LEGE no. 123 123 of 4 May 2006 (* updated *) on the status of probation staff * *) ((updated until 9 December 2011 *)
ISSUER
PARLIAMENT
--------------- **) The title of the law was amended by item 1 1 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. The Romanian Parliament adopts this law + Chapter I General provisions General provisions + Article 1 (1) The present law regulates the status of specialized personnel specific to the probation system, hereinafter referred to as probation personnel. ... ------------- Alin. ((1) of art. 1 1 has been amended by section 2 2 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (2) In carrying out the act of justice, the work of the probation staff is a support for judges and prosecutors, the competence and the correct performance of the tasks assigned to this category of personnel playing an important role in the individualization of punishment, execution of non-custodial sanctions, assistance and counseling of victims of crimes. ... ------------- Alin. ((2) of art. 1 1 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 2 The probation services operate under the leadership, coordination and control of the Probation Directorate of the Ministry of Justice, hereinafter referred to as the specialized direction. + Article 3 In the exercise of office, probation personnel are obliged to respect the fundamental human rights and freedoms, the Constitution and laws of the country, the provisions of internal regulations and to fulfill the legal provisions of hierarchical chiefs on professional activity. ------------- Article 3 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 4 In the exercise of office, probation personnel must respect the dignity of the individual and the integrity of the person ------------- Article 4 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 5 In the exercise of the rights and fulfillment of the obligations and duties provided by this law, discrimination on the basis of sex, sexual orientation, age, race, ethnicity, religion, social origin, family situation or other criteria discriminating. + Article 6 The purpose of exercising the position of probation counselor is to increase public safety by informing and advising victims of crime, promoting alternatives to detention, preventing crime, reducing risk. of relapse and reintegration into the community of persons who have violated the criminal law. + Chapter II Structure of probation staff ------------- Title Cap. II has been modified by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 7 (1) The probation staff shall be composed of: ... a) probation counselors; ... b) heads of probation services, hereinafter referred to as heads of service; ... c) probation inspectors, execution personnel with powers of control of the activity of probation services, who operate within the specialized directorate. ... (2) The probation counselors shall exercise execution functions. ... (3) The Director of the Probation Directorate may be appointed by the Minister of Justice among the probation staff referred to in par. ((1). ... ------------ Article 7 has been amended by section 7. 1 1 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. + Section 1 Probation counselors Probation counselors + Article 8 (1) After the criterion of seniority, the position of probation counselor has 4 professional degrees, as follows: ... a) junior probation counselors; ... b) Probation counselors degree III-seniority in probation from one year to 4 years; ... c) Probation counselors degree II-seniority in probation from 4 years to 6 years; ... d) probation counselors degree I-seniority in probation over 6 years. ... (2) Each professional degree corresponds to a salary level established by the payroll law. ... (3) By seniority, it is understood the seniority acquired by carrying out the activity in the probation system, in the positions of adviser for social reintegration and supervision of the execution of non-custodial sanctions, protection of victims and social reintegration of offenders, probation counselor, head of the social reintegration service of criminals and supervision of the execution of non-custodial sanctions, head of the protection service of victims and social reintegration of offenders, head of the probation service, inspector of social reintegration of offenders and supervision of the execution of non-custodial sanctions, inspector of victim protection and social reintegration of offenders, probation inspector or, as the case may be, director of Specialist direction. ... (4) By seniority in the specialty is understood the seniority in the specialty of the bachelor's degree. ... ------------- Article 8 has been amended by section 6.6. 4 4 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 9 Probation counselors are debutants and definitively. + Article 10 (1) The junior probation counselor is the person with a specialty seniority of less than one year at the time of appointment, who performs one year of internship until completion. ... (2) The definitive probation counselors shall be divided into 3 professional degrees, according to art. 8 8 para. ((1) lit. b)-d). ... (3) Persons who at the time of employment have at least one year old in the specialty will be assigned to the position of third-degree probation counselor. ... (4) Persons classified under the conditions of par. (3) can register for the exam for promotion to the next professional degree after they turn 4 years of age in probation. ... (5) If the person has previously exercised functions in the probation system and left the system for non-imputable reasons, in the situation of reemployment benefits from the recognition of seniority in probation. ... ------------- Article 10 has been amended by section 10. 5 5 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 11 ((1) The internship represents the period before finalization as a probation counselor and aims at professional training at the beginning of the exercise of the function. ... ((2) The internship is effective and compulsory. ... (3) During the internship period the junior probation counselor exercises all the duties provided by law, having the obligation: ... a) to deepen the theoretical knowledge in the field of probation and protection of victims of crimes-notions of criminal law and criminal procedure, criminology, the methodology of the activity of probation and protection of victims, mental health and crime, addiction problem, institutional development and institutional cooperation, psychology of development, applied sociology, social informatics; ... b) to develop basic skills, necessary to carry out the activity of probation and protection of victims. ... (4) The activity of the junior probation counselor is directed by the head of the probation service or by the probation counselor who performs supervision activities. ... ------------- Alin. ((4) of art. 11 11 has been amended by section 6 6 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (5) Provisions of para. (3) and (4) shall also apply accordingly to the staff who in employment had the seniority in the specialty necessary to fill a position of permanent probation adviser, but who had not previously exercised a position in the field of probation. ... + Article 12 (1) The probation counselors are subordinated hierarchically to the heads of services and to the director of the specialized department ... (2) The probation counselors comply with the legislation in force and perform the tasks entrusted by the head of service and the director of the specialized directorate. ... + Section 2 Heads of probation services Heads of probation services + Article 13 The heads of the services are appointed according to the Minister of Justice, among the probation counselors III-I, taking into account the professional qualities, managerial skills, especially the capacity of organization and decision, integrity, crisis management capacity, communication skills, teamwork, planning, self-control and motivation to fill the position. + Article 13 ^ 1 (1) In order to serve as head of service, the person must cumulatively meet the following conditions: ... a) have a period of probation of at least 3 years; ... b) not to have been disciplined in the last 2 years, by applying one of the disciplinary sanctions provided in art. 74 74 para. ((1) lit. b)-e); ... c) have obtained the ratings "well" or "very well" at the professional performance evaluations of the last 2 years; ... d) to have promoted the contest organized under art. 21. ... (2) The appointment as head of service shall be made by order of the Minister of Justice, for a term of 4 years, with the possibility of reinvestment under the conditions provided in par. ((1) lit. b), c) and d). ... (3) Upon termination of office of chief of service, the person returns to the position of probation counselor. ... (4) The mandate provided in par. ((2) shall be extended by right until the time of appointment as head of service of the declared candidate admitted following the contest organized in this regard. ... (5) If no candidate has been declared admitted to the competition, the position of head of service remains vacant. ... (6) During the vacancy or temporary vacancy of the office of chief service, the duties specific to the management function will be exercised, by delegation, by a probation counsellor appointed according to a procedure approved by order of Justice Minister ... ------------- Article 13 ^ 1 was introduced by item 1. 7 7 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 14 The heads of the probation services have the following duties: a) coordinate the activity of the probation service, ensuring its proper functioning; ... b) assign the works and tasks within the probation service; ... c) follow and respond to the proper elaboration and the set deadlines of the works; ... d) carry out the legal provisions and those of the hierarchical heads; ... e) ensure a participatory and consultative work environment; ... f) manages with responsibility and impartiality the professional relations that are established with and between the probation staff in the subordination; ... g) contribute to promoting the activities of the probation service; ... h) annually assess the professional performance of probation counselors; ... i) contribute to the initial and continuous training of the subordinate staff; ... j) formulates proposals to streamline the practice in the field; ... k) represents the service and develops optimal working relationships with collaborators within partner organizations and institutions; ... l) carry out the administrative activities that the post entails. ... + Article 15 (1) Revocation from the position of management of the heads of the probation services shall be ordered by the Minister of Justice, at the proposal of the Director of the specialized directorate, ... a) if they no longer meet one of the conditions required for appointment to the position of management; ... b) in case of improper exercise of managerial duties on effective organization, behavior and communication, assumption of responsibilities. ... (2) When verifying the effective organization of the activity by the heads of the probation services, the following criteria will mainly be considered: adequate use of human and material resources, assessment of needs, management crisis situations, information management, organization of professional training and improvement and burden sharing within the probation service. ... (3) In checking the conduct and communication of the heads of the probation services will be considered, mainly, the behavior and communication with the persons in evidence of the probation service, with the judicial bodies, with the collaborators from partner organizations and institutions, with the media, as well as ensuring access to information of public interest and transparency of the driving act. ... (4) Upon verification of the assumption of responsibility by the heads of the probation services will be considered, mainly, the performance of the duties provided by law and regulations, as well as the implementation of national and sequential strategies in Justice. ... (5) When checking the managerial skills of the heads of the probation services will be considered, mainly, the organizational capacity, the rapid decision-making capacity, the stress resistance, the self-improvement, the analysis capacity, the synthesis, foresight, strategy and planning in the short, medium and long term, the initiative and the ability to adapt quickly. ... (6) Against the order of revocation from office you can appeal to the competent court, according to the law. ... ------------- Alin. ((6) of art. 15 15 has been introduced by section 8 8 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Section A 3-A Probation inspectors Probation inspectors + Article 16 (1) Probation inspectors shall be appointed by order of the Minister of Justice, from among the probation counselors II-I, taking into account the professional qualities, communication skills, tact in the relations of service, integrity and objectivity, as well as crisis management capacity. ... (2) In order to be appointed as probation inspector, the person must cumulatively meet the following conditions: ... a) not to have been disciplined in the last 2 years, by applying one of the disciplinary sanctions provided for in art. 74 74 para. ((1) lit. b)-e); ... b) have obtained the ratings "well" or "very well" at the professional performance evaluations of the last 2 years; ... c) to have promoted the contest organized under art. 21. ... ------------- Article 16 has been amended by section 4. 9 9 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 17 (1) After the criterion of seniority, the position of probation inspector has two professional degrees, as follows: ... a) second-degree probation inspector, with a time of probation from 4 years to 6 years; ... b) grade I probation inspector, with a probation age of over 6 years. ... ------------- Alin. ((1) of art. 17 17 has been amended by section 10 10 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (2) Each grade corresponds to a basic salary level in the pay scale. ... + Article 18 Probation inspectors shall have the following tasks: a) carry out the control of the probation services by means of periodic probation inspections; ... b) propose to the director of the specialized department legal and timely solutions in solving the aspects identified during the inspection and in order to streamline the activity of the probation service, based on the findings of the inspections; ... c) performs, from the disposition of hierarchical heads, the prior disciplinary research of probation personnel; ... ------------- Letter c) of art. 18 18 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". d) participate in the activity of recruitment, selection and professional training of the probation staff; ... e) contribute to the annual evaluation of the professional performance of the probation staff; ... ------------- Letter e) of art. 18 18 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". f) carry out the legal provisions and other tasks ordered on the hierarchical line, within the limits of legal and regulatory powers. ... + Chapter III Career of probation staff ------------- Title Cap. III has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Section 1 Appointment in office Appointment in office + Article 19 (1) The position of probation counselor shall be handled by competition. ... (2) The conditions of organization and conduct of the contest shall be established by regulation approved by order of the Minister of Justice ... + Article 20 (1) In order to be appointed as probation counselor the person must meet, cumulatively, the following conditions: ... a) have full exercise capacity; ... b) not to have a criminal record, not to have a tax record; ... c) to know the Romanian language, written and spoken; ... d) to be medically and psychologically fit for the exercise of the function, as proven on the basis of specialized medical and psychological testing organized for this purpose; ... e) to enjoy a good reputation; ... f) to be licensed in social assistance, psychology, sociology, pedagogy or law; ... g) to promote the contest organized for the position of the candidate. ... (2) Within 60 days of employment, the person must submit to the specialized department the proof of establishment of residence in Romania. ... + Article 20 ^ 1 ((. The citizen of a Member State of the European Union or of the European Economic Area who has acquired the status of probation counsellor in the Member State of origin or the Member State of origin may apply for recognition of his professional qualification. ... (2) In order to recognize the professional qualification, the applicant will have to take a test to verify the knowledge of the Romanian language and an aptitude test. ... (3) The procedure for testing the knowledge of the Romanian language and the conduct of the aptitude test, as well as the method of distribution on a vacant position shall be established by the regulation approved by order of the Minister of Justice. ... (4) The person who was recognized the professional qualification under the conditions of par. ((1)-(3) will be classified on the professional degree corresponding to the age in the recognized qualification. ... (5) The person provided in par. (4) exercising the profession of probation counselor in Romania has all the rights and obligations provided by law for this profession. ... (6) The provisions of this Article shall be supplemented by provisions Law no. 200/2004 ... on the recognition of diplomas and professional qualifications for regulated professions in Romania, with subsequent amendments and completions. (7) The provisions of this Article shall also apply to citizens of the Swiss Confederation. ... ------------- Article 20 ^ 1 has been introduced by item 11 11 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 21 The conditions of organization and conduct of competitions for appointment to the positions of probation inspector and head of the probation service shall be established by regulation approved by order of the Minister of Justice. ------------- Article 21 has been amended by point 12 12 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Section 2 Finalisation in function Finalisation in function + Article 22 After the internship, the junior probation counselors are required to register for the completion exam in office. + Article 23 The date, place, as well as the topic of the examination of completion in office shall be published on the electronic page of the Ministry of Justice and shall be displayed at the headquarters of the probation services, at least 60 days before the date of its organization. ------------- Article 23 has been amended by section 6.6. 13 13 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 24 (1) The final examination of the junior probation counselor shall consist, on a compulsory basis, in a written test of a theoretical nature and a written test of a practical nature. ... (2) The theoretical test has as its object the testing of knowledge in the field, including: the methodology of the activity of probation and protection of victims, institutions of criminal law and criminal procedure, criminology, institutional development and cooperation institutional, social informatics, mental health and crime, addiction problem, applied sociology and developmental psychology. ... ----------- Alin. ((2) of art. 24 24 has been amended by section 2 2 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. (3) The practical test consists in drawing up a written work of an applicative nature. ... + Article 25 The conditions of organization and conduct of the examination of completion in office are established by regulation approved by order of the Minister of Justice. ------------- Article 25 has been amended by section 6.6. 14 14 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 26 (1) The junior probation counselors who obtained the final average of at least 7, but no less than grade 5 in each of the two samples, are declared admitted. ... (2) The final average shall be calculated as an arithmetic mean between the grades obtained in the two samples. ... + Article 27 (1) The results of the final examination shall be published on the electronic page of the Ministry of Justice and shall be displayed at the headquarters of the probation services, drawing up a report on the date and time of their display. ... (2) Candidates dissatisfied with the results may appeal to the Ministry of Justice, within 48 hours from the display of the results on its electronic page. ... ((3) Appeals shall be settled within 10 working days from their receipt, and the results shall be published on the electronic page of the Ministry of Justice and shall be displayed at the headquarters of the probation services. ... ------------- Article 27 has been amended by section 6.6. 15 15 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 28 (1) The junior probation counselors declared admitted to the completion examination shall be appointed to a post of third-degree probation counselor. ... (2) The unjustified failure of the junior probation counselors to the completion examination in office or their rejection at two sessions draws the release from office. ... ------------- Alin. ((2) of art. 28 28 has been amended by section 16 16 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 29 (1) The Ministry of Justice shall carry out the formalities related to the appointment of junior probation counselors who have been declared admitted to the completion examination in office, within a maximum of 30 days from the date of display of the final results. ... (2) Provisions of para. (1) shall also be applied accordingly in the case of the dismissal of the junior probation counselors in one of the situations referred to in art. 28 28 para. ((2). ... + Section 3 Promotion to professional degrees Promotion to professional degrees + Article 30 The promotion in grades I and II of the staff of the probation services, as well as the promotion to the first degree of probation inspectors shall be done on the basis of examination, in relation to the age in probation, professional competence and with the results obtained in activity, proven on the basis of the annual professional performance evaluation. ------------- Article 30 has been amended by section 6.6. 17 17 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 31 (1) The probation required for the presentation to the promotion exam in professional degrees is the one provided for in art. 8 8 and 17. ... ------------- Alin. ((1) of art. 31 31 has been amended by section 18 18 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (2) The promotion of probation personnel shall be done only in the immediately higher professional degree. ... + Article 32 The date and place of the promotion of the promotion examination, as well as the theme, the documents necessary for the registration, the deadline for their submission shall be published on the electronic page of the Ministry of Justice and shall be displayed at the headquarters of the probation services days before the date of its organization. ------------- Article 32 has been amended by section 4.2. 19 19 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 33 (1) The conditions of organization and conduct of the promotion examination in professional degrees shall be established by regulation approved by order of the Minister of Justice. ... (2) The provisions of art. 29 29 para. ((1) shall apply accordingly. ... ------------- Article 33 has been amended by section 6.6. 20 20 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Section 4 Evaluation of professional performance and medical and psychological testing of personnel from probation services Evaluation of professional performance and medical and psychological testing of probation personnel ------------- Title of Section 4 of the Cap. III has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 35 (1) The assessment of the professional performance of the permanent probation staff shall be made annually. ... ------------ Alin. ((1) of art. 35 35 has been amended by section 3 3 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. (2) The criteria and methodology for the evaluation of professional performance shall be established by regulation, approved by order of the Minister of Justice, at the proposal of the specialized department. ... + Article 36 (1) The probation staff is evaluated every 3 years or whenever the director of the specialized department considers that it is necessary, by means of a psychological testing, in order to verify some aspects, such as: ... ------------- The introductory part of para. ((1) of art. 36 36 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". a) mental mobility; ... b) attitude towards the quality of solutions and decisions; ... c) emotional balance and behavioral self-control, stress resistance and frustration; ... d) the system of attitudes (towards oneself, towards work, towards life, mindsets); ... e) social maturity, social degree; ... f) compliance with rules and norms, the spirit of discipline; ... g) the capacity for cooperation and social networking; ... h) conscientiousness and responsibility; ... i) existence of psychopathological tendencies. ... (2) The probation staff shall perform a periodic medical examination, ordered by the Ministry of Justice. ... ------------- Alin. ((2) of art. 36 36 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (3) The costs of investigations provided in par. (1) and (2) are borne from the budget of the Ministry of Justice ... + Section 5-a Vocational training Vocational training + Article 37 The training of the probation staff has the following main objectives: ------------- The introductory part of art. 37 37 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". a) adapting to the requirements of the ... b) updating the knowledge and skills specific to the job, improving the professional training; ... c) the acquisition of advanced knowledge, of modern methods and procedures, necessary for the realization of professional activities; ... d) promotion and development of professional career. ... + Article 38 (1) The professional training of the personnel of the probation services is carried out by the following forms: ... a) participation in courses organized by the Ministry of Justice or other training courses in the field; ... b) professional internships adapting to the requirements of the post; ... c) internships and specialization; ... d) the supervision process. ... (2) Probation staff shall receive initial training after appointment. ... ------------- Article 38 has been amended by section 6.6. 22 22 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 38 ^ 1 (1) The training of the probation personnel is carried out mainly through the trainers from the probation system, who can collaborate, when appropriate, with other specialists in the field. ... (2) The trainers are persons who operate within the probation system and are designated by the Probation Directorate on the basis of a selection procedure approved by order of the Minister of Justice. ... (3) In order to perform the role of trainer, the designated person will be remunerated by reference to the basic salary established according to the law, in proportion to the number of hours worked as a trainer. ... ------------- Art. 38 ^ 1 was introduced by item 23 23 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 38 ^ 2 (1) Supervision, as a process of initial and continuous internal training of probation personnel, contributes to the improvement and maintenance of professional skills, in order to adapt to the working standards in the field of probation. ... (2) The supervision activity is carried out by probation counselors appointed by order of the Minister of Justice. ... (3) The procedure for the selection of probation counselors who perform supervision activities, as well as the conditions of organization and conduct of supervision activity shall be established by methodology approved by order of the Minister of Justice. ... (4) The activity of the probation counselors exercising supervisory tasks shall be evaluated every 4 years by a special commission established according to the supervision methodology, in order to maintain the quality of the practice supervisor. ... (5) The quality of the practice supervisor can be withdrawn by the Minister of Justice, at the proposal of the Director of the specialized directorate, under the conditions established by the methodology of supervision ... ------------- Art. 38 ^ 2 was introduced by item 23 23 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 38 ^ 3 In the field of vocational training, probation counselors who perform supervision activities shall, in particular, exercise the following tasks: a) initial training and supervision of newly-hired counsellors; ... ------------ Letter a) of art. 38 38 ^ 3 was amended by section 4.2. 4 4 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. b) supervision of probation counselors returning to work after an absence of more than one year; ... ------------ Letter b) of art. 38 38 ^ 3 was amended by section 4.2. 4 4 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. c) supervision of probation counselors who expressly request inclusion in the supervisory process; ... d) supervision of probation counselors who obtain the "weak" or "very weak" rating when assessing the individual professional performance of the probation staff; ... e) the organization of the training activity at the level of the probation service by conducting training courses on different topics, in accordance with the training needs of the staff. ... f) contribution to the annual evaluation of the professional performance of the probation staff that was supervised. ... ------------- Letter f) of art. 38 ^ 3 was introduced by section 4.2. 5 5 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. ------------- Art. 38 ^ 3 was introduced by item 23 23 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 39 (1) The Ministry of Justice, through the specialized direction, develops vocational training programs, in consultation with the service chiefs. ... (2) On the basis of the training programs provided in par. (1), an annual expenditure ceiling is established, which will be borne from the budget of the Ministry of Justice, within the limit of approved budget appropriations. ... (3) If the probation staff are to be included in vocational training programs, at the employer's expense, the Ministry of Justice may request the assumption by the beneficiary of the training program of a written commitment. ... ------------- Alin. ((3) of art. 39 39 has been amended by section 24 24 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (4) By the prior written commitment provided in par. ((3) shall be established, with regard to the costs and duration of the training, the term for which the person undertakes to carry out his activity within the probation system, after the formation. ... ------------- Alin. ((4) of art. 39 39 has been amended by section 24 24 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. ((5) If the person is released from office before the expiry of the deadline set according to par. ((4), on its own initiative or for reasons attributable to it, it shall bear in full the costs of tuition and other costs of participation. ... ------------- Alin. ((5) of art. 39 39 has been amended by section 24 24 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Chapter IV Amendment of employment relationship Amendment of employment relationship + Section 1 Delegation, posting and transfer of personnel from probation services Delegation, posting and transfer of probation staff ------------- Title of Section 1 of the Head. IV has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 40 (1) The delegation of the probation staff shall be ordered for a period of no more than 60 days in a year. ... ------------- Alin. ((1) of art. 40 40 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". ((. The person may refuse to delegate if he is in one of the following situations: ... a) pregnancy; ... b) raises its own child; ... c) the state of health, proven with medical certificate, makes the delegation contraindicated. ... ((3) The delegation over a period of more than 60 days in a year may be ordered only with the written consent of the person. ... (4) During the delegation period, the person shall retain his office and shall enjoy the rights provided by law for the delegated staff of the public institutions of the budgetary sector. ... (5) Probation staff may be delegated to a management position, with its consent. During the delegation period to a leading position, the person shall enjoy all the rights provided by law for the position in which he is delegated. ... ------------- Alin. ((5) of art. 40 40 has been introduced by section 25 25 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 41 (1) The detection of probation counselors shall be ordered in the interest of the service in which it is to carry out its activity, at the proposal of the director of the specialized department, for a period of no more than one year ... ------------- Alin. ((1) of art. 41 41 has been amended by section 26 26 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (2) Detachment may be extended for objective reasons, which require the presence of the person at the service to which the posting was ordered, with its consent, from 6 to 6 months. If there is no agreement of the person, the maximum duration of the posting is one year. ... ------------- Alin. ((2) of art. 41 41 has been amended by section 26 26 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (3) The person may refuse secondment only exceptionally and for thorough personal reasons. ... ------------- Alin. ((4) of art. 41 41 has been repealed by section 6.6. 27 27 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. ------------- Alin. ((5) of art. 41 41 has been repealed by section 6.6. 27 27 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 42 (1) Probation personnel who are seconded or delegated in a locality other than the domicile benefit, for the duration of the delegation or posting, from the following rights: ... ------------- The introductory part of para. ((1) of art. 42 42 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". a) allowance in the amount of 2% of the monthly gross employment allowance, but not less than the amount provided for the staff in the budget units; ... b) the settlement of accommodation expenses in category tourist structures up to 3 stars inclusive. In the event that they do not benefit from accommodation under these conditions, the staff is entitled to an amount equal to 0.5% of the monthly gross employment allowance for each night, for the duration of the delegation or posting to another locality; ... c) the settlement of air, naval, auto or railway transport class I, including class I sleeping wagon, as the case may be. If the trip is made by car, it benefits from the settlement of the value of 7.5 liters of fuel per hundred kilometers. These rights are not paid if the trip is made by the car belonging to the institution. ... (2) The provisions of this Article shall be completed, as the case may be, with the regulations applicable to the personnel ... + Article 43 (1) The transfer of the personnel from the probation services between the probation services is approved, at his request, by the Minister of Justice, with the opinion of the Director of the Probation Directorate and the heads of the probation services involved. ... ((2) The transfer shall be made in a function equivalent to the function held. ... (3) By exception to the provisions of par. (2), the probation inspector may be transferred, upon request, to the position of probation counselor, in compliance with the provisions of par. ((1). ... (4) The probation inspector transferred to a position of probation counselor will be assigned to the degree of probation counselor corresponding to the age in probation. ... ------------- Article 43 has been amended by section 43. 28 28 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 44 (1) The delegation, posting and transfer shall be ordered by order of the Minister of Justice. The termination of delegation and posting is ordered by order of the Minister of Justice. ... ------------ Alin. ((1) of art. 44 44 has been amended by section 6 6 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. (2) The conditions and procedure of delegation, posting and transfer shall be established by regulation approved by order of the Minister of Justice. ... ------------ Article 44 has been amended by section 44. 29 29 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Section 2 Suspension and dismissal of staff from probation services Suspension of employment relationships and dismissal of probation staff ------------- Title of Section 2 of the Cap. IV has been amended by section 4.2 30 30 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 45 (1) The suspension of employment relationships of probation staff may intervene by law, by agreement of the parties or by the unilateral act of the employer or employee, under the law. ... ------------- Alin. ((1) of art. 45 45 has been amended by section 31 31 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (2) The suspension of employment relationships has the effect of suspending the performance of work by the probation staff and the payment of salary rights. ... ------------- Alin. ((2) of art. 45 45 has been amended by section 31 31 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. ------------- Alin. ((3) of art. 45 45 has been repealed by section 6.6. 32 32 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 48 (1) The suspension from office may be ordered on the initiative of the Minister of Justice in the following situations: ... a) during the prior disciplinary research, carried out according to art. 75 75 para. ((2)-(5); ... b) as disciplinary sanction; ... c) the person suffers from a mental illness that prevents him from exercising his function properly. ... (2) If prior disciplinary research is found that the person has not committed disciplinary misconduct, no disciplinary sanction is applied, the suspension from office ceases, and the person will be reinstated in all the rights previously, paying him the money rights he was deprived of. ... (3) The suspension from office is ordered by order of the Minister of Justice. ... (4) During the period of suspension from office the salary rights are not paid. This period does not constitute seniority in its position. ... (5) In the case provided in par. ((1) lit. c), mental illness is found through a specialized expertise ordered by the Minister of Justice, upon referral to the Director of the specialized directorate. The suspension from office is ordered during the period recommended by the specialized medical commission, appointed by joint order of the Minister of Justice and the Minister of Health. ... (6) After the expiry of the suspension period, the Minister of Justice, on the basis of a new expertise, may decide to terminate the suspension and reinstate the person, to extend it or, if the disease is irreversible, to be released from office according to art. 52 52 para. ((1) lit. g). ... + Article 50 (1) The suspension of employment relations and the resumption of activity shall be ordered or found by order of the Minister of Justice who shall be communicated to the person within 5 working days from the date of issue. ... (. During the period of suspension the post shall be kept ... ------------- Article 50 has been amended by section 6.6. 36 36 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 52 (1) Probation staff shall be relieved of their duties in the following cases: ... ------------- The introductory part of para. ((1) of art. 52 52 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". a) resignation; ... b) retirement, under the law; ... c) failure to fulfil any of the conditions laid down for appointment; ... d) final conviction for committing a crime; ... e) non-justified failure of the junior probation counselors to the final examination, at the first session after the end of the internship or their rejection at two sessions; ... f) proven professional incapacity based on the annual evaluation of individual professional performances; ... ------------- Letter f) a par. ((1) of art. 52 52 has been amended by section 4.2 38 38 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. g) the state of physical and/or mental health of the person, established by decision of the competent bodies of medical expertise, no longer allows him to perform his duties corresponding to the position held; ... h) as disciplinary sanction. ... (2) The cases of release from office provided in par. ((1) lit. c)-h) are reasons attributable to the person, drawing the consequences provided by law. ... + Article 53 (1) The person may apply for dismissal by resignation. ... (2) The person has the right not to motivate the resignation. ... (3) The term of notice is 15 working days for probation counselors, respectively 30 working days for the heads of services and probation inspectors from the specialized direction. ... + Article 54 (1) The release from office shall be ordered by order of the Minister of Justice, which shall take effect from the date set out therein. ... (2) The order of the Minister of Justice for dismissal shall be communicated to the person concerned and must contain, on a mandatory basis, the reasons for the dismissal and, as the case may be, the duration of the notice. ... ------------- Alin. ((2) of art. 54 54 has been amended by section 39 39 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (3) Against the order of release from office you can appeal to the competent court, according to the law. ... ------------- Alin. ((3) of art. 54 54 has been amended by section 39 39 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Chapter V Rights and duties of probation staff. Incompatibilities and prohibitions ------------- Title Cap. V has been modified by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Section 1 Rights of staff in probation services Rights of probation staff ------------- Title of Section 1 of the Head. V has been modified by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 55 Probation staff and probation inspectors have the rights and obligations provided by this law. ------------- Article 55 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 56 Definitive probation counselors and probation inspectors enjoy stability. + Article 57 For the work done, the probation staff has the right to salary, which consists of the basic salary, bonuses and allowances, as well as from prizes or premiums, the amounts of which are established by special law. ------------- Article 57 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 57 ^ 1 (1) Probation staff shall be entitled to sick leave and other leave, in accordance with the legislation in force. ... (2) The probation staff shall be entitled to paid leave of 10 working days for the examination of completion or promotion to professional degrees. ... ------------- Art. 57 ^ 1 was introduced by item 40 40 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 57 ^ 2 (1) Probation staff are entitled to the assignment of a service dwelling if, in the locality where they operate, it, their spouse or children in their maintenance do not benefit from the home personal property or have not been assigned the dwelling by the local public administration authorities. ... (2) They have the right to the service dwelling and those delegated, posted or transferred to a locality other than their domicile, if they, their spouse or children in their maintenance do not have a dwelling in the locality where they are delegated, seconded or transferred. In this case, the delegated or seconded staff no longer benefit from the right provided for in 42 42 para. ((1) lit. b). ... (3) Probation staff, including the dependent spouse or children, who has alienated a personal property home after the date of appointment in the locality where he requests the right provided in par. ((1), shall no longer benefit from this right. ... (4) Service housing may not be sold to probation staff. ... ------------- Art. 57 ^ 2 was introduced by item 40 40 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 58 Probation staff are free to associate or join trade union organizations, as well as to local, national or international professional organizations, in order to defend their professional, social or economic interests. ------------- Article 58 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 59 (1) The staff of probation is recognized the right to strike, under the law, in compliance with the principles of continuity and speed of justice activity. ... ------------- Alin. ((1) of art. 59 59 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (2) During the strike the essential services will be provided, not less than one third of the normal activity, ensuring the participation of the service in the court hearings to which it was quoted, the term preparation of the evaluation references for defendants, as well as solving other tasks considered urgent, according to the law, or appreciated as such by judicial bodies. ... + Article 60 Probation staff must be provided with normal working and hygiene conditions, likely to ensure their health and physical and mental integrity. ------------- Article 60 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 61 The probation staff in office receive support in the exercise of their duties, under the conditions established by the protocol between the Ministry of Administration and Interior and the Ministry of Justice. ------------- Article 61 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 62 (1) For special merits in activity the staff of the services and inspectors may be distinguished with the Diploma Merit judicial classes I-III. ... (2) The modality of the proposal and the concrete conditions for granting the Diplomas The judicial merit grades I-III are established by order of the Minister of Justice ... ((3) Provisions of para. ((1) and (2) shall enter into force within 90 days of the publication of the law in the Official Gazette of Romania, Part I. ... + Section 2 Duties of staff in probation services Duties of probation staff ------------- Title of Section 2 of the Cap. V has been modified by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 63 The probation staff of the probation services and inspectors shall, principally, be bound by the following obligations: a) to carry out the duties assigned to them according to the job description, to show spirit of initiative and creativity in the exercise of office, within the limits of the law; ... b) respect the discipline of work; ... c) comply with the legal and regulatory provisions; ... d) respect the incompatibilities and prohibitions provided by law; ... e) comply with the legal provisions given by the superior hierarchical chiefs; ... f) to inform the superior hierarchical head and the other competent authorities of the crimes they have become aware of in the exercise of their duties or in connection with the service, in particular with regard to corruption; ... g) to permanently improve their professional training, both from a theoretical and practical point of view; ... h) to hand over the works entrusted in the case of suspension or termination of service relations. ... + Article 64 The probation staff is obliged to perform with professionalism, correctness and conscientiously the duties of service and to refrain from any act that could harm the institution in which they operate. ------------- Article 64 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 65 The probation staff shall respond, according to the law, to the appropriate performance and to the established deadlines of their duties. ------------- Article 65 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 66 (1) Probation staff are required to keep the confidentiality of the data held in the exercise of the function. ... ------------- Alin. ((1) of art. 66 66 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (2) It is exempted from the provisions of par. (1) data provided to judicial bodies in the criminal proceedings. ... + Article 67 Probation staff is obliged to refrain from any acts or acts likely to compromise his dignity in office and in society. ------------- Article 67 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 68 The probation staff has the obligation to comply with the provisions contained in the deontological code and in the Internal Order Regulation of probation services. ------------- Article 68 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Section 3 Incompatibilities and prohibitions Incompatibilities and prohibitions + Article 69 (1) The staff of probation shall be prohibited: ... a) have the status of a natural person trader; ... b) be a member of the management, administration or control bodies of civil societies, companies, including banks or other credit institutions, insurance or financial companies, national companies, national companies or autonomous kings; ... c) be a member of a group of economic interest. ... (2) By exception to the provisions of par. ((1) lit. b), the probation staff may have the membership in the governing bodies, administration or control at professional civil societies constituted according to the law. ... ------------ Alin. ((2) of art. 69 69 has been introduced by section 7 7 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. ------------ Article 69 has been amended by section 6.6. 41 41 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 70 (1) Probation staff may participate in the elaboration of publications, articles, specialized studies, literary or scientific works, on audiovisual broadcasts, except for those of a political nature, as well as on the development of national and international cooperation in the field. ... ------------- Alin. ((1) of art. 70 70 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (2) The probation staff may participate in the preparation of draft normative acts and institutional development strategies, with the agreement of the director of the specialized directorate. ... ------------- Alin. ((2) of art. 70 70 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (3) Probation counselors, heads of services or probate inspectors may be members of scientific or academic societies. They may be members of any legal persons of private law without patrimonial purpose, apart from those acting in the field of probation and protection of victims. ... (4) For the activities referred to in par. ((2), the probation staff may not be remunerated additionally. ... ------------- Alin. ((4) of art. 70 70 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (5) Probation staff may occupy functions or perform activities in the field of teaching, scientific research and literary-artistic creation. ... ------------- Alin. ((5) of art. 70 70 has been amended by section 42 42 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (6) Probation staff may occupy functions or perform activities in other fields, in the specialty of the bachelor's degree provided in art. 20 20 para. ((1) lit. f), which are not in relation to the duties exercised as probation personnel from the job description. ... ------------- Alin. ((6) of art. 70 70 has been introduced by section 43 43 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (7) The probation staff shall be obliged to notify the Directorate of Probation about the filling of functions by cumulation or on the performance of some activities, under the conditions of par. ((5) and (6), in order to verify compliance with the provisions on incompatibilities and prohibitions. ... ------------- Alin. ((7) of art. 70 70 has been introduced by section 43 43 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 71 (1) The probation counselor or head of service, who is a spouse or relative up to the fourth degree including the person in the service record or the victim of the crime, will not be able to exercise any of the duties specific to the function in connection with that person. ... (2) The probation inspector who is a spouse or relative up to the fourth degree including the probation counselor or the head of the service will not be able to exercise any of the duties specific to the position in relation to that person. ... (2 ^ 1) The probation inspector who participated in carrying out an inspection in a probation service will not be able to be part of the disciplinary misconduct research committee constituted to investigate facts found on the occasion of the conduct. that inspection. ------------- Alin. (2 ^ 1) of art. 71 71 has been introduced by section 44 44 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (3) The person in one of the situations referred to in par. ((1), (2) or (2 ^ 1) is obliged to notify in writing about it the superior hierarchical head, within a maximum of 3 working days from the date of becoming aware of the existence of the incompatibility situation. ... ------------- Alin. ((3) of art. 71 71 has been amended by section 45 45 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. (4) In the case provided in par. (3), the superior hierarchical head will take urgent measures to designate another responsible person. ... + Article 71 ^ 1 (. Probation staff shall be in conflict of interest if they are in one of the following situations: ... a) is called to solve requests, to make decisions or to participate in decision-making on persons in evidence of the probation service with whom it has relations with patrimonial character; ... b) its patrimonial interests, of the spouse, of his or her relatives or of his affins up to the fourth degree inclusive may influence the decisions he must take in the exercise of office. ... (2) The provisions of art. 71 71 para. ((3) and (4) shall apply accordingly. ... ------------- Art. 71 ^ 1 was introduced by item 1. 46 46 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Chapter VI Disciplinary liability Disciplinary liability + Article 72 (1) Probation staff shall be subject to disciplinary action in the event of deviations from the duties of the service, as well as in the event of the manifestation of a behavior that damages the interest of the service and ... ------------- Alin. ((1) of art. 72 72 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". (2) Disciplinary action is an act in relation to work and which consists of an action or inaction committed with guilt, whereby the probation counselor, the head of the service or the probation inspector violated the legal norms, the regulation internal, code of ethics or legal provisions of hierarchical leaders. ... + Article 73 Are disciplinary violations the following facts: a) the unmotivated absences from the service; ... b) repeated non-compliance with the work programme; ... c) systematic delay in carrying out works; ... d) repeated negligence in solving the works; ... e) inappropriate behavior during the performance of duties; ... f) the manifestations affecting the honour and the professional probity; ... g) non-compliance with the legislation in force regarding the probation activity; ... h) violation of the legal provisions regarding the duties, prohibitions and incompatibilities provided by this law; ... i) unjustified refusal to fulfill the legal provisions of the superior hierarchical chief; ... j) interference in the activity of another probation counselor, head of service or probation inspector, contrary to legal regulations and practice in the field; ... k) non-compliance with the confidentiality of the data held by virtue of ... + Article 74 (1) The disciplinary sanctions that apply in relation to the gravity of the deviations are: ... a) written warning; ... b) the reduction of the basic salary by 5-15% for a period of one month to 3 months; ... c) suspension of the right of promotion in professional ranks for a period of one year to 3 years; ... d) suspension from office for a maximum of 6 months; ... e) the transition to a lower professional degree for a period of up to one year, with the corresponding reduction of salary; ... ------------- Letter f) a par. ((1) of art. 74 74 has been repealed by section 6.6. 47 47 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. g) release from office. ... (2) For the same disciplinary misconduct a single penalty may be applied. ... (3) The individualization of disciplinary sanction will take into account the causes and gravity of the disciplinary misconduct committed, considering the circumstances in which it was committed, the degree of guilt of the person and the consequences of the deviation, general conduct in service, as well as possible disciplinary sanctions suffered previously. ... ------------- Alin. ((4) of art. 74 74 has been repealed by section 6.6. 48 48 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 75 (1) The disciplinary sanction provided for in art. 74 74 para. ((1) lit. a) can be applied directly by the head of service, for probation counselors, or the director of the specialist directorate, for probation counselors, for service chiefs and probation inspectors, within 30 days. calendar from the date of becoming aware of the disciplinary misconduct, but no later than one year after the date of the act. If, in relation to the seriousness of the act appreciated as misconduct, the head of the probation service or, as the case may be, the director of the specialist directorate considers that it is necessary to apply another disciplinary sanction, within 30 days from the date The disciplinary misconduct shall refer to the specialized direction or, as the case may be, the Minister of Justice, in order to establish the discipline commission. ... ----------- Alin. ((1) of art. 75 75 has been amended by section 8 8 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. (2) The disciplinary sanctions provided for in art. 74 74 para. ((1) lit. b)-e) and g) apply to the Minister of Justice, on the proposal of the discipline commission. The discipline commissions are constituted, by order of the Minister of Justice, from representatives of the specialized department. If the disciplinary investigation procedure takes place against a probation inspector, a representative of the Human Resources Directorate of the Ministry of Justice is also part of the commission. ... ---------- Alin. ((2) of art. 75 75 has been amended by section 8 8 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. (3) The way of carrying out the activity of the discipline commission is established by regulation approved by order of the Minister of Justice ... (4) The disciplinary sanctions provided for in art. 74 74 para. ((1) lit. b)-e) and g) can only be applied after the prior investigation of the act committed. ... ---------- Alin. ((4) of art. 75 75 has been amended by section 8 8 of art. unique from LAW no. 224 224 of 29 November 2011 published in MONITORUL OFFICIAL no. 858 858 of 6 December 2011. (5) The person subject to prior disciplinary research shall be convened in writing before the discipline committee, for the hearing, stating the object, date, time and place of the meeting. The hearing must be recorded in writing or recorded audio, under penalty of nullity. ... (6) In the framework of the research, the facts and their consequences will be established, the circumstances in which the guilt was committed, the existence or non-existence of guilt, as well as any other conclusive data. ... (7) In the course of prior disciplinary research, the investigated person has the right to formulate and support all defences in his favor, bringing all the evidence he considers necessary. She has the right to know all the research papers. ... (8) The refusal of the person investigated to collaborate in the conduct of prior disciplinary research is found by the minutes and does not prevent its completion. ... (9) Prior disciplinary research is completed by the proposal of the commission addressed to the Minister of Justice on the application or non-application of a disciplinary sanction, considering the criteria provided in art. 74 74 para. ((3). ... (10) On the proposal of the discipline commission, the Minister of Justice shall apply, by order, one of the disciplinary sanctions provided for in 74 74 para. (1), within 30 calendar days from the date of registration of the proposal, but no later than one year after the date of the act. ... ------------- Article 75 has been amended by section 6.6. 49 49 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 76 (1) The order or decision by which the disciplinary sanction has been applied shall be communicated to the sanctioned person within 5 days from the date of issue. ... (2) Against disciplinary sanction applied according to the provisions of art. 75 75 para. (1) the person concerned may appeal to the director of the specialist directorate or, if the sanction has been applied by the director of the Probation Directorate, to the Minister of Justice, within 30 days of the communication of the decision by which applied the sanction. The resolution of the appeal shall be made within 30 days of its submission. ... (3) The order or sanction decision shall be attached to the employee's professional file. ... (4) The person dissatisfied with the sanction applied may appeal to the competent court, according to the law. ... ------------- Article 76 has been amended by section 6.6. 50 50 of art. I of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 613 of 30 August 2010. + Article 77 Disciplinary liability does not exclude the civil, criminal or administrative liability of the person for the act committed. + Chapter VII Final provisions Final provisions + Article 78 The provisions of this law are supplemented by the regulations of labor law and civil law, in so far as they are not incompatible with the specifics of the employment relationships provided by this law. + Article 79 (1) On the date of entry into force of this law the name "protection services of victims and social reintegration of criminals", contained in the normative acts in force, is replaced by the name "probation services". ... (2) On the date of entry into force of this law the name "Direction of protection of victims and social reintegration of criminals", contained in the normative acts in force, is replaced by the name "Direction of probation". ... + Article 80 Staff who, on the date of entry into force of this law, are assigned to the functions of victim protection and social reintegration adviser of offenders, head of service and inspector of victim protection and social reintegration of the offenders shall be deemed to fulfil the legal conditions for the occupation of the functions in which they + Article 81 Pending the adoption of the law on salarization of probation personnel, the provisions remain applicable Law no. 50/1996 on the salary and other rights of the staff in the bodies of the judicial authority, republished, with subsequent amendments and completions. ------------- Article 81 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 82 Within 90 days from the publication of this law, the special protection measures that may benefit the probation staff, the conditions and the way of achieving them shall be established by decision of the Government. ------------- Article 82 has been amended by art. IV of ORDINANCE no. 26 26 of 25 August 2010 , published in MONITORUL OFFICIAL no. 613 of 30 August 2010, by replacing the expression "staff from probation services" with the expression "probation staff". + Article 83 On the date of entry into force of this Law, the art. 7 and 8 of Government Ordinance no. 92/2000 on the organization and functioning of social reintegration services of criminals and supervision of the execution of non-custodial sanctions, approved with amendments and completions by Law no. 129/2002 , published in the Official Gazette of Romania, Part I, no. 423 of 1 September 2000, as amended. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 4, 2006. No. 123. ----
