of art. 75, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 20 (1) The sharks drawn up by the prosecutors of the territorial services and offices of the Directorate for the Investigation of Organized Crime and Terrorism are verified by the chief prosecutors of these services or offices. (2) The sharks drawn up by the chief prosecutors of the territorial offices are checked by the chief prosecutors of the territorial services. (3) The sharks drawn up by the chief prosecutors of the territorial services, as well as by the prosecutors of the central structure of the Directorate for the Investigation of Organized Crime and Terrorism are verified according to the specialization of Chief prosecutors of the services. When the indictments are drawn up by the chief prosecutors of the services within the central structure of the Directorate for Investigation of Organized Crime and Terrorism, the verification is made by the chief prosecutor of this direction. (4) 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 hierarchical prosecutors provided ((1)-(3). (5) The conflict of competence arising between the structures within the Directorate for the Investigation of Organized Crime and Terrorism shall be resolved by the chief prosecutor of the Directorate. ----------- Article 20 has been amended by point 1 1 of art. VII of EMERGENCY ORDINANCE no. 60 60 of 6 September 2006 , published in MONITORUL OFFICIAL no. 764 764 of 7 September 2006. + Article 20 ^ 1 Prosecutors from the central structure of the Directorate for Investigation of Organized Crime and Terrorism can take over, in order to carry out criminal prosecution, cases of competence of territorial structures of the directorate, from the provision motivated by the chief prosecutor of the Directorate for Investigating Organized Crime and Terrorism. ------------ Article 20 ^ 1 has been amended by section 1. 3 3 of art. 75, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 21 Repealed. ------------ Article 21 has been repealed by point (a) 4 4 of art. 75, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Chapter V International cooperation + Article 22 In order to consult each other with similar bodies in other countries, in the case of crimes of competence of the Directorate for the Investigation of Organized Crime and Terrorism and the exchange of data and information on research of these crimes, an international judicial assistance office is established, which operates within the Directorate for the Investigation of Organized Crime and Terrorism, in the direct subordination of the chief prosecutor. + Chapter VI Final provisions + Article 23 (1) The Directorate for the Investigation of Organized Crime and Terrorism works with the following total number of posts: a) 234 posts of prosecutor; ---------- Lit. a) a par. ((1) of art. 23 was amended by para. ((1) art. unique of JUDGMENT no. 541 541 of 8 July 2015 , published in MONITORUL OFFICIAL no. 524 of July 14, 2015, by supplementing the number of prosecutor posts with 4 posts. b) 23 posts of specialists; ---------- Lit. b) a par. ((1) of art. 23 was amended by para. ((2) art. unique of JUDGMENT no. 541 541 of 8 July 2015 , published in MONITORUL OFFICIAL no. 524 of 14 July 2015, by reducing the number of specialist posts with 17 posts. c) 245 positions of specialist and administrative auxiliary staff. ---------- Lit. c) a par. ((1) of art. 23 was amended by para. ((3) art. unique of JUDGMENT no. 541 541 of 8 July 2015 , published in MONITORUL OFFICIAL no. 524 of 14 July 2015, by supplementing the number of specialized and administrative auxiliary staff positions with 13 posts. ----------- Alin. ((1) of art. 23 23 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 7 7 of 10 February 2005 , published in MONITORUL OFFICIAL no. 177 177 of 1 March 2005. d) 40 posts of officers and judicial police agents, with the appropriate supplementation of the maximum number of posts provided for the Public Ministry. ---------- Lit. d) a par. ((1) of art. 23 23 was introduced by section 4.2. 5 5 of art. III of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. (2) The number of posts provided in par. (1) includes the requirement for territorial structures of the Directorate for the Investigation of Organized Crime and Terrorism. (3) The maximum number of posts of the Directorate for Investigation of Organized Crime and Terrorism can be modified by Government decision. ------------ Alin. ((3) of art. 23 23 has been introduced by section 18 18 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 24 ((1) Abrogat. ------------ Alin. ((1) of art. 24 24 was repealed by lit. e) a art. 41, Cap. VI of EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , published in MONITORUL OFFICIAL no. 314 314 of 7 April 2006. (2) The Chief Prosecutor of the Directorate for Investigating Organized Crime and Terrorism is assimilated from the point of view of the salarization of the office of counsel of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, and the deputy chief prosecutor is assimilated to the chief section prosecutor of the Prosecutor's Office of the High Court of Cassation and Justice. ((3) Abrogat. ------------ Alin. ((3) of art. 24 24 was repealed by lit. e) a art. 41, Cap. VI of EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , published in MONITORUL OFFICIAL no. 314 314 of 7 April 2006. ((4) Abrogat. ------------ Alin. ((4) of art. 24 24 was repealed by lit. e) a art. 41, Cap. VI of EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , published in MONITORUL OFFICIAL no. 314 314 of 7 April 2006. ((5) Abrogat. ------------ Alin. ((5) of art. 24 24 was repealed by lit. e) a art. 41, Cap. VI of EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , published in MONITORUL OFFICIAL no. 314 314 of 7 April 2006. (6) The salary of the specialized auxiliary staff is the one provided by law for the same categories of personnel of the Prosecutor's Office of the High Court of Cassation and Justice. ((7) Abrogat. ------------ Alin. ((7) of art. 24 24 was repealed by letter, e) a art. 41, Cap. VI of EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , published in MONITORUL OFFICIAL no. 314 314 of 7 April 2006. ((8) Abrogat. ------------ Alin. ((8) of art. 24 24 was repealed by lit. e) a art. 41, Cap. VI of EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , published in MONITORUL OFFICIAL no. 314 314 of 7 April 2006. + Article 24 ^ 1 Monthly or quarterly, for special merits, prosecutors, specialists, auxiliary staff and drivers can be awarded within 5% of the payroll expenses, with the classification in the funds approved annually by budget with this destination. Prizes can be awarded to prosecutors and other staff who have achieved or participated directly in obtaining valuable results as valuable. Unconsumed amounts can be used in the coming months within the same budget year. ------------ Art. 24 ^ 1 was introduced by item 1. 19 19 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 25 (1) Within the Directorate for the Investigation of Organized Crime and Terrorism operates the Center for Operational Applications of Prosecutors. (2) For this purpose, by decision of the Government will be assigned to the Public Ministry the headquarters necessary for the operation of the Center for Operational Applications of Prosecutors (3) The structure and attributions of the Center for Operational Applications of Prosecutors shall be established by order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism. ------------ Alin. ((3) of art. 25 25 has been introduced by section 20 20 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. (4) The Center for Operational Applications of Prosecutors is headed by a chief prosecutor, assimilated to the office of chief prosecutor service of the Directorate for Investigation of Organized Crime and Terrorism. ------------ Alin. ((4) of art. 25 25 has been introduced by section 20 20 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 26 Provisions Law no. 303/2004 on the status of magistrates, of Law no. 304/2004 on judicial organisation as well as of Law no. 317/2004 on the Superior Council of Magistracy also applies accordingly to the Directorate for the Investigation of Organized Crime and Terrorism. + Article 27 (1) The Ministry of Administration and Interior will nominate nominally, with the assent of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the officers and judicial police officers who will carry out their work under coordinating the prosecutors of the Directorate for Investigating Organized Crime and Terrorism. (2) The withdrawal of the assent of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice leads to the termination of the work of the officer or the judicial police officer within the structures in the coordination Investigating Organized Crime and Terrorism. ------------ Article 27 has been amended by section 6.6. 21 21 of art. I of EMERGENCY ORDINANCE no. 131 131 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.046 1.046 of 29 December 2006. + Article 28 The cases pending before the Organized Crime and Drug Enforcement Section pass within the competence of the Directorate for Investigating Organized Crime and Terrorism. + Article 29 Within 30 days of the entry into force of this law, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice will propose the amendment and completion of the regulation of prosecutors ' offices, under the law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALER DORNEANU
p. SENATE PRESIDENT,
DORU IOAN TARACILA Bucharest, November 17, 2004. No. 508. -------