Advanced Search

Law No. 304 Of 28 June 2004 (Republished) Concerning Judicial Organization

Original Language Title:  LEGE nr. 304 din 28 iunie 2004 (*republicată*) privind organizarea judiciară

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 304 304 of 28 June 2004 (** republished) (* updated *) on judicial organisation ((updated until 23 May 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. XIV of Title XVI of Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, giving the texts a new numbering. Law no. 304/2004 was published in the Official Gazette of Romania, Part I, no. 576 576 of 29 June 2004 and has been amended by Government Emergency Ordinance no. 124/2004 , published in the Official Gazette of Romania, Part I, no. 1.168 of 9 December 2004, approved with amendments and additions by Law no. 71/2005 , published in the Official Gazette of Romania, Part I, no. 300 300 of 11 April 2005. The judicial organization is established with the purpose of ensuring respect for the rights and fundamental freedoms of the person provided, mainly, in the following documents: human rights and fundamental freedoms, the United Nations Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union, and to ensure respect for the Constitution and laws of the country Judicial organisation also has as its basic objective ensuring respect for the right to a fair trial and the adjudication of trials by courts impartially and independently of any extranee influences. + Title I General provisions + Chapter I Principles of judicial + Article 1 (1) The judicial power shall be exercised by the High Court of Cassation and Justice and by the other courts established by law. (2) The Superior Council of Magistracy is the guarantor of judicial independence. (3) The Public Ministry exercises its duties through prosecutors constituted in prosecutors ' offices, under the law. + Article 2 (1) Justice is performed in the name of the law, it is unique, impartial and equal for all. ((2) Justice shall be carried out by the following courts: a) High Court of Cassation and Justice; b) call yards; c) tribunals; d) specialized courts; e) military courts; f) judges. + Article 3 The jurisdiction of judicial bodies and judicial proceedings are established by law. + Article 4 (1) In judicial activity the Public Ministry represents the general interests of the society and defends the order of law, as well as the rights and freedoms (2) The prosecutor's offices operate in addition to the courts, conduct and supervise the criminal investigation activity of the judicial police, under the law. + Article 5 The Ministry of Justice ensures proper organization and administration of justice as a public service + Chapter II Access to justice + Article 6 (1) Any person may address justice for the protection of the rights, freedoms and his legitimate interests in the exercise of his right to a fair trial. ((2) Access to justice cannot be restricted. + Article 7 (1) All persons are equal before the law, without privileges and without discrimination. ((2) Justice shall be conducted equally for all, without distinction of race, nationality, ethnic origin, language, religion, sex, sexual orientation, opinion, political affiliation, wealth, origin or social condition or any other discriminatory criteria. + Article 8 International judicial assistance is requested or granted under the conditions provided by law, by international treaties to which Romania is a party or, as the case may be, on the basis of reciprocity. + Article 9 The plenum of the Superior Council of Magistracy operates as a court for the resolution of appeals made by judges and prosecutors against decisions rendered by the sections of the Superior Council of Magistracy, except those Disciplinary data. + Chapter III General provisions on the judicial procedure + Article 10 All persons are entitled to a fair trial and to the resolution of cases within a reasonable time, by an impartial and independent court, constituted according to the law. + Article 11 The trial activity is carried out in compliance with the principles of random distribution of files and continuity, except in situations where the judge cannot participate in judgment for objective reasons. + Article 12 The court hearings are public, apart from the cases provided by law. The pronouncement of decisions is made in public session, except in the cases provided by law. + Article 13 (1) The court sessions shall be recorded by technical means of video or audio. (2) During the hearing, the Registrar shall take note of the conduct of the trial. Parties may request the reading of the notes and their targeting by the President. (3) After the end of the hearing, the participants in the trial receive, upon request, a copy of the notes of the Registrar. -------------- Article 13 has been amended by section 1. 1 1 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 14 (1) The judicial procedure is carried out in Romanian. (2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue, before the courts, under the conditions of this law. (3) If one or more parties request to express themselves in the mother tongue, the court must ensure, free of charge, the use of an authorized interpreter or translator. (4) If all parties request or agree to express themselves in the mother tongue, the court must ensure the exercise of this right, as well as the proper administration of justice, in compliance with the principles of contradictoriality, orality and advertising. (5) Applications and procedural documents shall be drawn up only in Romanian. (6) The debates carried out by the parties in the mother tongue shall be recorded, recorded in Romanian. The objections raised by those interested in the translations and their record shall be resolved by the court until the end of the proceedings in that case, with the conclusion of the hearing. (7) The interpreter or the translator will sign on all the documents drawn up, for conformity, when they were drafted or the record was made on the basis of his translation. + Article 15 The right to defend is guaranteed. Throughout the process, the parties have the right to be represented or, as the case may be, assisted by a defender, elected or appointed ex officio, according to the law. + Article 16 (1) The judicial decisions must be respected and carried out under the law. (2) The judicial decisions may be abolished or modified only in the remedies provided by law and exercised according to the legal provisions. -------------- Article 16 has been amended by section 4. 2 2 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 17 (1) In the case of the panel of 2 judges, if they do not reach an agreement on the decision to be pronounced, the trial shall be tried again in full of divergence, under the law. (2) The panel of divergence shall be constituted by the inclusion in the court panel of the president or deputy chairman of the court, of the section president or of the judge in the planning of permanence. -------------- Article 17 has been amended by section 6.6. 3 3 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Title II The courts + Chapter I High Court of Cassation and Justice + Section 1 Organisation of the High Court of Cassation and Justice + Article 18 (1) In Romania operates a single supreme court, called the High Court of Cassation and Justice, with legal personality and based in the capital of the country. (2) The High Court of Cassation and Justice ensures the unitary interpretation and application of the law by the other courts, according to its jurisdiction. (3) The President of the High Court of Cassation and Justice has the status of principal authorising officer. (4) The necessary expenses shall be financed from the state budget. + Article 19 (1) The High Court of Cassation and Justice consists of: president, 2 vice presidents, 4 presidents of wards and judges. ----------- Alin. ((1) of art. 19 19 has been amended by section 1 1 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) The High Court of Cassation and Justice is organized in 4 sections-Civil First Section, Second Civil Section, Criminal Section, Administrative and Fiscal Litigation Section and United Sections, with its own competence. --------- Alin. ((2) of art. 19 19 has been amended by section 1 1 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2 ^ 1) Within the High Court of Cassation and Justice operates the Panel for the resolution of the appeal in the interest of the law, the Panel for the unbundling of some questions of law, as well as 4 complete of 5 judges. ---------- Alin. (2 ^ 1) of art. 19 19 has been introduced by section 2 2 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (3) *) At the beginning of each year, the Governing College of the High Court of Cassation and Justice, on the proposal of its President or Vice President, may approve the establishment of specialized complete within the sections of the High Court of Cassation and Justice, depending on the number and nature of the cases, the volume of activity of each section, as well as the specialization of judges and the need to capitalize on their professional experience. -------- Alin. ((3) of art. 19 19 has been introduced by section 2 2 of art. 215 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. (4) The appointment of judges in the composition of the competent panels to judge the appeal in the interest of the law, as well as of the competent panels to settle the complaint for the delivery of a prior decision for the unbundling of questions of law will be carried out according to the specialization of the court panels to which they belong. ----------- Alin. ((4) of art. 19 19 has been introduced by section 3 3 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 20 (1) Within the High Court of Cassation and Justice operates assistant magistrates, established by the state of functions. (2) The High Court of Cassation and Justice includes in the structure of the Chancellery, directions, services and offices, with the staff established by the state of + Section 2 Competence of the High Court of Cassation and Justice + Article 21 Civil Section I, Section II Civil and Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice judges appeals against decisions rendered by appeals courts and other judgments, in the cases provided by law, as well as appeals declared against non-final judgments or court documents, of any nature, which cannot be appealed on any other way, and the course of judgment has been interrupted before the courts of appeal. ----------- Article 21 has been amended by point 4 4 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 22 The Criminal Section of the High Court of Cassation and Justice judges: a) in the first instance, the processes and applications given by law in the jurisdiction of the first instance of the High Court of Cassation and Justice; b) appeals against the criminal decisions rendered in the first instance by the courts of appeal and by the Military Court of Appeal; c) appeals against the criminal decisions handed down in the first instance by the courts of appeal, by the Military Court of Appeal and by the Criminal Section of the High Court of Cassation and Justice; d) appeals declared against non-final judgments or court documents, of any nature, which cannot be appealed on any other way, and the course of judgment has been interrupted before the courts of appeal; e) appeals in cassation against final decisions, under the conditions provided by law; f) referrals for the delivery of a prior decision for the unbundling of a law issue. -------------- Article 22 has been amended by section 4 4 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 23 (1) The Sections of the High Court of Cassation and Justice, in relation to the competence of each, shall: a) requests for resettlement, for the reasons set out in the procedural codes; b) conflicts of competence, in the cases provided by law; c) any other requests provided by law. ((2) Abrogat. -------------- Alin. ((2) of art. 23 23 has been repealed by section 6.6. 5 5 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 24 The 5-judge panels judge appeals against rulings handed down in the first instance by the Criminal Section of the High Court of Cassation and Justice, settle appeals against the terminations handed down in the course of trial in the first instance The Criminal Section of the High Court of Cassation and Justice, resolves the cases in disciplinary matters according to the law and other cases given in their jurisdiction by law. -------------- Article 24 has been amended by section 4.2. 1 1 of art. unique from LAW no. 58 58 of 11 April 2016 , published in MONITORUL OFFICIAL no. 285 285 of 14 April 2016, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. + Article 24 ^ 1 Repealed. -------------- Article 24 ^ 1 has been repealed by point (a). 7 7 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 25 The High Court of Cassation and Justice is constituted in the United Sections for: a) repealed; ------------ Lit. a) of art. 25 25 has been repealed by section 6.6. 4 4 of art. III of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. b) the settlement, under the present law, of the complaints regarding the change of jurisprudence of the High Court of Cassation and Justice; c) complaint of the Constitutional Court for the constitutional review of the laws before the promulgation. + Article 26 If a section of the High Court of Cassation and Justice considers it necessary to return to its own jurisprudence, discontinue the judgment and refer the United States to the High Court of Cassation and Justice, which judges the citation of the parties in the case whose judgment has been interrupted. After the United Sections ruled on the complaint about the change of jurisprudence, the judgment continues. + Article 27 (1) At the end of each year, the High Court of Cassation and Justice, in the United States, determines the cases in which the improvement of the legislation is necessary and communicates to the Minister (2) The President of the High Court of Cassation and Justice may consent to the judges to inform themselves at the courts ' headquarters of the matters concerning the correct and unitary application of the law, making known the jurisprudence of the High Court of Cassation and Justice, and to find situations that justify proposals to improve legislation. + Section 3 Leadership of the High Court of Cassation and Justice + Article 28 (1) The management of the High Court of Cassation and Justice shall be exercised by the President, Vice-President and the Governing College. (2) The President represents the High Court of Cassation and Justice in domestic and international relations. (3) The President, the Vice-Chair and 9 Judges, elected for a period of 3 years in the General Assembly of Judges, with the representation of each section, constitute the Governing College of the High Court of Cassation and Justice. When economic and financial and administrative problems are discussed, the management of the High Court of Cassation and Justice, which has an advisory vote, shall participate in the meetings of the governing college. Section presidents. + Article 29 (1) The Governing College of the High Court of Cassation and Justice shall have the following tasks: a) approves the Regulation on the organization and administrative functioning, as well as the states of functions and personnel of the High Court of Cassation and Justice; b) proposes to the Superior Council of Magistracy the judges who will be part of the competition committees for promotion as judge at the High Court of Cassation and Justice; --------- Lit. b) a par. ((1) of art. 29 29 has been amended by art. II of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. c) proposes to the Superior Council of Magistracy the appointment, promotion, transfer, suspension and termination of the nurses-assistants; d) organize and supervise the resolution of petitions, under the law; e) proposes the draft budget of the High Court of Cassation and Justice; f) exercise other powers provided for in the Regulation on the organization and administrative functioning of the High Court of Cassation and Justice. (2) The Governing College of the High Court of Cassation and Justice shall be chaired by the President, and in the absence thereof, by the Vice-President. (3) The Governing College of the High Court of Cassation and Justice shall meet quarterly or whenever necessary, at the convocation of the President of the High Court of Cassation and Justice or at the request of at least 3 of its members. (4) The decisions of the Governing College of the High Court of Cassation and Justice shall be adopted by the majority vote of its members. + Article 30 The General Assembly of Judges of the High Court of Cassation and Justice shall meet for: a) approval of the annual activity report, which shall be released; b) approving the budget of the High Court of Cassation and Justice, with the advisory opinion of the Ministry of Public Finance; c) the election of the 2 members for the Superior Council of Magistracy, under the law. + Article 30 ^ 1 ((1) Semestrial or whenever necessary, the President of the High Court of Cassation and Justice or one of the particular judges appointed by him shall verify the manner of implementation within the National Intercept Center of Communications provided by art. 8 8 para. 2 2 of Law no. 14/1992 on the organization and functioning of the Romanian Intelligence Service, with subsequent amendments and completions, of the technical supervision carried out by the prosecution bodies. (2) The verification provided in par. (1) is made under the conditions provided for by the Regulation on the organization and administrative functioning of the High Court of Cassation and Justice. ---------- Article 30 ^ 1 was introduced by item 1. 1 1 of art. II of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Section 4 Court panels + Article 31 (1) In criminal matters, the court panels shall be composed as follows: a) in the given cases, according to the law, in the jurisdiction of the first instance of the High Court of Cassation and Justice, the court panel consists of 3 judges; b) for appeals against decisions rendered by the judges of rights and freedoms and the preliminary chamber judges of the courts of appeal and the Military Court of Appeal, the court panel consists of a judge; c) for appeals against decisions rendered in the first instance by the courts of appeal and by the Military Court of Appeal, the court panel consists of 3 judges; d) for appeals against decisions rendered by the judges of rights and freedoms and the preliminary chamber judges of the High Court of Cassation and Justice, the court panel consists of 2 judges. e) for appeals against the terminations rendered in the course of the judgment in the first instance by the courts of appeal and the Military Court of Appeal, the court panel consists of 3 judges. -------------- Lit. e) a par. ((1) of art. 31 31 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. f) for the appeals provided in art. 250 ^ 1 para. (1) of the Code of Criminal Procedure against the terminations rendered in the course of the judgment on appeal by the courts of appeal and the Military Court of Appeal, the court panel consists of 3 judges. -------------- Lit. f) a par. ((1) of art. 31 31 was introduced by art. III of EMERGENCY ORDINANCE no. 18 18 of 18 May 2016 , published in MONITORUL OFFICIAL no. 389 389 of 23 May 2016. (2) In the other subjects, the court panels consist of 3 judges of the same section. (3) If the number of judges necessary for the formation of the panel cannot be ensured, it shall be constituted with judges from the other departments, appointed by the President or Vice-President of the High Court of Cassation and Justice, by drawing for lots. -------------- Article 31 has been amended by section 6.6. 8 8 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 31 ^ 1 The trial procedure in the preliminary chamber takes place by a judge from the panel provided for in art. 31 31 para. ((1) lit. a). -------------- Art. 31 ^ 1 was introduced by item 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. + Article 32 (1) At the beginning of each year, in criminal matters shall be established complete of 5 judges consisting only of judges of the Criminal Section of the High Court of Cassation and Justice. -------------- Alin. ((1) of art. 32 32 has been amended by section 9 9 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) In matters other than criminal matters shall be established at the beginning of each year two complete of 5 judges. (3) In the composition of the panels provided in par. (2) enter, as a rule, specialized judges, depending on the nature of the case. (4) The Governing College of the High Court of Cassation and Justice approves the number and composition of the 5-judge panels, at the proposal of the President of the Criminal Section. The judges who are part of these complete are appointed, by lot, in public session, by the president or, in his absence, by the vice-president of the High Court of Cassation and Justice. The change of the members of the panels is exceptionally, based on the objective criteria laid down by the Regulation on the organisation and administrative functioning of the High Court of Cassation and Justice. -------------- Alin. ((4) of art. 32 32 has been amended by section 9 9 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (5) The 5-judge panel is chaired by the President or Vice President of the High Court of Cassation and Justice, when it is part of the complete, according to para. (4), the President of the Criminal Section or the age dean, as the case may be. -------------- Alin. ((5) of art. 32 32 has been amended by section 9 9 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (6) Causes that fall within the competence of the panels provided in par. ((1) and (2) shall be randomly assigned to the computerised system. ------------ Article 32 has been amended by section 4.2. 5 5 of art. III of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 33 (1) The President of the High Court of Cassation and Justice or, failing that, one of the Vice-Presidents presiding over the United States, the Panel for the Settlement of the Appeal in the Interest of the Law, as well as the Panel for the Unbundling of Matters of Law, The panel of 5 judges and any complete within the wards, when they participate in the judgment. ----------- Alin. ((1) of art. 33 33 has been amended by section 5 5 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. ((2) Abrogat. ------------ Alin. ((2) of art. 33 33 has been repealed by section 6.6. 7 7 of art. III of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. (3) The chairmen of the wards may preside over any judgment within the section and the other judges shall preside over the rotation. + Article 34 If the High Court of Cassation and Justice judges in the United Sections, at least two-thirds of the number of judges in office must take part. The decision can only be taken by a majority of the votes of + Chapter II Courts of appeal, tribunals, specialised courts and adjudicators + Section 1 Organization of appeals courts, courts, specialized courts and adjudicators + Article 35 (1) The courts of appeal are courts with legal personality, in the constituency of which several specialized courts and tribunals operate, according to Annex no. 1 which forms an integral part of this law. (2) Within the courts of appeal functions wards or, as the case may be, complete specialized for civil cases, regardless of their object or the quality of the parties, criminal cases, cases with minors and family, causes of administrative and fiscal litigation, causes of labour and social security, companies, the trade register, insolvency, unfair competition or other matters, and, in relation to the nature and number of cases, complete specialities for maritime and river causes. --------- Alin. ((2) of art. 35 35 has been amended by section 6 6 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 36 (1) The courts are courts with legal personality, organized at the level of each county and of the city of Bucharest, and have, as a rule, the seat in the county seat. (2) In the constituency of each court are included all the courts of the county or, as the case may be, from Bucharest. (3) In the courts there are sections or, as the case may be, complete specialized for civil cases, regardless of their object or the quality of the parties, criminal cases, cases with minors and family, cases of administrative and fiscal litigation, cases on labour and social security, companies, the trade register, insolvency, unfair competition or other matters, and, in relation to the nature and number of cases, complete specialities for maritime and river causes. ---------- Alin. ((3) of art. 36 36 has been amended by section 7 7 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 37 (1) In the fields provided by art. 36 36 para. ((3) specialised courts may be established. (2) The specialized courts are courts without legal personality, which can operate at the level of the counties and the city of Bucharest and have, as a rule, the seat in the county seat. (3) Specialized tribunals shall take the cases of jurisdiction of the tribunal in the areas in which -------------- Alin. ((3) of art. 37 37 has been amended by section 1 1 of art. unique from LAW no. 296 296 of 14 November 2013 , published in MONITORUL OFFICIAL no. 699 699 of 14 November 2013. (4) Causes pending on the date of commencement of the operation of specialized courts, according to art. 142 142 para. (1), shall be sent to them, administratively, ex officio, for resolution. The specialised court shall also be competent in the case of referral to retrial. -------------- Alin. ((4) of art. 37 37 has been introduced by section 2 2 of art. unique from LAW no. 296 296 of 14 November 2013 , published in MONITORUL OFFICIAL no. 699 699 of 14 November 2013. + Article 38 (1) Judges are courts without legal personality, organized in counties and in the sectors of Bucharest, according to Annex no. 1. (2) The localities belonging to the constituencies of the courts of each county shall be established by Government decision, at the proposal of the Minister of Justice, with the opinion of the Superior Council of Magistracy. + Article 39 (1) In relation to the nature and number of cases, specialized departments may be established within the courts. (2) Within the courts, specialized departments for minors and family will be organized. + Article 40 (1) Completes and specialized departments for minors and family, as well as specialized courts for minors and family judge both crimes committed by minors and crimes committed on minors. (2) When in the same case there are several defendants, some minors and others major, and it is not possible to dislodge, the competence belongs to the specialized court for minors and family. (3) The provisions of the Code of Criminal Procedure shall apply accordingly. + Article 41 (1) The sections of the courts of appeal and of the courts of their constituency shall be established, at the proposal of the governing college of each court, by decision of the Superior Council of Magistracy. The specialized panels of the sections of the courts of appeal and of the courts of their constituency shall be established by the president of the court, at the proposal of the governing college of each court. ---------- Alin. ((1) of art. 41 41 has been amended by section 8 8 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (2) The composition of the sections and specialized panels shall be established by the governing college of the court, in relation to the volume of activity, taking into account the specialization of the judge. (3) Exceptionally, in the event that a complete court cannot be constituted within a section, the governing college of the court may order the participation of judges from other departments. + Article 42 In relation to the volume of activity, with the nature and complexity of the cases deducted from the judgment, for the courts of appeal, courts and judges can establish secondary offices with permanent activity in other localities in the county or in Bucharest. + Article 42 ^ 1 In the maritime and river cases, the districts of Constanta and Galati courts are as follows: a) Constanta Court: Constanta and Tulcea counties, territorial sea, Danube up to marine mile 64 inclusive; b) Galati Court: the other counties, the Danube from the marine mile 64 upstream to km 1.075. ----------- Art. 42 ^ 1 was introduced by item 9 9 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Section 2 Management of courts + Article 43 (1) Each court shall be headed by a chairman who exercises managerial duties for the purpose of effective organization of its activity. (2) The presidents of the courts of appeal and of the courts also exercise powers of coordination and control of the administration of the court where they operate, as well as of the courts of the constituency. (3) The chairmen of the courts and of the specialized courts shall also exercise powers of administration of the court. + Article 44 (1) The presidents of the courts of appeal are the secondary authorising officer and the presidents of the courts have the status of tertiary authorising officer. (2) For military courts, the Directorate of Military Courts of the Ministry of Defence is a tertiary authorising officer. ----------- Alin. ((2) of art. 44 44 has been introduced by section 11 11 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 of 8 October 2007 with a new point. + Article 45 (1) Depending on the volume of activity and the complexity of the cases, at the courts of appeal, courts and specialized courts, the president can be helped by 1-2 vice presidents, and in judges, the president can be helped by a vice president. (2) At the Bucharest Court of Appeal and at the Bucharest Court, the president can be helped by 1-3 vice-presidents. + Article 46 (1) Presidents and vice-presidents of the courts shall take measures for the organization and proper functioning of the courts they conduct and, as the case may be, the courts of their constituencies, ensure and verify compliance with obligations statutes and regulations by judges and specialist auxiliary staff. ((2) The checks carried out personally by presidents or vice-presidents or by specially appointed judges must respect the principles of independence of judges and their subjects only to the law, as well as the working authority judged. (3) The tasks given by law or by regulation in the competence of the presidents or vice presidents of courts cannot be delegated to the leading colleges. -------------- Alin. ((3) of art. 46 46 has been introduced by section 1 1 of art. II of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Article 47 The presidents of the courts designate the judges who are to meet, according to the law, other duties than those on trial activity. + Article 48 The courts of the courts are led by a section president. + Article 49 (1) Within each court of law shall operate a driving college, which decides on the general management problems of the court and performs the duties provided for in art. 41. (. The management colleges shall consist of an odd number of members and shall have the following component: a) at the courts of appeal and tribunals: the president and 6 judges, elected for a period of 3 years in the general assembly of judges; b) to specialized courts and judges: the president and 2 or 4 judges, elected for a period of 3 years in the general assembly of judges. ((2 ^ 1) If the judges and tribunals specialized the number of judges is less than 3, the duties of the governing college shall be exercised by the president. -------------- Alin. (2 ^ 1) of art. 49 49 has been introduced by section 2 2 of art. II of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. (. The decisions of the Governing College shall be adopted by the majority of its members. (4) The meetings of the leading colleges may also be attended by the section presidents. (5) At the courts of appeal and tribunals, when the leading college debates economic-financial or administrative problems, the economic manager of the court, with an advisory vote, also participates in its meetings. (6) Depending on the issues subject to debate, at the meetings of the governing colleges of the courts of appeal, the courts and specialized courts may also be invited judges from other courts, who do not have the right to vote. (7) The elected members of the management colleges may be revoked by the general meetings in case of improper exercise of the duties provided by law. + Article 50 (1) At the courts shall be organized, annually or whenever necessary, general meetings of the judges. (. The general meetings of the Judges shall be convened as follows: a) the general meeting of the appellate court and the general assembly of the judges of its constituency-by the president of the appeals court b) general meeting of the general court and general assembly of judges in his constituency-by the president of the tribunal; c) general meeting of the specialized court-its president; d) General Assembly of Judges-by the President of the Court. (3) The general meetings of the judges shall be convened and at the request of one third of the number of judges who are part of it. (4) General meetings of judges may also be convened by the Plenum of the Superior Council of Magistracy or the governing college of the court. + Article 51 General meetings of judges, provided in art. 50 50 para. (1), have the following tasks: a) debate the annual activity carried out by the courts; b) choose, under the law, the members of the Superior Council of Magistracy; c) debate issues of law; d) analyze draft normative acts, at the request of the Minister of Justice or the Superior Council of Magistracy; e) formulate points of view at the request of the Superior Council of Magistracy; f) choose and revoke the members of the management colleges; g) initiates the procedure of revocation of members of the Superior Council of Magistracy, under the conditions provided by Law no. 317/2004 * *) on the Superior Council of Magistracy; Note
----------
* *) Law no. 317/2004 is republished to the page. 22-32.
---------- h) perform other duties provided by law or regulations. + Section 3 Court panels + Article 52 (1) The management colleges establish the composition of the court panels at the beginning of the year, aiming to ensure the continuity of the complete. The change of the members of the panels is exceptionally, based on the objective criteria established by the Rules of Inner Order of the Courts. (2) The panel shall be chaired, on a rotating basis, by one of its members. + Article 53 (1) The distribution of cases on complete court shall be done randomly, in a computerized system. (2) Causes assigned to a full of judgment may not be passed to another completely except under the conditions provided by law. + Article 54 (1) The given causes, according to the law, in the jurisdiction of the first instance of the court, the tribunal and the court of appeal shall be adjudicated in complete form of a judge, with the exception of cases concerning labor and social security conflicts. (1 ^ 1) Appeals against decisions rendered in criminal matters by judges of rights and freedoms and preliminary chamber judges from judges and tribunals shall be settled in a panel of a judge. -------------- Alin. ((1 ^ 1) of art. 54 54 has been introduced by section 10 10 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. ((1 ^ 2) Appeals against judgments rendered in the course of criminal proceedings in the first instance by judges and tribunals shall be settled in a panel of a judge. -------------- Alin. ((1 ^ 2) of art. 54 54 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 3 3 of 5 February 2014 , published in MONITORUL OFFICIAL no. 98 98 of 7 February 2014. (2) The appeals shall be judged in a fully composed of 2 judges, and the appeals, in complete form of 3 judges, except in cases where the law provides otherwise. ((3) Abrogat. -------------- Alin. ((3) of art. 54 54 has been repealed by section 6.6. 11 11 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. ((4) Abrogat. -------------- Alin. ((4) of art. 54 54 has been repealed by section 6.6. 11 11 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 55 (1) The panel for the settlement in the first instance of cases concerning labor and social security conflicts shall be constituted by a judge and 2 judicial assistants. Art. 11 11 and art. 52 52 para. ((1) shall apply accordingly. ------------ Alin. ((1) of art. 55 55 has been amended by section 10 10 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (. Judicial assistants shall participate in deliberations with a consultative vote and shall sign the decisions rendered. Their opinion is recorded in the judgment and the separate opinion is motivated. ((3) Abrogat. ------------ Alin. ((3) of art. 55 55 has been repealed by section 6.6. 9 9 of art. III of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Chapter III Military courts + Article 56 (1) Military courts are: a) military tribunals; b) Bucharest Military Court of Appeal. -------------- Alin. ((1) of art. 56 56 has been amended by section 12 12 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The circumscripts of the military courts are set out in Annex no. 2 which forms an integral part of this law. (3) Military courts have, each, the status of military unit, with its own indicative. + Article 57 (1) Military courts judge at their headquarters. For thorough reasons, the court may order that the judgment be held in another place. (2) Military courts may also judge on the territory of other states, Romanian military, members of a multinational force, given that, according to an international convention, the Romanian jurisdiction can be exercised on the territory of the receiving state. + Article 58 (1) At court hearings, judges and military prosecutors are required to wear military uniform. (2) When the defendant is active military, the presiding judge, as well as the prosecutor participating in the trial of the case must be part of at least the same category of degrees. (3) When the prosecutor's degree is not part of the same category as the defendant's degree, he will be assisted by another prosecutor with a degree in the appropriate category, appointed by the head of the prosecutor's office to which the case is -------------- Alin. ((3) of art. 58 58 has been amended by section 13 13 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 59 (1) In Bucharest, Cluj-Napoca, Iasi and Timisoara, military courts operate. (2) Military courts shall judge the processes and applications given by law in their jurisdiction. (3) The military court is headed by a president aided by a vice president. Art. 49-51 shall apply accordingly, with the governing colleges consisting of the President and two Judges. + Article 60 Repealed. -------------- Article 60 has been repealed by point (a) 14 14 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 61 (1) The Military Court of Appeal operates in Bucharest, as a single court, with legal personality, being led by a president helped by a vice president. Art. 49-51 shall apply accordingly, the governing college being made up of the President and two Judges. ((2) Abrogat. ----------- Alin. ((2) of art. 61 61 has been repealed by section 6.6. 11 11 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 of 8 October 2007 with a new point. + Title III Public Ministry + Chapter I Tasks of the + Article 62 (1) The Public Ministry exercises its powers under the law and is led by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (2) Prosecutors shall operate according to the principles of legality, impartiality and hierarchical control, under the authority of the Minister of Justice, under the law ((3) Prosecutors exercise their functions in accordance with the law, respect and protect human dignity and defend the rights of the person. ((4) The prosecutor's offices are independent in relations with the courts, as well as with the other public authorities. + Article 63 The Public Ministry exercises, through prosecutors, the following tasks: a) carry out the prosecution in cases and under the conditions provided by law and participate, according to the law, to resolve conflicts by alternative means; b) leads and supervises the criminal investigation activity of the judicial police, leads and controls the activity of other criminal investigation bodies; c) notifies the courts for the trial of criminal cases, according to the law; d) exercise civil action, in the cases provided by law; e) participate, under the law, in court hearings; f) exercise the remedies against judicial decisions, under the conditions provided by law; g) defend the rights and legitimate interests of minors, persons placed under prohibition, disappearances and other persons, under the law; h) acts to prevent and combat crime, under the coordination of the Minister of Justice, for the unitary realization of the state criminal policy; i) study the causes that generate or promote crime, develop and present to the Minister of Justice proposals to eliminate them, as well as to improve the legislation in the field; j) verify compliance with the law at the places of preventive possession; k) exercise any other duties provided by law. + Article 64 (1) The provisions of the superior hierarchical prosecutor, given in writing and in accordance with the law, are mandatory for subordinate prosecutors. (2) In the solutions ordered, the prosecutor is independent, under the conditions provided by law. The prosecutor can challenge at the Superior Council of Magistracy, within the procedure of verifying the conduct of judges and prosecutors, the intervention of the superior hierarchical prosecutor, in any form, in carrying out criminal prosecution or in adopting solution. (3) The solutions adopted by the prosecutor may be refuted motivated by the superior hierarchical prosecutor, when they are regarded as unlawful. ---------------- Alin. ((3) of art. 64 64 has been amended by art. V of EMERGENCY ORDINANCE no. 60 60 of 6 September 2006 , published in MONITORUL OFFICIAL no. 764 764 of 7 September 2006. (4) The works assigned to a prosecutor may be passed to another prosecutor in the following situations: a) suspension or termination of the quality of prosecutor, according to the b) in its absence, if there are objective reasons justifying the urgency and preventing its recall; c) leaving the case in non-working unjustifiably for more than 30 days. ------------ Alin. ((4) of art. 64 64 has been amended by section 3 3 of art. II of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. (5) The prosecutor may contest at the Superior Council of Magistracy, within the procedure of verifying the conduct of judges and prosecutors, a measure ordered, according to par. (4), by the superior hierarchical prosecutor. ---------------- Alin. ((5) of art. 64 64 has been amended by art. V of EMERGENCY ORDINANCE no. 60 60 of 6 September 2006 , published in MONITORUL OFFICIAL no. 764 764 of 7 September 2006. + Article 65 (1) The prosecutors of each prosecutor's office shall be subordinate to the respective prosecutor of the (2) The driver of a parquet is subordinated to the head of the superior hierarchical prosecutor's office in the same constituency. (3) Control exercised by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the Chief Prosecutor of the National Anti-Corruption Directorate or the Prosecutor General of the Prosecutor's Office of the Court of Appeal on the prosecutors of subordinate can be carried out directly or through specific prosecutors appointed. + Article 66 (1) The Public Ministry is authorized to own and use appropriate means for obtaining, verifying, processing, storing and discovering the information regarding the crimes given in the competence of the prosecutor's offices, under the law. (2) The judicial police bodies carry out their activity of criminal investigation, directly, under the direction and supervision of the prosecutor, being obliged to carry out its provisions. (3) The services and bodies specialized in the collection, processing and archiving of the information have the obligation to place, immediately, at the disposal of the competent prosecutor's office, at its premises, all data and all information, unprocessed, held in connection with committing crimes. (4) Failure to comply with the obligations (2) and (3) attract legal liability according to the law. ---------- Article 66 has been amended by section 6.6. 2 2 of art. II of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Article 66 ^ 1 (1) In order to conduct the activities provided by art. 142 142 para. (1) of the Code of Criminal Procedure, within the Public Ministry may operate, by posting, officers or judicial police agents, under direct management and direct control of prosecutors, within the limits of the posts approved according to the law. (2) The detention of officers and judicial police officers is ordered, at the request of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, by the Minister of Internal Affairs, for a period of no more than 3 years, with 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 Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (4) The cessation of the posting of officers and judicial police officers may be ordered before the period provided in par. (2) by reasoned order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (5) During the period of secondment, officers and judicial police officers may not receive any assignment from the hierarchical authorities. (6) Prosecutors ' provisions 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 salary and other rights of judges, prosecutors and other categories of personnel in the justice system, approved with amendments and completions by Law no. 45/2007, with subsequent amendments and completions. (8) Officers and judicial police officers posted under the conditions of par. ((1) retains the salarization of the date of posting. (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 Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. The duties on the granting of professional degrees for officers and judicial police officers posted shall be exercised by the Minister of Internal Affairs, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (10) 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 officers and judicial police officers. (11) For the officers and judicial police officers seconded within the Directorate for the Investigation of Organized Crime and Terrorism and the National Anti-Corruption Directorate are applicable the provisions laid down in the special laws applicable to them ---------- Art. 66 ^ 1 was introduced by item 3 3 of art. II of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Article 67 (1) The prosecutor participates in the court hearings, under the law, and has an active role in finding the truth. (2) The prosecutor is free to present in court the conclusions he considers to be founded, according to the law, taking into account the evidence administered in question. The prosecutor can challenge at the Superior Council of Magistracy the intervention of the superior hierarchical prosecutor, for influencing in any form of conclusions. (3) In criminal trials, the prosecutor who carried out or supervised the prosecution or other prosecutor appointed by the head of the prosecutor's office shall participate in the criminal proceedings. -------------- Alin. ((3) of art. 67 67 has been amended by section 15 15 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 68 The prosecutor exercises, under the law, the remedies against the judicial decisions that he considers to be non-judicial and unlawful. + Article 69 (1) The Minister of Justice, when he considers it necessary, on his own initiative or at the request of the Superior Council of Magistracy, exercises control over prosecutors, through prosecutors specifically appointed by the Prosecutor General of the Prosecutor's Office Court of Cassation and Justice or, as the case may be, the chief prosecutor of the National Anti-Corruption Directorate, or the Minister of Justice. (2) The control consists in checking the managerial efficiency, the way in which prosecutors perform their duties and in which service reports are carried out with the litigants and the other persons involved in the works of competence of parquet The control cannot concern the measures ordered by the prosecutor during the criminal investigation and the solutions adopted. (3) The Minister of Justice may ask the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the Chief Prosecutor of the National Anti-Corruption Directorate on the activity of the prosecutor's offices and to give guidance written on the measures to be taken to prevent and combat crime effectively. + Chapter II Organisation of Public + Section 1 The Prosecutor's Office of the High Court of Cassation and Justice + Article 70 (1) The prosecutor's office of the High Court of Cassation and Justice coordinates the activity of the subordinate prosecutors, performs the duties provided by law, has legal personality and manages the budget of the Public Ministry. (2) The prosecutor's office of the High Court of Cassation and Justice is led by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, aided by a First Deputy and a Deputy. (3) In his work, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice is helped by 3 councillors. (4) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice is the principal authorising officer. + Article 71 The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice represents the Public Ministry in relations with the other public authorities and any legal or natural persons, in the country or abroad. + Article 72 The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice exercises, directly or through specific prosecutors appointed, control over all prosecutor's offices. + Article 73 (1) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice attends the meetings of the High Court of Cassation and Justice in the United States, as well as any complete thereof, when he considers it necessary. (2) In case of impossibility of participation, the Prosecutor General delegates to the first deputy or deputy or another prosecutor to participate, in his place, at the meetings of the High Court of Cassation and Justice provided in par. ((1). + Article 74 The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice designates, among the prosecutors of this prosecutor's office, the prosecutors who participate in the meetings of the Constitutional Court, in the cases + Article 75 (1) The prosecutor's office of the High Court of Cassation and Justice has in the structure of wards led by chief prosecutors, who can be helped by deputies. Within the wards, services and offices run by chief prosecutors can operate. (2) Within the Prosecutor's Office of the High Court of Cassation and Justice operates the Directorate for the Investigation of Organized Crime and Terrorism, as a specialized structure in combating organized crime and terrorism. (3) The Directorate for Investigating Organized Crime and Terrorism falls under prosecutors appointed by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, with the opinion of the Superior Council of Magistracy, within the limits of the posts provided in the state of functions, approved according to the (4) In order to be appointed within the Directorate for the Investigation of Organized Crime and Terrorism prosecutors must have good professional training, an irreproachable moral conduct, a seniority of at least 6 years in office. prosecutor or judge and to have been declared admitted following the interview organized by the commission constituted for this purpose. (5) Any prosecutor who meets the conditions provided in par. ((4). (6) The interview consists in the verification of professional training, the ability to make decisions and to assume responsibility, stress resistance, as well as other specific qualities. (7) In the evaluation of candidates, the activity carried out by prosecutors, knowledge of a foreign language and computer operating knowledge will also be considered. (8) The Commission referred to in paragraph (4) is appointed by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, and consists of 3 prosecutors from the Directorate for Investigation of Organized Crime and Terrorism. The commission can also include specialists in psychology, human resources and other fields. (9) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice assesses, annually, the results obtained by the prosecutors of the Directorate for Investigation of Organized Crime and Terrorism. (10) Prosecutors appointed in the Directorate for the Investigation of Organized Crime and Terrorism can be revoked by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, with the opinion of the Council Superior of Magistracy, in case of improper exercise of duties specific to the office or in case of application of a disciplinary sanction. (11) On the date of termination of the activity within the Directorate for Investigation of Organized Crime and Terrorism the prosecutor returns to the prosecutor's office where he comes from or to another prosecutor's office where he has the right to operate according to the law. (11 ^ 1) From the date of return to the prosecutor's office where they come from or to another parquet where they have the right to operate according to the law, the prosecutors who served in the Directorate for Investigation of Organized Crime and Terrorism reacquire the professional degree of execution and the salary corresponding to it previously had or those acquired as a result of the promotion, under the law, during the activity within this direction. ------------ Alin. (11 ^ 1) of art. 75 75 has been introduced by section 1 1 of the single article of EMERGENCY ORDINANCE no. 56 56 of 27 May 2009 , published in MONITORUL OFFICIAL no. 381 381 of 4 June 2009. (12) The attributions, competence, structure, organization and functioning of the Directorate for the Investigation of Organized Crime and Terrorism are established by special law. ((13) Provisions art. 48 48 para. ((10) and (11) of Law no. 303/2004 on the status of judges and prosecutors, republished *), shall apply accordingly. Note
----------
* *) Law no. 303/2004 was republished in the Official Gazette of Romania, Part I, no. 826 826 of 13 September 2005.
---------- + Article 76 In the exercise of his duties, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice issues internal orders. + Article 77 (1) Within the Prosecutor's Office of the High Court of Cassation and Justice operates the governing college, which decides on the general management issues of the Public Ministry. (2) The Governing College of the Prosecutor's Office of the High Court of Cassation and Justice is constituted of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, First Deputy, and 5 prosecutors elected in the General Assembly of Prosecutors. (3) Provisions art. 49 49 para. ((3)-(7) shall apply accordingly. + Article 78 (1) The general assembly of prosecutors of the Prosecutor's Office of the High Court of Cassation and Justice shall be convened by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, annually or whenever necessary. (2) Provisions art. 51 51 shall apply accordingly. + Article 79 The Prosecutor's Office of the High Court of Cassation and Justice draws annually a report on the work carried out, which it presents to the Superior Council of Magistracy and the Minister of Justice, no later than February of the following year. The Minister of Justice will present to Parliament the conclusions on the activity report of the Prosecutor's Office of the High Court of Cassation and Justice + Section 2 National Anti-Corruption Directorate + Article 80 (1) The National Anti-Corruption Directorate is specialized in combating corruption crimes, according to the law, it exercises its duties throughout Romania and operates in addition to the High Court of Cassation and Justice. (2) The National Anti-Corruption Directorate is organized as an autonomous structure within the Public Ministry and is coordinated by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (3) The National Anti-Corruption Directorate has legal personality and headquarters in Bucharest. + Article 81 (1) The National Anti-Corruption Directorate operates according to the principle of legality, impartiality and hierarchical control. (2) The National Anti-Corruption Directorate is independent in relation to the courts and prosecutors ' offices, as well as in relations with the other public authorities, exercising its powers only under the law and for ensuring compliance. + Article 82 (1) The National Anti-Corruption Directorate 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, aided by 2 deputies, assimilated to the deputy attorney general of the The Prosecutor's Office of the High Court of Cassation and Justice. (2) In his activity, the chief prosecutor of the National Anti-Corruption Directorate is helped by 2 councillors, assimilated to the councillors of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (3) The chief prosecutor of the National Anti-Corruption Directorate is the principal authorising officer. (4) The financing of current and capital expenditures of the National Anti-Corruption Directorate shall be ensured from the state budget. + Article 83 (1) Within the National Anti-Corruption Directorate, the governing college operates, which decides on the general management problems of this prosecutor's office. (2) The governing body of the National Anti-Corruption Directorate is constituted by the chief prosecutor, one of his deputies and 5 prosecutors elected in the general assembly of prosecutors. (3) Provisions art. 49 49 para. ((3)-(7) shall apply accordingly. + Article 84 (1) The general meeting of the prosecutors of the National Anti-Corruption Directorate shall be convened by the chief prosecutor of this prosecutor's office, annually or whenever necessary. (2) Provisions art. 51 51 shall apply accordingly. + Article 85 In the exercise of his duties, the chief prosecutor of the National Anti-Corruption Directorate issues internal orders. + Article 86 (1) Within the National Anti-Corruption Directorate, territorial services, services, offices and other compartments of activity can be established, by order of the chief prosecutor of this prosecutor's office. (2) The headquarters of the territorial services and their constituency shall be established by the chief prosecutor of the National Anticorruption Directorate, as a rule, in the localities where the prosecutor's offices of the appellate courts are based and in relation to the constituencies to them. + Article 87 (1) The National Anti-Corruption Directorate falls with prosecutors appointed by order of the chief prosecutor of the National Anti-Corruption Directorate, with the opinion of the Superior Council of Magistracy, within the limits of the posts provided in the state of functions, approved according to law (2) In order to be appointed within the National Anti-Corruption Directorate, prosecutors must have good professional training, an irreproachable moral conduct, at least 6 years old as prosecutor or judge and have been declared admitted. following an interview organised by the committee set up for that purpose. (3) Any prosecutor who meets the conditions provided in par. ((2). (4) The interview consists in the verification of professional training, the ability to make decisions and to assume responsibility, stress resistance, as well as other specific qualities. (5) In the evaluation of candidates, the activity carried out by prosecutors, knowledge of a foreign language and computer operating knowledge will also be considered. (6) The Commission referred to in paragraph (2) is appointed by order of the chief prosecutor of the National Anti-Corruption Directorate and consists of 3 prosecutors from the National Anti-Corruption Directorate. The commission can also include specialists in psychology, human resources and other fields. (7) The chief prosecutor of the National Anticorruption Directorate assesses, annually, the results obtained by prosecutors of the National Anti-Corruption Directorate (8) Prosecutors appointed within the National Anticorruption Directorate may be revoked by order of the chief prosecutor of the National Anti-Corruption Directorate, with the opinion of the Superior Council of Magistracy, in case of improper exercise of their duties specific to the function or in the case of disciplinary sanctions. (9) On the date of termination of the activity within the National Anticorruption Directorate, the prosecutor returns to the prosecutor's office where he comes from or to another prosecutor's office where he has the right to operate (9 ^ 1) From the date of return to the prosecutor's office where they come from or to another prosecutor's office where they have the right to operate, according to the law, the prosecutors who worked in the National Anti-Corruption Directorate regain their professional degree of execution and salary corresponding to the latter or those acquired as a result of the promotion, under the law, during the activity within the direction. ------------ Alin. (9 ^ 1) of art. 87 87 has been introduced by section 2 2 of the single article of EMERGENCY ORDINANCE no. 56 56 of 27 May 2009 , published in MONITORUL OFFICIAL no. 381 381 of 4 June 2009. (10) The powers, competence, structure, organization and functioning of the National Anti-Corruption Directorate are established by special law. ((11) Provisions art. 48 48 para. ((10) and (11) of Law no. 303/2004 , republished, shall apply accordingly. + Article 88 The National Anti-Corruption Directorate develops annually a report on the work carried out, which it presents to the Superior Council of Magistracy and the Minister of Justice, no later than February of the following year. The Minister of Justice will present the conclusions on the activity report of the National Anti-Corruption Directorate + Section 3 The prosecutor's offices near the courts of appeal, courts, courts for minors and family and judges + Article 89 (1) In addition to each appellate court, the court, juvenile and family court and adjudicatory operates a parquet. ((2) The prosecutor's offices are based in the localities where the courts have their headquarters in addition to which they operate and have the same constituency with them. (3) The prosecutor's offices of the courts of appeal and the prosecutor's offices of the courts have legal personality. The prosecutor's offices near the courts for minors and the family and the prosecutor's offices besides the judges have no legal personality. + Article 90 (1) The offices of the courts of appeal and courts have in the structure of the wards, within which services and offices can operate. The prosecutor's offices near the courts of appeal also have a section for minors and family in the structure. ((2) Abrogat. -------------- Alin. ((2) of art. 90 90 has been repealed by section 6.6. 16 16 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) The offices, services or other specialized compartments within the prosecutor's offices shall be established by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, with the opinion of the Minister of Justice. + Article 91 In the localities where the secondary offices of the courts and courts operate, secondary offices of the prosecutor's offices are established, with permanent activity, having the same constituency with the secondary offices of the courts besides which they operate. + Article 92 (1) The prosecutor's offices of the appellate courts are led by general prosecutors. (2) The prosecutor's offices of the courts, the courts for minors and the family and the judges are led by the first prosecutors. (3) The general prosecutors of the prosecutor's offices of the courts of appeal and the first prosecutors of the prosecutor's offices of the courts also exercise coordination and control powers of the administration of the prosecutor's office where they operate, as well as of the prosecutor's offices in Constituency. (4) The first prosecutors of the prosecutor's offices of the courts for minors and the first prosecutors of the prosecutor's offices of the judges also exercise powers of administration of the prosecutor's office. (5) Provisions art. 46 46 para. ((3) shall apply accordingly. ---------------- Alin. ((5) of art. 92 92 has been introduced by section 5 5 of art. II of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Article 93 The prosecutors general of the prosecutor's offices of the appellate courts have the quality of secondary authorising officers, and the first prosecutors of the prosecutor's offices of the courts have the status of tertiary authorising officers. + Article 94 (1) Depending on the volume of activity, at the prosecutor's offices near the courts of appeal and tribunals, the attorney general or, as the case may be, the first prosecutor can be helped by 1-2 deputies, and at the prosecutor's offices of the courts for minors and family and The judges, the first prosecutor can be helped by a deputy. (2) At the Prosecutor's Office of the Bucharest Court of Appeal and at the Prosecutor's Office of the Bucharest Court, the Prosecutor General or, as the case may be, the first prosecutor can be helped by 1-3 deputies. + Article 95 (1) The sections, services and offices of the prosecutor's offices of the courts are headed by chief prosecutors. (2) The driver of each parquet shall allocate the prosecutors on the wards, services and offices, depending on their training, specialization and skills. (3) The driver of each parquet shall allocate the files to the prosecutors, taking into account their specialization. + Article 96 (1) In the prosecutor's offices the management colleagues operate, who endorse the general management problems of the prosecutor's offices. (2) The management colleges of the prosecutor's offices of the courts of appeal, courts, courts for minors and family and judges have in the composition prosecutors who hold positions of the level of those provided in art. 49 49 para. (2) for the governing colleges of the courts. (3) Provisions art. 49 49 para. ((2)-(7) shall apply accordingly. + Article 97 Art. 50 and 51 shall also apply accordingly to the organization and conduct of general meetings of prosecutors. + Section 4 Organizing military prosecutor's offices + Article 98 (1) In addition to each military court operates a military parquet. In addition to the Bucharest Military Court of Appeal operates the Military Prosecutor's Office of the Bucharest Military Court of Appeal, and in addition to the military courts operate the military prosecutor's offices of the military courts. -------------- Alin. ((1) of art. 98 98 has been amended by section 17 17 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The circumstances of the military prosecutor's offices are set out in Annex no. 2 which forms an integral part of this law. (3) Military prosecutors provided in par. (1) each have the status of military unit, with its own indicative. + Article 99 (1) Military prosecutors are led by a first military prosecutor aided by a first deputy military prosecutor. (2) The Military Prosecutor's Office of the Bucharest Court of Appeal is led by a military prosecutor general, helped by an assistant military prosecutor general. + Article 100 (1) Military prosecutors shall exercise by military prosecutors the attributions provided in art. 63 63, which shall apply accordingly. (2) The military prosecutor's offices carry out the prosecution in cases concerning criminal acts committed by Romanian soldiers deployed on the territory of other states, within multinational forces, given that, according to an international convention, the territory of the receiving State may be exercised the Romanian jurisdiction. Military prosecutors participate in court hearings that take place according to art. 57. (3) Military offices have special research bodies put in their service and to which they exercise the duties provided in art. 63 lit. b). (4) Provisions art. 96 96 and 97 shall apply accordingly. + Article 101 (1) When the defendant is active military, the military prosecutor carrying out the prosecution must be part of at least the same category of degrees. (2) When the degree of the prosecutor is not part of the same category as the defendant's degree, he will be assisted by another prosecutor with a degree in the appropriate category, appointed by the head of the prosecutor's office to which the case -------------- Alin. ((2) of art. 101 101 has been amended by section 18 18 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 102 (1) Within the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate there are sections or services to combat crimes committed by soldiers who have, each, the status of military unit, with indicative Own. (2) In order to prevent and combat crime, as well as to establish the causes that generate or promote crime among military and civilian employees of militarized structures, military prosecutor's offices and sections provided for in para. (1) organizes and carries out, according to the competence, joint activities of military prosecutors with organs of the Ministry of National Defence, the Ministry of Internal Affairs, as well as from other military structures, based on protocols. -------------- Alin. ((2) of art. 102 102 has been amended by section 19 19 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Title IV Organization and functioning of the National Institute of Magistr + Article 103 (1) The National Institute of Magistracy is the public institution with legal personality, in the coordination of the Superior Council of Magistracy, which carries out the initial training of judges and prosecutors, the continuous professional training of judges and prosecutors in office, as well as the formation of trainers, under the law. (2) The National Institute of Magistracy is not part of the national education and education system and is not subject to the legal provisions in force regarding the accreditation of higher education institutions and the recognition of diplomas. (3) The National Institute of Magistracy is based in Bucharest. + Article 104 (1) The National Institute of Magistracy is headed by a 13-member scientific board: a judge of the High Court of Cassation and Justice, a prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice, a judge of the Court of Appeal Bucharest, a prosecutor from the Prosecutor's Office of the Bucharest Court of Appeal, appointed by the Superior Council of Magistracy, 3 university professors, recommended by the Faculty of Law of the University of Bucharest, Faculty of Law of Alexandru Ioan Cuza "University of Iasi and the Faculty of Law of the" Babeş-Bolyai " University of Cluj-Napoca, 3 elected representatives of the training staff of the Institute, a representative of the justice auditors, a representative of the legally constituted professional associations of judges and prosecutors, as well as the director The National Institute of Magistracy, which is a part of the council and presides over it. (2) The director of the National Institute of Magistracy and his two deputies are appointed and revoked by the Superior Council of Magistracy. The appointment of the director of the National Institute of Magistracy and his two deputies is made among the legal specialist training staff of the Institute, judges and prosecutors or teachers in the legal higher education accredited according to the law. -------------- Alin. ((2) of art. 104 104 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (3) The duration of the term of office of the members of the scientific council shall be 3 years and may be renewed, with the exception of the mandate of the representative of the auditors of justice, (4) The quality of member of the scientific council of the National Institute of Magistracy is incompatible with the membership of a political party. -------------- Alin. ((4) of art. 104 104 has been introduced by section 2 2 of art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 105 The Scientific Council of the National Institute of Magistracy proposes the draft budget and decides on the issues concerning the organization and functioning of the Institute, at the proposal of the director of this + Article 106 (1) The National Institute of Magistracy is financed from the state budget, through the budget of the Superior Council of Magistracy, under the law. (2) The director of the National Institute of Magistracy is a secondary authorising officer. + Article 107 (1) The maximum number of posts for the National Institute of Magistracy shall be determined by Government decision. (2) The organizational structure, the states of functions and the personnel states of the National Institute of Magistracy are approved by the Superior Council of Magistracy. + Article 108 (1) The training staff of the National Institute of Magistracy shall be provided, as a rule, among the judges and prosecutors in office, who may be seconded under the present law, with their consent, within the Institute, with the opinion scientific council of the Institute. (2) The National Institute of Magistracy may use, under the law, also teachers from higher legal education accredited according to the law, other Romanian and foreign specialists, as well as legal specialized personnel provided for art. 87 87 para. ((1) of Law no. 303/2004 , republished, for the conduct of the vocational training process. (3) Salarization of the training staff of the National Institute of Magistracy to the hourly payment is based on the number of hours of seminar or course held, the monthly gross allowance of the position of judge at the High Court of Cassation and Justice and teaching norm established according to art. 80 80 para. ((2) of Law no. 128/1997 on the status of teaching staff, with subsequent amendments and completions. + Article 109 By decision of the Government can be established, subordinated to the Ministry of Justice and the Public Ministry, regional centers of continuous professional training of clerks and other categories of specialized personnel. + Title V Judicial assistants + Article 110 Judicial assistants are appointed by the Minister of Justice, at the proposal of the Economic and Social Council, for a period of 5 years, between persons with a legal position of at least 5 years and who cumulatively meet the following conditions: a) have Romanian citizenship, domicile in Romania and full exercise capacity; b) are licensed in law and prove appropriate theoretical training; c) have no criminal record, do not have a tax record and enjoy a good reputation; d) know Romanian language; e) are fit, medically and psychologically, for the exercise of the function. + Article 111 (. Judicial assistants shall enjoy stability during their term of office and shall be subject only to the law. (2) Legal provisions on obligations, prohibitions and incompatibilities of judges and prosecutors shall also apply to judicial assistants. (3) The provisions on holiday, free health care and transport gratuity, provided by law for judges and prosecutors, shall also apply to judicial assistants. (4) Judicial assistants shall be sworn in under the conditions laid down by law for judges and prosecutors. (5) The total number of posts of judicial assistants and the distribution of posts on courts, in relation to the volume of activity, shall be established by order of the Minister of Justice. + Article 112 Judicial assistants shall exercise the powers provided for in art. 55 55 para. ((2), as well as other duties provided for in the Rules of Procedure of the courts. + Article 113 (1) Judicial assistants shall be subject to the legal provisions on disciplinary misconduct and sanctions, as well as the reasons for release from office provided by law for judges and prosecutors. (2) The disciplinary sanctions shall apply by the Minister of Justice. (3) Against sanctions applied according to par. (2) an appeal may be made, within 30 days from the communication of the sanction, to the administrative and fiscal section of the court of appeal in the constituency of which the sanctioned one operates. ------------ Alin. ((3) of art. 113 113 has been amended by section 11 11 of art. 51 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. (4) Judicial assistants may be relieved of their duties and as a result of the reduction of the number of posts, in relation to the volume of activity of the court. (5) The sanctions applied to the judicial assistants and their dismissal shall be communicated to the Economic and Social Council by the Minister of Justice. + Article 114 The Government Decision, at the proposal of the Economic and Social Council and the Ministry of Justice, shall be established: a) the conditions, selection procedure and proposal by the Economic and Social Council of the candidates, to be appointed as judicial assistants by the Minister of Justice; b) the conditions for delegation, posting and transfer of judicial assistants. + Article 115 The magistrates in office on the date of entry into force of this Law shall be appointed by law in the functions of judicial assistants and shall continue their work in the labour and social security courts or, as the case may be, of the sections or Specialized panels. + Title VI Specialist auxiliary compartments within the courts and prosecutors ' offices + Article 116 (1) All the courts and all the prosecutor's offices have in the structure the following specialized auxiliary compartments: a) registrar; b) graft; c) archive; d) information and public relations office; e) library. (2) The courts and prosecutors ' offices may have other compartments established by the regulations provided in art. 139 139 para. ((1) and art. 140 140 para. ((1). (3) The courts of appeal and the prosecutor's offices of these courts, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate also have in the structure a documentation compartment and a legal informatics compartment. The legal informatics compartments can also be organized in the structure of the courts, specialized courts, courts and prosecutors ' offices in addition to these courts. (4) Military courts and prosecutors have in their structure and a compartment of classified documents. (5) Within the prosecutor's offices may be appointed, by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, specialists in the economic, financial, banking, customs, computer, as well as in other fields, for clarifying some technical aspects in the activity of criminal prosecution. -------------- Alin. ((5) of art. 116 116 has been introduced by section 20 20 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (6) Specialists referred to in par. (5) have the status of civil servant. -------------- Alin. ((6) of art. 116 116 has been introduced by section 20 20 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (7) The position of specialist in the prosecutor's offices is incompatible with any other public or private function, except for teaching positions in higher education. -------------- Alin. ((7) of art. 116 116 has been introduced by section 20 20 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 117 (1) The information and public relations office shall ensure the links of the court or public prosecutor's office with the public and the means of mass communication, in order to guarantee the transparency of judicial activity, under the conditions established by law. (2) The head of the office, who also performs the role of spokesman, may be a judge or prosecutor appointed by the president of the court or, as the case may be, the head of the prosecutor's office or a graduate of a faculty of journalistic or specialist in communication, called by contest or exam. + Article 118 (1) The auxiliary specialist staff is subordinated hierarchically to the management of the courts or prosecutors where it operates. (2) The distribution of personnel within the specialized auxiliary compartments shall be made by the president of the court or the prosecutor general or, as the case may be, by the prosecutor of the prosecutor's office (3) At the courts of appeal, tribunals, specialized courts and prosecutors ' offices besides them, the compartments in which the specialized auxiliary staff operates are led by first-clerks, and at the sections of the Prosecutor's Office of the The High Court of Cassation and Justice, at the sections of the National Anti-Corruption Directorate, at the judges and prosecutors ' offices next to them, by chief clerks. (4) The IT specialist staff will be administratively subordinated to the president of the court of which he is part and professional of the Information Technology Exploitation Directorate of the Ministry of Justice. (5) The auxiliary staff from the military courts and prosecutors ' offices, from the sections of the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate may also come from among the active military. -------------- Alin. ((5) of art. 118 118 has been amended by section 21 21 of art. 72, Title II of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 119 (1) Grefiers who participate in court hearings or in carrying out acts of prosecution are required to carry out all records about their conduct and to perform any other duties available to them and under the control of the presiding judge or, as the case may be, the prosecutor. (2) At court hearings, clerks are required to wear the clothing outfit corresponding to the court where they operate. The clothing outfit is established by Government decision and is provided free of charge. (3) At court hearings, military clerks are required to wear military uniform. + Article 120 (1) In order to inform the activity of the courts and prosecutors, the President of the High Court of Cassation and Justice, the Minister of Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the Chief Prosecutor of the National Anti-Corruption Directorate take measures to equip them properly. (2) The number of informaticians shall be established by the president of the court or, as the case may be, by the head of the prosecutor's office, with the opinion according to the specialized department of the Ministry of Justice, respectively The Prosecutor's Office of the High Court of Cassation and Justice. (3) In the case of the High Court of Cassation and Justice and the National Anti-Corruption Directorate, the opinion provided in par. ((2) is not necessary. (4) In order to create a unified and functional computer system, the institutions of the judiciary have the obligation to carry out the measures provided for in the strategy of computerization of the judicial system, which is approved by Government decision, At the Ministry of Justice (5) The technical endowment necessary to computerize the military courts, the section or the service of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, from the National Anti-Corruption Directorate, as well as the military prosecutor's offices ensure the Ministry of National Defence. + Article 120 ^ 1 Within the prosecutor's offices, specialists can carry out their activity in the economic, financial, banking, customs, computer, as well as in other fields, to clarify some technical aspects in the activity of criminal prosecution. ----------- Art. 120 ^ 1 was introduced by art. 24 of EMERGENCY ORDINANCE no. 74 74 of 26 June 2013 , published in MONITORUL OFFICIAL no. 389 389 of 29 June 2013. + Title VII Security of courts and prosecutors ' offices and protection of magistrates + Article 121 (1) The security of the premises of the courts and of the prosecutor's offices, their goods and their values, the supervision of access and the maintenance of the internal order necessary to carry out normal activity in these premises shall be ensured, free of charge, to the Romanian Gendarmerie, through its specialized structures. (2) The number of personnel of the Romanian Gendarmerie necessary for the application of the (1) is established by Government decision, at the proposal of the Minister of Justice and the Minister of Internal Affairs, as well as of the President of the High Court of Cassation and Justice (3) The staff activity referred to in par. (2) is coordinated by the president of the court or the prosecutor of the prosecutor + Article 122 (1) Military courts and prosecutors ' offices have the military police placed in their service by the Ministry of National Defence, free of charge. The need for military police personnel will be determined by Government decision, at the proposal of the Ministry of Justice and the Ministry of National Defence. (2) The military police placed in the service of military courts and prosecutors are subordinate to their presidents or prime prosecutors. (3) The security of the premises of the courts and military prosecutor's offices, of the other spaces used by them, of the goods and values belonging to them, the supervision of access and the maintenance of the inner order necessary to carry out the activity Free, by the Military Police. (4) The number of staff required for each instance or parquet will be determined by the Minister of Justice, at the proposal of the President of the Military Court of Appeal and the section or service of the Prosecutor's Office of the High Court of Cassation Justice. + Article 123 The Romanian Police and the Romanian Gendarmerie have the obligation to provide the necessary support, according to the legal duties, to the military courts and prosecutors, to the section or service of the Prosecutor's Office of the High Court of Cassation and Justice and from the framework of the National Anti-Corruption Directorate, for the proper conduct of the criminal process, at + Article 124 How to use the police personnel to ensure the protection of judges and prosecutors, as well as the use of the personnel of the Romanian Gendarmerie to ensure the security of the courts and prosecutors ' offices, the goods and the values belonging to them, the supervision of access and the maintenance of the inner order are established by protocol concluded between the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice Anti-corruption or, as the case may be, the Ministry of Justice + Title VIII Economic and financial management of courts and prosecutors + Chapter I Organization of economic and financial and administrative department + Article 125 (1) The High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Directorate, the courts of appeal, the prosecutor's offices of the courts of appeal, the courts and the prosecutor's offices of the courts have in the structure an economic and financial and administrative department, headed by an economic manager. (2) The economic manager shall be subordinate to the president of the court or, as the case may be, to the head of the (3) The economic and financial and administrative department of the courts and prosecutors ' offices shall ensure economic, financial and administrative activity and for specialized tribunals and courts or, as the case may be, for the prosecutor's offices in their constituency. (4) Provisions of para. ((1) and (2) shall also apply to authorising officers for military courts and prosecutors. ----------- Alin. ((4) of art. 125 125 has been amended by section 12 12 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 2 2 ^ 1. + Article 126 (1) The person who was admitted to the contest organized for this purpose by: a) High Court of Cassation and Justice, for the economic manager of this court; b) the courts of appeal, for the economic managers of the courts of appeal and of the courts; c) The prosecutor's office of the High Court of Cassation and Justice, for the economic manager of this parquet and for the economic managers of the prosecutor's offices of the courts of appeal and tribunals; d) National Anti-Corruption Directorate, for the economic manager of this parquet. (2) In the contest provided in par. (1) persons who have higher economic studies and a specialized seniority of at least 5 years can register. (3) The appointment as economic manager of the persons declared admitted to the contest provided in par. (1) shall be made by order of the head of the court or, as the case may be, of the driver of the prosecutor's office (4) The personnel of the economic and financial and administrative department are assigned by the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the Chief Prosecutor of the The National Anti-Corruption Directorate, the President of the Court of Appeal or, as the case may be, the Prosecutor General of the Prosecutor's Office of the Court of Appeal, on the basis of competition (5) The contest provided in par. (1) and (4) shall be organized according to a regulation approved by the President of the High Court of Cassation and Justice, the Minister of Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the Chief Prosecutor of the National Anticorruption Directorate. + Article 127 The economic manager has the following main tasks a) leads the economic-financial and administrative department of the court or prosecutor's office in which it operates; b) answer for the economic and financial management of the courts or prosecutors ' offices without legal personality from the district of the court or the prosecutor's office in which it operates; c) performs, on the basis of the delegation received from the authorising officers, all their duties provided by law; d) organize the elaboration, substantiation and presentation to the competent bodies of the annual budget projects, within the time limits and under the conditions provided by Law no. 500/2002 on public finances, with subsequent amendments and completions; e) coordinate the management activity of the courts and prosecutor's offices and take measures to ensure the material conditions in order to carry out the activity of the courts and prosecutors; f) take measures to develop and substantiate the design themes for the current and capital repair works of the premises and investment objectives, follow and respond to their realization; g) organize the record keeping of all the buildings in the property or administration of the courts or, as the case may be, of the prosecutor's offices, as well as of the other goods h) pursues and responds to the efficient use of funds received from the state budget, the state social insurance budget or the budgets of special funds, as well as those constituted by own income, according to the law; i) organize the keeping up to date of the accounting of the court and prosecutor's office in the constituency where it operates and controls the correct performance of all financial-accounting operations in the specific documents, as well as the preparation and presentation of the financial statements on the assets under management, according to the provisions Accounting Law no. 82/1991 , republished; j) coordinates the activity of administration of the premises of the courts and prosecutors ' offices in the constituencies within which it operates, establishing measures to ensure the material conditions in order to carry out their activity accordingly. It also ensures order, cleanliness and security of goods in the courts ' premises, including measures to prevent and extinguish fires. + Article 128 Economic managers and specialized personnel from financial and accounting activity and local offices for technical and accounting judicial expertise have the status of civil servants, having the rights and obligations provided by Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions. + Article 129 The presidents of the courts and the heads of the prosecutor's offices can delegate the quality of authorising officer + Article 130 (1) Military courts that do not have their headquarters in Bucharest and the prosecutor's offices in addition to these have in the structure an economic-administrative compartment. (2) The auxiliary staff of the economic and administrative department shall have the following main tasks: a) prepare the documentation for public procurement, services and works necessary to carry out the activity of the courts b) ensure the supply of maintenance and household use materials, fixed assets and inventory items or other goods necessary to carry out the optimal activity of the courts; c) ensure the maintenance and operation of buildings, technical-sanitary heating installations, other fixed assets and inventory items; d) ensure the order, cleanliness and security of goods in the courts ' premises; e) undertake measures to prevent and extinguish fires, as well as to eliminate the consequences of calamities. + Chapter II Budgets of courts and prosecutors + Article 131 (1) The activity of courts and prosecutors ' offices is financed from the state budget. (2) The budget of the courts of appeal, of the courts, of the specialized courts and of the courts is managed by the Ministry of Justice, the Minister of Justice having the status of principal authorising officer. (3) The budget for the prosecutor's offices of the courts of appeal, tribunals, specialized courts and judges is managed by the Prosecutor's Office of the High Court of Cassation and Justice. (4) The budgets of the courts and military prosecutor's offices is managed by the Ministry of National Defence, the Minister of National Defence having the status of principal authorising officer + Article 132 (1) The appellate courts and the prosecutor's offices of the appellate courts shall elaborate the annual budget drafts for the courts or, as the case may be, the prosecutors ' offices in their (2) Budget projects developed according to par. (1) shall be transmitted to the Ministry of Justice or, as the case may be, to the Prosecutor's Office of the High Court of (3) The prosecutor's office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate shall develop their own annual budget projects. The budget of the Prosecutor's Office of the High Court of Cassation and Justice is also included the budgets of the prosecutor's offices of the other courts. (4) Draft budgets developed according to par. (1) and (3) submit to the opinion according to the Superior Council of Magistracy. (5) The budget of the High Court of Cassation and Justice is approved by the general assembly of the judges of this court, with the advisory opinion of the Ministry of Public Finance. (6) The annual budget drafts of the military courts shall be drawn up by the Directorate of Military Courts of the Ministry of Defence, and those of the military prosecutor's offices-by the section or service of the Prosecutor's Office of the High Court and Justice, after consulting the courts, respectively the military prosecutor's offices, and shall be transmitted to the principal authorising officer. ----------- Alin. ((6) of art. 132 132 has been amended by section 12 12 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 2 2 ^ 2. (7) Annually, the Government of Romania will include in the budget of the Ministry of National Defence the necessary funds 131 131 para. ((4). + Article 133 (1) Each court and each parquet shall comply with the necessary number of judges or, as the case may be, prosecutors, as well as with the necessary number of specialized auxiliary personnel and personnel of the economic-financial and administrative department. (2) The President of the High Court of Cassation and Justice and the presidents of the courts of appeal, together with the Minister of Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the chief prosecutor of the Anti-corruption analyzes annually the activity volume of courts and prosecutors and, depending on the results of the analysis, take measures to supplement or reduce the number of posts, with the agreement of the Superior Council of Magistracy. + Article 134 (1) The maximum number of posts for courts and prosecutors shall be established by Government decision, at the proposal of the Minister of Justice, with the opinion of the Superior Council of Magistracy (2) For the High Court of Cassation and Justice, the maximum number of posts is established by Government decision, at the proposal of the Minister of Justice and the President of the High Court of Cassation and Justice, with the opinion of the Superior Council of Magistracy. (3) For military courts and prosecutors, the maximum number of posts is approved, according to par. ((1), with the advisory opinion of the Minister of Defence. + Article 134 ^ 1 (1) If the proper functioning of the courts or prosecutors is seriously affected due to the number of temporary vacancies, they may be occupied for an indefinite period, according to the law, if the vacancy of the posts was made Following: a) appointment to management positions; b) appointment as prosecutor in the Directorate for Investigation of Organized Crime and Terrorism or National Anti-Corruption Directorate; c) secondment; d) election as member of the Superior Council of Magistracy; e) suspension from office, pursuant to art. 62 62 of Law no. 303/2004 , republished, with subsequent amendments and completions; f) vacancy from other causes, for a period of more than one year. (2) The number of temporary vacancies that can be handled in the cases provided in par. (1) is approved for each court or, as the case may be, parquet by the Superior Council of Magistracy, on the proposal of authorising officers. (3) After the end of the situations referred to in (1), if the judge or prosecutor returns to the court or prosecutor's office where he previously operated, the principal authorising officer is obliged to immediately provide him with a vacancy from the reserve fund provided in par. ((4) and (5), if there are no more vacancies at that court or parquet. (4) In order to ensure the necessary posts of judge or prosecutor upon termination of the situations provided in par. (1), a reserve fund of 150 posts of judge and 50 prosecutor's posts shall be constituted by the state budget. The number of posts in the reserve fund can be updated annually by Government decision. ---------- Alin. ((4) of art. 134 ^ 1 has been modified by art. II of JUDGMENT no. 328 328 of 27 April 2016 published in MONITORUL OFFICIAL no. 361 361 of 11 May 2016. (5) The posts provided in par. (4) will be assigned to the courts and prosecutors ' offices by order of the Minister of Justice, in a situation where at the courts or prosecutor's offices where the judge or prosecutor requested the return to the post there are no vacancies. (6) In case of subsequent vacancy of some posts at the respective court or prosecutor's office, temporarily or permanently, the posts of judge or prosecutor assigned under the conditions of par. ((4) shall be re-included in law, from the date of the holiday, in the reserve fund, and the judge or prosecutor who occupied such a post shall be considered fit on the vacancy. The inclusion of the vacated post in the reserve fund is found by order of the Minister of Justice, at the proposal of the Superior Council of Magistracy, within 15 days of the holiday. (7) Amounts of money corresponding to the financing of unoccupied posts provided in par. (1) will be transferred to the state budget at the end of each calendar year. -------------- Art. 134 ^ 1 was introduced by the section 3 3 of art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 135 (1) States of functions and personnel for courts of appeal, tribunals, specialized courts, judges and prosecutors shall be approved with the assent of the Superior Council of Magistracy, by order of the Minister of Justice. (2) The states of functions and personnel for each military and parquet court of this shall be approved by joint order of the Minister of Justice and the Minister of Defense, with the assent of the Superior Council of Magistracy. ----------- Alin. ((2) of art. 135 135 has been amended by section 13 13 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. II of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 4. + Article 136 *) As of January 1, 2008, the powers of the Ministry of Justice relating to the management of the budget of the courts of appeal, the courts, the specialized courts and the courts will be taken over by the High Court of Cassation and Justice. + Title IX Transitional and final provisions + Article 137 In addition to the courts operate, under the law, the following structures: a) social reintegration and supervision services; b) trade register offices; c) other structures established by special law. + Article 138 (1) The State is obliged to provide the premises and other material and financial means necessary for the proper functioning of the work of the courts and prosecutors. (2) The Government, the General Council of the Municipality of Bucharest, the county councils and the local councils, with the support of the prefectures, shall provide the High Court of Cassation and Justice, the Ministry of Justice, the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate the premises necessary for the proper functioning of the courts and prosecutors ' offices. (3) The material and monetary rights of the personnel of the military courts and prosecutors ' offices and the material means, including the automotive ones, necessary for the officials of the military courts and prosecutors, the section or the service of the The High Court of Cassation and Justice and the section or service of the National Anti-Corruption Directorate shall ensure the Ministry of National Defence. + Article 139 (1) The Rules of Procedure of the Courts shall be established: a) administrative organization of appeals courts, courts, specialized courts and courts; b) the manner and criteria for the distribution of cases on full of judgment, in order to ensure compliance with the principles of random distribution and continuity; c) the duties of the presidents, the vice-presidents, the judges of the inspectors, the section presidents, the judges and the other staff; d) the organization and conduct of the work of the leading colleges of the courts and general meetings of the judges; e) the court holiday; f) the organization, operation and attributions of specialized auxiliary compartments; g) the organization, operation and attributions of the economic and financial and administrative department. (2) The Rules of Procedure of the Courts shall be drawn up by the Superior Council of Magistracy and the Ministry of Justice and approved by decision of the Superior Council of Magistracy, which shall be published in the Official Gazette of the Romania, Part I. + Article 140 (1) The Rules of Procedure of the Prosecutor's Office shall be established: a) administrative organization of the Prosecutor's Office of the High Court of Cassation and Justice, of the National Anti-Corruption Directorate, of the prosecutor's offices of the courts of appeal, courts, courts for minors and family and judges; b) the powers of the general prosecutors, the first prosecutors and their deputies, the inspectors of the inspectors, the chief prosecutors and the prosecutors, as well as the other personnel; c) organization and way of conducting the work of the leading colleges of prosecutors ' offices and general meetings of prosecutors; d) hierarchy of administrative functions within the Public Ministry; e) the organization, operation and duties of the specialized auxiliary compartments of the prosecutor's offices; f) the organization, operation and attributions of the economic and financial department within the prosecutor's offices. (2) The internal order regulation provided in par. (1) is approved by order of the Minister of Justice, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the chief prosecutor of the National Anti-Corruption Directorate, with the opinion of the Magistracy. + Article 141 References to the Supreme Court of Justice contained in the normative acts in force are considered to be made at the High Court of Cassation and Justice. + Article 142 (1) The data to which the specialized courts will begin to operate, the counties and localities in which they will begin to operate, their name, as well as the areas in which they will operate shall be established, staggered, by order of the Minister justice, with the assent of the Superior Council of Magistracy. -------------- Alin. ((1) of art. 142 142 has been amended by section 3 3 of art. unique from LAW no. 296 296 of 14 November 2013 , published in MONITORUL OFFICIAL no. 699 699 of 14 November 2013. (2) The provisions of this Law on economic managers of courts and prosecutors ' offices shall apply from 1 July 2005. (3) The position of economic manager shall be equivalent to the position of Executive Director. (4) Until the beginning of the functioning of the Ilfov Tribunal and the prosecutor's office of this court, the cases of their competence shall be solved by the Bucharest Court and the Prosecutor's Office of the Bucharest Court, respectively. + Article 143 (1) Provisions art. 53 53 para. (1) on the distribution of cases in the computerised system shall be applied gradually, with the action ending up to 2007. (2) Until 2007 the distribution of cases to courts that do not have computerized system is done randomly, under the conditions established by the Rules of Procedure of the courts. + Article 144 (. On the date of entry into force of this Law, it shall be repealed: a) provisions of art. 1-5 1-5, art. 7-11 7-11, art. 17-26 17-26, art. 27-35 27-35, art. 44-54 44-54, art. 56 56 and 57 of the Supreme Court of Justice Act No. 56/1993 , republished in the Official Gazette of Romania, Part I, no. 56 of 8 February 1999, with subsequent amendments and completions; b) provisions of art. 1 1, art. 2 2 para. 1 1, 3 and 4, art. 4-9 4-9, art. 10-16 10-16, art. 17 17 para. 1 1 ^ 1 -1 ^ 3 and para. 3-5 3-5, art. 18-25 18-25, art. 26-41 26-41, art. 69 ^ 1 -69 ^ 5, art. 70-85 70-85, art. 132 132, art. 133 133 para. 1 1 and 3, art. 134 134 and art. 136 136-160 of Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, with subsequent amendments and completions. ((2) Provisions art. 135 135 of Law no. 92/1992 , republished, with subsequent amendments and completions, relating to economic directors shall be repealed with effect from 1 July 2005. Note
----------
NOTE:
We reproduce below the provisions art. II-IV, VII and VIII of Title XVI of Law no. 247/2005 ,, which are not incorporated into the republished text of the Law no. 304/2004 and which continue to apply as own provisions of Title XVI of the Law no. 247/2005 .
"" Art. II. -(1) On the date of entry into force of this law, the functions of inspector inspector and inspector prosecutor shall be abolished and the posts shall be transformed into posts of judge or prosecutor. (2) The ongoing activities of the inspectors inspectors and prosecutors inspectors will be continued by judges or prosecutors appointed by the heads of the courts or prosecutors.
Art. III. -The provisions of this law on the registration of court hearings, as well as those on appointment at the offices of information and public relations of graduates of a journalistic faculty or communication specialists apply from 1 July 2006
Art. IV. -(1) The territorial districts of the military prosecutor's offices in the municipalities of Bacau, Brasov, Constanta, Craiova, Oradea, Ploiesti and Targu Mures that are abolished by the entry into force of this law shall be redistributed in accordance with territorial constituencies of military courts in these localities, according to Annex no. 2 to the present law. (2) The reduced functions as a result of the reorganization of the military courts and prosecutors, according to the present law, pass in the states of functions of the Ministry of Justice and the Public Ministry, with the taking of financing measures by transferring to these institutions of corresponding funds from the budget of the Ministry of National (3) The spaces and material facilities of the abolished military prosecutor's offices will be taken over by the military prosecutor's offices to which, through redistribution, the territorial constituencies of the disbanded units return. (4) Civil and military auxiliary staff in the courts and military prosecutor's offices who opt for transfer to civil courts and prosecutors ' offices or whose functions have been reduced will be transferred, taking into account the option expressed, at courts and civil prosecutors ' offices within the radius of domicile or other localities. (5) Upon the transfer of civil and military auxiliary personnel from military courts and prosecutors ' offices to civil courts or prosecutors, it shall be taken into account, according to the law, of seniority in work and professional activity. In this case, the withdrawal of military auxiliary personnel into the reserve or directly into withdrawal is mandatory.
..........................................................................
Art. VII. -The regulations provided for by this law shall be updated and adopted within 60 days from the entry into force of this Law and shall be published in the Official Gazette of Romania, Part I.
Art. VIII. -(1) Within 90 days of the entry into force of this law, elections will be held for the leading colleges of courts and prosecutors. (2) The duties of the members of the current management colleagues shall cease at the expiry of the term provided in ((1). '
---------- + Annex 1 A. JUDGMENTS, PROSECUTOR ' S OFFICES AND THEIR LOCALITIES OF RESIDENCE ------------------------------------------------------------------------------ County of the Court of residence ------------------------------------------------------------------------------ Alba Alba Iulia Alba Iulia Campeni city Campeni Aiud Municipality of Aiud Blaj Municipality Blaj Sebes municipality Sebes Arad Arad city Arad Ineu city of Ineu Lipova city Lipova Gurahont Gurahont Chisineu-Cris city of Chisineu-Cris Arges Pitesti Pitesti Campulung municipality Campulung Curtea de Arges-Curtea de Arges Costesti city Costesti Topoloveni city of Topoloveni Bacau Bacau Bacau Onesti municipality Onesti Moinesti Moinesti Podu Turcului Podu Turcului Buhusi Buhusi city Bihor Oradea Oradea Beius municipality Beius Marghita municipality Marghita Alesd city of Alesd Salonta municipality of Salonta Bistrita-Nasaud Bistrita municipality Bistrita Nasaud city Nasaud Beclean city of Beclean Botosani Botosani municipality Botosani Dorohoi Dorohoi municipality Saveni city of Saveni Darabani city of Darabani Brasov Brasov Brasov Fagaras municipality Fagaras Broke the town of Rupea Zarnesti city Zarnesti Braila Braila Braila Faurei city of Faurei The married city of Insurata Buzau Buzau municipality Buzau Ramnicu Sarat municipality of Ramnicu Sarat Patarlagele the city of Patarlagele Pogoanele city Pogoanele Caras-Severin Resita Resita Caransebes municipality Caransebes Oravita city of Oravita Moldova Noua Moldova Noua Bozovici Bozovici Bocsa City Bocsa Calarasi Calarasi Calarasi municipality Oltenita municipality Oltenita Lehliu-Gara the city of Lehliu-Gara Cluj Cluj-Napoca Cluj-Napoca Turda municipality Turda Dej municipality Dej Huedin city of Huedin Gherla Municipality of Gherla Constanta Constanta Constanta Medgidia municipality Medgidia Harsova town of Harsova Mangalia Mangalia Cernavoda city Cernavoda Baneasa city Baneasa Covasna Sfântu Gheorghe Sfântu Gheorghe Targu Secuiesc Targu Secuiesc The city of Întorsura Buzăului Dambovita Targoviste Targoviste Gaesti city of Gaesti Pucioasa city of Pucioasa Racari city Racari Moreni Moreni municipality Dolj Craiova city Craiova Bailesti municipality Bailesti Filiasi City Branch Segarcea city of Segarcea Calafat municipality Calafat Bechet city of Bechet Galati Galati municipality Galati Tecuci municipality Tecuci Targu Bujor Targu Bujor Liesti commune Liesti Giurgiu Giurgiu municipality Giurgiu Bolintin-Vale the city of Bolintin-Vale Comana Comana Comana Gorj Targu Jiu municipality Targu Jiu Targu Carbunesti city Targu Carbunesti Novaci city of Novaci Motru Motru Harghita Miercurea-Ciuc Miercurea-Ciuc Odorheiu Secuiesc Odorheiu Secuiesc Toplita municipality Toplita Gheorgheni Gheorgheni Hunedoara Deva Deva Hunedoara municipality Hunedoara Petrosani municipality Petrosani Orastie municipality Orastie Brad City Brad Hateg city of Hateg Ialomita Slobozia municipality Slobozia Urziceni municipality Urziceni Fetesti Fetesti Iasi Iasi Iasi Pascani municipality Pascani Harlau City of Harlau Raducaneni commune Răducăneni Ilfov Buftea City of Buftea Cornetu Cornetu Maramures Baia Mare Baia Mare Sighetu Marmatiei Sighetu Marmatiei Viseu de Sus the city of Viseu de Sus Targu Lapus city Targu Lapus Dragomiresti Dragomiresti Somcuta Mare town of Somcuta Mare Mehedinti Drobeta-Turnu Severin municipality Drobeta-Turnu Severin Strehaia city of Strehaia Orsova municipality Orsova Vanju Mare city of Vanju Mare Baia de Aramă Baia de Aramă Mures Targu Mures municipality Targu Mures Sighisoara Sighisoara Reghin Reghin Municipality Tarnaveni municipality Tarnaveni Ludus city of Ludus Sangeorgiu de Padure City of Sangeorgiu de Padure Neamt Piatra-Neamt Municipality of Piatra-Neamt Roman municipality Roman Targu-Neamt city Targu-Neamt Bicaz city Bicaz Olt Slatina municipality Slatina Caracal Caracal municipality Corabia city of Corabia Bals city Bals Scornicesti city Scornicesti Prahova Ploiesti municipality Ploiesti Campina Campina Valenii de Munte city of Valenii de Munte Mizil town Mizil Sinaia city Sinaia Urlati city Urlati Satu Mare Satu Mare Satu Mare Carei of Carei Negresti-Oas city of Negresti-Oas Salaj Zalau municipality Zalau Simleu Silvaniei city of Simleu Silvaniei Jibou city of Jibou Sibiu Sibiu Sibiu Medias municipality Medias Agnita city Agnita Avrig City of Avrig Saliste city of Saliste Suceava Suceava Suceava Campulung Moldovenesc municipality Campulung Moldovenesc Radauti municipality Radauti Falticeni municipality Falticeni Vatra Dornei Vatra Dornei Mouth Humor City Gura Humorului Teleorman Alexandria Alexandria Rosiori de Vede Municipality Rosiori de Vede Turnu Magurele Turnu Măgurele Videle city of Videle Zimnicea the city of Zimnicea Timis Timisoara Timisoara Lugoj Municipality Lugoj Deta city of Deta Sannicolau Mare city of Sannicolau Mare Faget city Faget Jimbolia Jimbolia Tulcea Tulcea Tulcea Babadag city of Babadag Macin City Macin Vaslui Vaslui Vaslui municipality Barlad Bârlad municipality Husi municipality Husi Murgeni city of Murgeni Valcea Ramnicu Valcea municipality Ramnicu Valcea Dragasani Municipality Dragasani Horezu town Horezu Brezoi town of Brezoi Balcesti city Balcesti Vrancea Focsani Focsani municipality Panciu city Panciu Adjud Adjud Bucharest District Court 1 Bucharest 2nd District Court of Bucharest 3rd District Court of Bucharest 4th District Court of Bucharest 5th District Court of Bucharest District Court 6 Bucharest ------------------------------------------------------------------------------ B. TRIBUNALS, SPECIALIZED COURTS, PROSECUTOR ' S OFFICES SPECIALISED COURTS AND TRIBUNALS AND LOCALITIES OF RESIDENCE ------------------------------------------------------------------------------ County of the Court of First Instance specialised court ------------------------------------------------------------------------------ Alba Alba Iulia Alba Iulia Arad Arad city Arad Arges Arges municipality Pitesti Bacau Bacau Bacau Bihor Bihor Oradea Bistrita-Nasaud Bistrita-Nasaud municipality Bistrita Botosani Botosani municipality Botosani Brasov Brasov Brasov Braila Braila Braila Buzau Buzau municipality Buzau Caras-Severin Caras-Severin Municipality of Resita Calarasi Calarasi Calarasi municipality Cluj Cluj Cluj-Napoca Constanta Constanta Constanta Covasna Covasna municipality Sfantu Gheorghe Dambovita Dambovita municipality Targoviste Dolj Dolj Craiova Galati Galati municipality Galati Giurgiu Giurgiu municipality Giurgiu Gorj Gorj municipality Targu Jiu Harghita Harghita municipality Miercurea-Ciuc Hunedoara Hunedoara municipality Deva Ialomita Ialomita municipality Slobozia Iasi Iasi Iasi Ilfov Ilfov City of Buftea Maramures Maramures Baia Mare Mehedinți Mehedinți Mures Mures municipality Targu Mures Neamt Neamt municipality Piatra-Neamt Olt Olt municipality Slatina Prahova Prahova municipality Ploiesti Satu Mare Satu Mare Satu Mare Salaj Salaj municipality Zalau Sibiu Sibiu Sibiu Suceava Suceava Suceava Teleorman Teleorman municipality Alexandria Timis Timis Timisoara Tulcea Tulcea Tulcea Vaslui Vaslui Vaslui municipality Valcea Valcea municipality Ramnicu Valcea Vrancea Vrancea municipality Focsani Bucharest Bucharest Bucharest ------------------------------------------------------------------------------ -------------- Title lit. B of Annex 1 has been amended by section 6.6. 4 4 of art. unique from LAW no. 296 296 of 14 November 2013 , published in MONITORUL OFFICIAL no. 699 699 of 14 November 2013. Name of column two of the table in point. B of Annex 1 has been amended by section 6.6. 5 5 of art. unique from LAW no. 296 296 of 14 November 2013 , published in MONITORUL OFFICIAL no. 699 699 of 14 November 2013. C. THE COURTS OF APPEAL, THE PROSECUTOR ' S OFFICES BESIDE THE COURTS OF APPEAL, THEIR CONSTITUENCIES AND THEIR LOCALITIES OF RESIDENCE ------------------------------------------------------------------------------ Court of Appeal Tribunals and Locality of Residence specialised courts contained in the constituency court of appeal ------------------------------------------------------------------------------ 1. Alba Iulia Alba Iulia Court of Appeal Alba Iulia Sibiu Hunedoara ------------------------------------------------------------------------------ 2. Court of Appeal Pitesti Arges Municipality of Pitesti Valcea ------------------------------------------------------------------------------ 3. Bacau Bacau Court of Appeal Bacau Municipality Neamt ------------------------------------------------------------------------------ 4. Court of Appeal Oradea Bihor Satu Mare ------------------------------------------------------------------------------ 5. Court of Appeal Suceava Suceava Botosani ------------------------------------------------------------------------------ 6. Court of Appeal Brasov Brasov Covasna ------------------------------------------------------------------------------ 7. Bucharest Bucharest Court of Appeal Bucharest Calarasi Giurgiu Ialomitis Ilfov Teleorman ------------------------------------------------------------------------------ 8. Court of Appeal Cluj Cluj Bistrita-Nasaud Maramures Salaj ------------------------------------------------------------------------------ 9. Court of Appeal Constanta Constanta Tulcea ------------------------------------------------------------------------------ 10. The Court of Appeal Craiova Dolj Gorj Mehedinti Olt ------------------------------------------------------------------------------ 11. Court of Appeal Galati Galati Municipality of Galati Braila Vrancea ------------------------------------------------------------------------------ 12. Court of Appeal Iasi Iasi Vaslui ------------------------------------------------------------------------------ 13. Court of Appeal Targu Mures Mures Harghita ------------------------------------------------------------------------------ 14. Court of Appeal Ploiesti Prahova Municipality of Ploiesti Buzau Dambovita ------------------------------------------------------------------------------ 15. Court of Appeal Timişoara Timişoara Arad Caras-Severin ------------------------------------------------------------------------------ -------------- Name of column two of the table in point. C of Annex 1 has been amended by section 4.2. 6 6 of art. unique from LAW no. 296 296 of 14 November 2013 , published in MONITORUL OFFICIAL no. 699 699 of 14 November 2013. + Annex 2 Constituencies of the military courts, of the prosecutor's offices of these and the localities of residence ┌ ---- [...] [...] [...] [...] | | No. | Military court and | Military Prosecutor's Office and | Constituency | | crt. | locality de | locality of residence | territorial | | | residence | | | | ├ ---- 留言 | 加入好友 ------ | I. 1 | Military Court | Prosecutor's Office of | Arges | | | Bucharest | Military Court | Calarasi | | | Headquarters: Municipality | Bucharest | Giurgiu | | | Bucharest | Headquarters: Municipality | Ialomita | | | | Bucharest | Ilfov | | | | | Olt | | | | | Teleorman | | | | | Valcea | | | | | Municipality | | | | | | Bucharest | | | | | Constanta | | | | | Tulcea | | | | | Braila | | | | | Buzau | | | | | Dambovita | | | | | Prahova | ├ ---- 留言 | 加入好友 ------ | I. 2 | Military Court | Prosecutor's Office of | Brasov | | | Cluj | Military Court of Cluj | Covasna | | | Headquarters: Municipality | Headquarters: Cluj Municipality-| Sibiu | | | Cluj-Napoca | Alba | | | | | Bistrita-Nasaud | | | | | | Cluj | | | | | Salaj | | | | | Harghita | | | | | Mures | | | | | Bihor | | | | | Maramures | | | | | | Satu-Mare | ├ ---- 留言 | 加入好友 ------ | I. 3. | Military Court | Prosecutor's Office of | Bacau | | | Iasi | Iasi Military Court | Neamt | | | Headquarters: Municipality of Iasi | Headquarters: Iasi Municipality | Suceava | | | | | Vrancea | | | | | Botosani | | | | | Galati | | | | | Iasi | | | | | Vaslui | ├ ---- 留言 | 加入好友 ------ | I. 4 | Military Court | Prosecutor's Office of the | Dolj | | | Timisoara | Military Court | Gorj | | | Headquarters: Municipality | Timisoara | Hunedoara | | | Timisoara | Headquarters: Municipality | Mehedinti | | | | Timisoara | Arad | | | | | Caras-Severin | | | | | Timis | ├ ---- 留言 | 加入好友 ------ | | II. | Military Court | Military Prosecutor's Office on | Competence | | | Territorial Bucharest | near the Military Court | territorial | | | Headquarters: Municipality | Territorial Bucharest | General | | | | Bucharest | Headquarters: Municipality | | | | | | | | | ├ ---- 留言 | 加入好友 ------ | III. | Military Court | Military Prosecutor's Office on | Competence | | | Bucharest Appeal | near the Military Court of Territorial | | | | Headquarters: Municipality | Call Bucharest | general | | | Bucharest | Headquarters: Municipality | | | | | | | | | └ ---- [...] [...] [...] [...] -------