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Law No. 356 Of 21 July 2006 On Modification And Completion Of The Code Of Criminal Procedure, And To Change Other Laws

Original Language Title:  LEGE nr. 356 din 21 iulie 2006 pentru modificarea şi completarea Codului de procedură penală, precum şi pentru modificarea altor legi

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LEGE no. 356 356 of 21 July 2006 to amend and supplement the Code of Criminal Procedure, as well as to amend other laws
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 677 677 of 7 August 2006



The Romanian Parliament adopts this law + Article I Code of criminal procedure, republished in the Official Gazette of Romania, Part I, no. 78 of 30 April 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 10, point g) of paragraph 1 shall read as follows: "g) intervened amnesty, prescription or death of the perpetrator or, as the case may be, deregistration of the legal person when he has the status of a perpetrator;". 2. In Article 11, letter c) of paragraph 1 shall read as follows: " c) termination of criminal proceedings, in the cases provided for in Article 10 lit. f)-h), i ^ 1) and j), when there is accused or defendant in question. " 3. In Article 13, paragraph 3 shall read as follows: " If no of the cases provided for in art. 10 10 para. 1 lit. a)-e), the prosecutor orders the termination of the prosecution, unless provided in art. 10 10 para. 1 lit. i), and the court rules the termination of the criminal proceedings. " 4. In Article 21, paragraph 2 shall read as follows: "If one of the parties is a legal person, in the event of its reorganization the successors shall be introduced in the case of the successors in rights, and in the event of dissolution or dissolution the liquidators shall be introduced." 5. Article 26 (b) of point 1 shall be repealed. 6. in Article 27, points a) and b) of paragraph 1 shall read as follows: " a) the offences provided by the Criminal Code in art. 174-177 174-177, art. 179 179, art. 189 189 para. 3-5 3-5, art. 197 197 para. 3 3, art. 211 211 para. 3 3, art. 212 212 para. 3 3, art. 215 215 para. 5 5, art. 254 254, art. 255 255, art. 257 257, art. 266-270 266-270, art. 279 ^ 1, art. 312 312 and art. 317, as well as the smuggling offence, if it had as its object weapons, ammunition or explosive or radioactive materials; b) crimes committed with intent, which had as a result the death or suicide of the victim; ". 7. Article 27 (c) of point (1) shall be repealed. 8. In Article 27, points 2 and 3 shall read as follows: " 2. as a court of appeal, judge appeals against criminal decisions rendered by judges in the first instance; 3. as a court of appeal, it judges appeals against criminal decisions rendered by judges in the specific cases provided by law; ". 9. In Article 28, letter a) of paragraph 1 shall read as follows: " a) the offences referred to in Article 27 27 section 1 lit. a)-e ^ 1), committed in connection with the duties of service, the military to the rank of colonel inclusive; ". 10. In Article 28, points 2 and 3 shall read as follows: " 2. as a court of appeal, judges appeals against judgments handed down in the first instance by military courts, except for crimes against military order and discipline, sanctioned by law with the prison sentence of no more than 2 years; 3. as a court of appeal, judges appeals against decisions rendered by military courts in the case of crimes against military order and discipline, sanctioned by law with prison sentence of no more than 2 years, as well as in other cases namely provided by law; ". 11. In Article 28 ^ 1, letter a) of paragraph 1 shall read as follows: " a) the offences provided by the Criminal Code in art. 155-173 and the offences regarding the national security of Romania provided for in special laws; ". 12. In Article 28 ^ 1, after letter a) of paragraph 1, a new letter, letter a ^ 1) is inserted, with the following contents: " a ^ 1) the crimes provided by the Criminal Code in art. 253 ^ 1, art. 273-276 when a railway catastrophe and art. 356-361 356-361; '. 13. In Article 28 ^ 1, letter b) of paragraph 1 shall read as follows: "b) the offences committed by judges from judges and tribunals and prosecutors from the prosecutor's offices operating in addition to these courts, as well as by the financial controllers of the Court of Auditors;". 14. Article 28 ^ 1, point c) of paragraph 1 shall be repealed. 15. In Article 29, letter c) of paragraph 1 shall read as follows: "c) the crimes committed by the judges of the Constitutional Court, the members of the Court of Auditors, the President of the Legislative Council and the Ombudsman;". 16. In Article 29, paragraph 1, after letter e), a new letter is inserted, letter e ^ 1), with the following contents: "e ^ 1) the crimes committed by the members of the Superior Council of Magistracy;". 17. In Article 35, paragraphs 2, 3, 4 and 5 shall read as follows: " If one of the courts is civil and another military, the jurisdiction lies with the civil court. If the military court is superior to the degree, the jurisdiction lies with the civil court equivalent to the military court. The competence to judge the reunited cases remains the court's acquiree, even if for the act or for the perpetrator who determined the competence of this court was ordered the discontinuation or termination of the criminal trial or the acquittal was pronounced. Concealment, favoring the offender and not denouncing some crimes are within the jurisdiction of the court that judges the crime to which they relate, and if competence after the quality of persons belongs to courts of different degree, the competence to judge all the cases brought together by the higher court. " 18. In Article 36, paragraph 2 shall read as follows: " In the case provided in art. 35 35 para. 3, the reunion of the cases shall be decided by the military court, which shall send the file to the civil court to which the jurisdiction 19. In Article 45, paragraph 1 ^ 1 shall read as follows: " The provisions of art. 35 35 para. 4 4 does not apply in the prosecution phase. " 20. Article 46 shall read as follows: "" Art. 46. --Rudenia between Judges Judges who are spouses, relatives or afini between them, up to the fourth degree inclusive, cannot be part of the same court. " 21. In Article 47, paragraph 1 shall read as follows: "" Art. 47 The judge who took part in the resolution of a case may no longer participate in the trial of the same case in a remedy or at the trial of the case after the abolition of the judgment with reference on appeal or after the casing with reference on appeal. ' 22. In Article 48, letter a) shall read as follows: " a) set in motion the criminal action or ordered the prosecution or put conclusions as prosecutor at the court, resolved the proposal for preventive arrest or extension of preventive arrest during the prosecution. criminal; '. 23. In Article 48, after letter d), five new letters are inserted, the letters e)-i), with the following contents: " e) the husband, relative or affin or, up to the fourth degree inclusive, carried out acts of prosecution, supervised the prosecution, resolved the proposal for preventive arrest or extension of preventive arrest, in the course of criminal prosecution; f) is a spouse, relative or affin, up to the fourth degree inclusive, with one of the parties or with the lawyer or her trustee; g) there is enmity between him, his husband or one of his relatives up to the fourth degree inclusive and one of the parties, the spouse or her relatives up to the third degree inclusive; h) is a guardian or curator of one of the parties; i) has received liberalities from one of the parties, his lawyer or his trustee. " 24. In Article 48, after paragraph 1, a new paragraph 2 is inserted, with the following contents: "The judge is incompatible with participating in the trial of a case in the remedies, when the husband, relative or affin or up to the fourth degree included, as a judge or prosecutor, at the trial of the same case." 25. In Article 49, paragraphs 2 and 4 shall read as follows: " The provisions on the cases of incompatibility provided in art. 48 48 para. 1 lit. b)-i) and para. 2 applies to the prosecutor, the person carrying out the criminal investigation, the assistant magistrate and the hearing clerk. .......................................................................... The person who carried out the prosecution is incompatible with the restoration of it, when the restoration is ordered by the court. " 26. In Article 51, paragraph 2 shall read as follows: " The recusal is made orally or in writing, with the showing for each person in part of the case of incompatibility invoked and of all the grounds of fact known at the time of the recusal. The request for recusal may only concern those judges who compose the panel. " 27. In Article 51, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " Failure to comply with the conditions 2 2 or the recusal of the same person for the same case of incompatibility and for reasons of fact known at the time of the formulation of a previous request for recusal that has been rejected draws the inadmissibility of the request for recusal, which is found by the plot before which the recusal was formulated, with the participation of the recused judge. The panel before which the recusal was made, with the participation of the recused judge, shall rule on preventive measures. " 28. In Article 52, paragraphs 5 and 5 ^ 1 shall read as follows: " When for the settlement of abstention or recusal, the following paragraph cannot be made up. 1, abstention or recusal shall be settled by the superior hierarchical court. If it finds grounds for abstaining or recusal and, because of abstention or recusal, it cannot be made up the court panel at the competent court to settle the case, the superior hierarchical court designates for the trial of the case a the court equal to the court before which the abstention or recusal has been formulated. It is inadmissible to recuse the judge called to decide on the recusal. " 29. In Article 55, paragraphs 1 and 2 shall read as follows: "" Art. 55 The High Court of Cassation and Justice displaced the adjudication of a case from the competent court to another court equal to the degree, if the impartiality of the judges could be stirred due to the circumstances of the case, to the local foes or the quality of the parties, when there is a danger of disorder of public order or when one of the parties has a relative or an afin up to the fourth degree including among judges or prosecutors, judicial assistants or court clerks. In the course of judgment the displacement may be requested by the interested party, the prosecutor or the minister of justice. " 30. In Article 56, paragraph 3 shall read as follows: "The suspension of the trial of the case may be ordered only by the court panel vested with the adjudication of the request for resettlement." 31. Article 56 (4) shall be repealed. 32. In Article 59, paragraph 1 shall read as follows: "" Art. 59 The examination of the request for resettlement shall be made in public session. 33. In Article 60, paragraph 1 shall read as follows: "" Art. 60 The High Court of Cassation and Justice shall order, by reasoned conclusion, to admit or reject the application. " 34. In Article 60, after paragraph 4, a new paragraph 5 is inserted, with the following contents: "The conclusion by which the High Court of Cassation and Justice has on displacement is not subject to any appeal." 35. After Article 61, a new article is inserted, Article 61 ^ 1, with the following contents: "" Art. 61 61 ^ 1. -Appointment of another court to judge the case The prosecutor who conducts or supervises the prosecution may ask the High Court of Cassation and Justice to designate an instance equal to that which would return her jurisdiction to judge the case in the first instance, to be referred to in the case which will be issued to the indictment. Art. 55 55 para. 1 1, art. 56 56 para. 1 1 and 2 and art. 61 61 shall apply accordingly. The High Court of Cassation and Justice resolves the request in the council chamber, within 15 days. The High Court of Cassation and Justice has, by reasoned conclusion, either the rejection of the application or the admission of the application and the appointment of an equal court to the degree with which it would return its jurisdiction to judge the case in the first instance, to be referred to the case in which the indictment will be issued. The conclusion by which the High Court of Cassation and Justice shall settle the application shall not be subject to any appeal. ' 36. In Article 68, a new article is inserted, Article 68 ^ 1, with the following contents: "" Art. 68 68 ^ 1. --thorough clues There are strong indications when from the existing data in question it follows the reasonable assumption that the person against whom prior acts or acts of prosecution are carried out has committed the act. " 37. In Article 70, paragraphs 1 and 2 shall read as follows: "" Art. 70 The accused or the defendant, before being heard, is asked about the name, surname, nickname, date and place of birth, parents ' name and surname, citizenship, studies, military situation, job, occupation, address to which he lives. effective, criminal history and other data for the establishment of his personal situation. The accused or defendant is then brought to the attention of the act forming the object of the case, its legal framing, the right to have a defender, as well as the right not to make any statement, while drawing attention to him as what declare it can also be used against it. If the accused or the defendant gives a statement, he is considered to declare everything he knows about the act and the accusation against him. " 38. In Article 70, after paragraph 3, a new paragraph 4 is inserted, with the following contents: "The accused or defendant is notified and the obligation to notify in writing, within 3 days, any change of the home during the criminal proceedings." 39. In Article 71, a new article is inserted, Article 71 ^ 1, with the following contents: "" Art. 71 71 ^ 1. -Conditions of listening to the accused or defendant If, during the hearing of the accused or the defendant, he accuses the symptoms of a disease that could put his life at risk, listening is interrupted, and the judicial body takes measures for him to be consulted by a doctor. Listening is resumed as soon as the doctor decides that the life of the accused or defendant is not in danger. " 40. In Article 72, after paragraph 1, a new paragraph 2 is inserted, with the following contents: " During the judgment the provisions of art. 323 323 para. 2 2 and 3 shall apply accordingly. ' 41. After Article 77 a new article is inserted, Article 77 ^ 1, with the following contents: "" Art. 77 77 ^ 1. -Special ways of listening to the injured party and the civil party If the life, bodily integrity or freedom of the injured party or of the civil party or its close relatives may be endangered, the prosecutor or, as the case may be, the court may consent that it be heard without be physically present at the place where the body carrying out the prosecution is located or, where appropriate, in the place where the hearing is held, by means of the technical means provided for in the following paragraphs. At the request of the judicial body or the injured party or the civil party heard under the conditions provided in par. 1, a victim protection adviser and social reintegration of offenders, who has the obligation to keep professional secrecy with regard to the data he became aware of during the hearing, may participate in the declaration. The judicial body has the obligation to inform the injured party or the civil party the right to request the hearing in the presence of a victim protection adviser and social reintegration of offenders. The injured party or the civil party can be heard via a video and audio network. In the course of the judgment, the parties and their defenders may address questions, directly, to the injured party or to the civil party heard under the conditions of par. 1-3. The questions are put in the order provided in art. 323 323 para. 2. The President of the Panel rejects the questions that are not useful and conclusive to the judgment of the case. The statement of the injured party or the civil party, heard in the conditions shown in paragraph 1-3, is recorded by video and audio technical means and plays in full in written form, being signed by the judicial body, the injured party or the civil party heard, as well as by the victim protection adviser and social reintegration of offenders present at its hearing, submitting to the case file. The support on which the declaration of the injured party or the civil party was recorded, in original, sealed with the seal of the prosecutor's office or, as the case may be, of the court, shall be kept at their headquarters. Art. 75 75-77 and art. 86 86 ^ 5 shall apply accordingly. ' 42. In Article 86 ^ 2, paragraphs 1 and 2 shall read as follows: "" Art. 86 86 ^ 2 In the situations provided in art. 86 ^ 1, the prosecutor or, as the case may be, the court may approve that the witness be heard without being physically present at the place where the prosecuting body is located or in the room where the court hearing is held, by means of means technical provisions in the following paragraphs. At the request of the judicial body or the witness heard under the conditions of par. 1, a victim protection adviser and social reintegration of offenders, who has the obligation to keep professional secrecy with regard to the data he became aware of during the hearing, may participate in the declaration. The judicial body has the obligation to inform the witness of the right to request the hearing in the presence of a victim protection adviser and social reintegration of criminals. " 43. In Article 86 ^ 2, after paragraph 3, a new paragraph 3 ^ 1 is inserted, with the following contents: " In the case of judgment, the parties and their defenders may address questions, directly, to the witness heard under the conditions of par. 1-3. The questions are put in the order provided in art. 323 323 para. 2. The President of the Panel shall reject the questions that are not useful and conclusive to the trial or may lead to the identification of the witness. " 44. In Article 86 ^ 2, paragraphs 4 and 7 shall read as follows: " The statement of the witness heard, under the conditions shown in par. 1-3 ^ 1, is recorded by video and audio technical means and plays in full in written form. .......................................................................... The support on which the witness statement was recorded, in original, sealed with the seal of the prosecutor's office or, as the case may be, of the court before which the declaration was made, shall be kept under the conditions provided in par. 5. The port containing the records made in the course of the prosecution will be submitted at the end of the prosecution of the competent court, together with the case file, and will be kept under the same conditions. 45. Article 86 ^ 3 shall be repealed. 46. in Article 91, letter a) of paragraph 1 shall read as follows: "" a) the date and place where it is concluded, the time at which the end of the process has begun and the time at which the end of the process has ended; " 47. Article 91 ^ 1 shall read as follows: "" Art. 91 91 ^ 1. -Conditions and cases of interception and recording of calls or communications made by telephone or by any electronic means of communication Interception and recording of calls or communications made by telephone or by any electronic means of communication shall be carried out with the reasoned authorization of the judge, at the request of the prosecutor who performs or oversees the pursuit criminal, under the conditions provided by law, if there are data or thorough indications regarding the preparation or commission of a crime for which the prosecution is carried out ex officio, and the interception and registration are required to establish the situation in fact, either because the identification or location of the participants cannot be done by other means or research would be greatly delayed. Interception and recording of calls or communications made by telephone or by any electronic means of communication may be authorized in the case of crimes against national security provided by the Criminal Code and other special laws, as well as in the case of traffic offences of narcotics, arms trafficking, human trafficking, acts of terrorism, money laundering, counterfeiting of coins or other values, in the case of crimes provided by Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions, in the case of other serious crimes or crimes committed by electronic communication means. Provisions of paragraph 1 1 shall apply accordingly. The authorization is given for the duration necessary to intercept and register, but not for more than 30 days, in the council chamber, by a judge from the court to whom the jurisdiction would return to judge the case in the first instance or from the court corresponding to its degree in whose constituency is the seat of the prosecutor's office of which the prosecutor who performs or supervises the prosecution is part. The authorization may be renewed, before or after the expiry of the previous one, under the same conditions, for duly justified reasons, each extension not exceeding 30 days. The total duration of the intercepts and authorized records, with respect to the same person and the same deed, shall not exceed 120 days. The recording of the conversations between the lawyer and the party he represents or assist in the process cannot be used as a means of proof unless it results in conclusive and useful data or information regarding his or her preparation. the commission by the lawyer of a crime of those provided in par. 1 1 and 2. The prosecutor orders the immediate termination of intercepts and records before the expiry of the duration of the authorization if there are no longer the reasons they justified, informing about this court that issued the authorization. Upon reasoned request of the injured person, the prosecutor may request the judge to authorise the interception and recording of calls or communications made by him by telephone or any electronic means of communication, regardless of nature the crime of research. The authorization of interception and recording of calls or communications shall be made by reasoned conclusion, which shall include: concrete indications and facts justifying the measure; the reasons for determining the factual situation or identifying the times the location of the participants cannot be done by other means or the research would be much delayed; the person, the means of communication or the place subject to supervision; the period for which interception and registration are authorized. 48. In Article 91 ^ 2, paragraphs 2 to 4 are amended and a new paragraph 5 is inserted, which shall read as follows: " In case of emergency, when the delay in obtaining the authorization provided in art. 91 ^ 1 para. 1, 2 and 8 would cause serious damage to the activity of prosecution, the prosecutor who carries out or supervises the prosecution may, on a provisional basis, order by reasoned order, registered in the special register provided for in art. 228 228 para. 1 ^ 1, interception and recording of calls or communications, for a duration of no more than 48 hours. Within 48 hours after the expiry of the period provided for in paragraph 2, the prosecutor presents the ordinance, together with the support on which the intercepts are fixed and the records carried out and a record of summary rendering of the conversations, to the judge at the court who would return the jurisdiction to judge the case in the first instance or from the appropriate court in its degree in whose constituency the seat of the prosecutor's office of which the prosecutor who conducts or supervises the prosecution is located, in order to confirm. The judge shall rule on the legality and merits of the order within 24 hours, by reasoned conclusion given in the council chamber. If the ordinance is confirmed, and the prosecutor requested the extension of the authorization, the judge will order the further authorization of the interception and registration, under the conditions of art. 91 ^ 1 para. 1 1-3 and 8. If the judge does not confirm the prosecutor's order, he will order the termination of intercepts and records immediately, and those carried out will be deleted or, as the case may be, destroyed by the prosecutor, ending in this regard a minutes that are communicate in court copy. Intercepted and recorded conversations or communications that do not concern the act forming the object of the research or do not contribute to the identification or location of the participants shall be archived at the headquarters of the prosecutor's office, in special places, in sealed envelope, with to ensure confidentiality, and may be transmitted to the judge or to the panel invested in the case, at his request. Upon the final settlement of the case, they will be deleted or, as the case may be, destroyed by the prosecutor, ending in this regard a minutes. Intercepted and recorded conversations or communications may also be used in another criminal case if from their contents result data or conclusive and useful information regarding the preparation or commission of another crime between the two provided in art. 91 ^ 1 para. 1 1 and 2. " 49. Article 91 ^ 3 shall read as follows: "" Art. 91 91 ^ 3. -Record certification Intercepted and recorded calls or communications concerning the act forming the object of the research or contributing to the identification or location of the participants are fully rendered in a report by the prosecutor or the worker from the framework of the judicial police delegated by the prosecutor, stating the authorization given for their performance, the number or number of telephone posts or other data identifying the links between which the calls or communications were held, the names of the persons who carried them, if known, the date and time calls or communications in part and the order number of the support on which the printing is made. The minutes are certified for authenticity by the prosecutor carrying out or overseeing the prosecution in question. If the commission of crimes takes place through conversations or communications containing state secrets, the record is made in separate minutes, and the provisions of art. 97 97 para. 3 3 shall apply accordingly. Correspondences in a language other than the Romanian one are transcribed in Romanian, through an interpreter. A copy of the holder containing the recording of the conversation shall be attached to the minutes in the sealed envelope. The original support is kept at the headquarters of the prosecutor's office, in special places, in sealed envelope, and will be made available to the court, at its request. After the application of the court, the copy of the support containing the recording of the conversation and copies of the minutes shall be kept at the court Registry, in special places, in sealed envelope, at the exclusive disposition of the judge or the complete The case At the presentation of the prosecution material, the prosecutor is obliged to present to the accused or defendant the minutes in which the recorded conversations are rendered and to ensure, upon request, their obedience. If a non-referral solution was ordered in the case, the prosecutor is obliged to notify about this person whose conversations or communications were intercepted and recorded. The support on which the recorded conversations are printed shall be archived at the headquarters of the prosecutor's office, in special places, in sealed envelope, with the assurance of confidentiality, and shall be kept until the limitation period of the criminal liability for the act that formed the object of the case, when they are destroyed, concluding minutes in this regard. After archiving, the support on which the recorded conversations are printed can be consulted or copied in case of resumption of research or under the conditions provided in art. 91 ^ 2 para. 5 and only by the prosecutor who performs or oversees the prosecution, and in other cases only with the authorization of the judge. If in the case the court has delivered a judgment of conviction, acquittal or termination of the criminal proceedings, remaining final, the original support and its copy shall be archived with the case file at the court premises, in special places, in sealed envelope, with Ensuring confidentiality. After archiving, the support on which the recorded conversations are printed can be consulted or copied only under the conditions provided in art. 91 ^ 2 para. 5, with the prior consent of the president of the court. " 50. Article 91 ^ 4 shall read as follows: "" Art. 91 91 ^ 4. --Other records Art. 91 ^ 1-91 ^ 3 shall also apply in the case of records in the environment, location or tracking by GPS or other electronic means of supervision. '; 51. Article 91 ^ 6 will read as follows: "" Art. 91 91 ^ 6. -Checking the means of proof The means of proof provided for in this section may be subject to technical expertise at the request of the prosecutor, the parties or ex officio. The records provided for in this section, carried out by the parties or other persons, shall constitute means of proof when they concern their own conversations or communications which they have carried with third parties. Any other records may constitute evidence if they are not prohibited by law. " 52. In Article 100, paragraph 3 shall read as follows: " The house search can only be ordered by the judge, by reasoned conclusion, in the course of the prosecution, at the request of the prosecutor, or in the course of the judgment. In the course of the prosecution, the house search is ordered by the judge from the court to whom the jurisdiction would return to judge the case in the first instance or from the appropriate court in its degree in whose constituency the seat is located the prosecutor's office to which the prosecutor who performs or supervises the prosecution. " 53. In Article 100, after paragraph 4, two new paragraphs are inserted, paragraphs 4 ^ 1 and 4 ^ 2, with the following contents: " On the basis of the conclusion, the judge shall immediately issue the search authorization, which shall include: a) name of court; b) date, time and place of issue; c) the name, surname and quality of the person who issued the search authorization; d) the period for which the authorisation was issued; e) the place where the search is to be carried out; f) the name of the person at the residence or residence of which the search g) the name of the accused or defendant. The authorization may be used only once. " 54. In Article 100, paragraph 5 shall read as follows: "The body search or on the vehicles may be ordered, as the case may be, by the criminal investigation body, by the prosecutor or the judge." 55. In Article 104, after paragraph 4, a new paragraph 5 is inserted, with the following contents: "It is forbidden to carry out at the same time the search of any procedural acts in the same case, which by their nature prevent the person from whom the search is made to participate in the search." 56. In Article 136, paragraph 4 shall read as follows: " The measures provided in par. 1 lit. b) and c) may be taken by the prosecutor or the judge, in the course of the prosecution, and by the court, in the course of the judgment. " 57. Article 137 shall read as follows: "" Art. 137. -The contents of the act by which the preventive measure is taken The act by which the preventive measure is taken must show the act that is the subject of the accusation or the indictment, the text of the law in which it falls and the punishment provided by law for the crime committed. In the case of detention and preventive arrest, the act by which these measures are taken must indicate the case provided for in art. 148, as well as the concrete grounds resulting from its existence. In the case of the obligation not to leave the locality or the country, the act by which this measure is taken must indicate the concrete grounds that led to the taking of the measure. " 58. In Article 137 ^ 1, paragraph 1 shall read as follows: "" Art. 137 137 ^ 1 The person detained or arrested shall be immediately informed, in the language he understands, the reasons for detention or arrest, and the accusation, as soon as possible. The accusation shall be made known only in the presence of a lawyer, elected or appointed ex officio. " 59. In Article 139, paragraph 2 shall read as follows: " When the preventive measure was taken in violation of the legal provisions or there is no longer any basis to justify the maintenance of the preventive measure, it must be revoked ex officio or on request, having, in the case of detention and arrest preventive, the release of the accused or the defendant, if he is not arrested in another case. " 60. In Article 139, paragraph 3 ^ 3 shall be repealed. 61. Article 140 (a) of paragraph 1 shall read as follows: " a) on the expiry of the time limits provided by law or established by judicial bodies or at the expiry of the term provided for in 160 160 b para. 1, if the court did not proceed to verify the legality and merits of the preventive arrest within this period; ". 62. In Article 140 ^ 3, the marginal name shall read as follows: "" The remedy against the conclusion rendered by the judge in the course of the prosecution on preventive measures " 63. In Article 140 ^ 3, paragraphs 1, 3, 7, 8 and 9 shall read as follows: "" Art. 140 140 ^ 3 Against the conclusion by which the judge orders, during the prosecution, the taking of a preventive measure, revocation, replacement, termination of law or extension of the preventive measure, as well as against the conclusion of rejection of the proposal Preventive arrest, the accused or the defendant and the prosecutor can appeal to the higher court within 24 hours of the ruling, for those present, and from the communication, for the missing. The conclusion by which the judge rejects, during the prosecution, the revocation, replacement or termination of law of the preventive measure is not subject to any remedy. ......................................................................... The accused or the arrested defendant will be brought before the appeal court and will be heard in the presence of his defender. If the accused or the defendant is hospitalized and, due to the state of health, cannot be brought before the judge or when, because of force majeure or state of necessity, his movement is not possible, the appeal will be examined in its absence, but only in the presence of its defender, who is given the floor to draw conclusions. ......................................................................... When he considers that the preventive measure is unlawful or not justified, the court of appeal shall revoke it, ordering, in the case of preventive arrest, the immediate release of the accused or the defendant, if he is not arrested in another case. The appeal declared against the conclusion by which the preventive measure was ordered or by which the rightful termination of this measure was found is not suspensive of execution. The case file shall be returned to the prosecution body within 24 hours of the appeal. " 64. In Article 141, paragraph 1 shall read as follows: "" Art. 141 Conclusion given in the first instance and on appeal, ordering a preventive measure, revocation, replacement or termination of the preventive measure, as well as against the conclusion ordering the maintenance of preventive arrest, may be attacked separately, with appeal, by the prosecutor or by the defendant, within 24 hours of the ruling, for those present, and from the communication, for the missing. The conclusion by which the first instance or the appellate court rejects the application for revocation, replacement or termination of the preventive measure shall not be subject to any appeal. " 65. Article 143 shall read as follows: "" Art. 143. --Conditions of detention The measure of detention can be taken by the prosecutor or the criminal investigation body against the accused or defendant, only after hearing it in the presence of the defender, if there are evidence or thorough indications that he committed a deed provided by the criminal law. The criminal investigation body is obliged to collect, immediately, the prosecutor on the taking of the detention measure. The prosecutor or the criminal investigation body will inform the accused or defendant that he has the right to hire his defender. It is also known to him that he has the right to make no statement, drawing attention to him that what he declares can be used against him. The detention measure is taken in the cases provided for in art. 148, as well as in case of flagrant offense, whatever the limits of punishment provided by law. " 66. In Article 144, after paragraph 1, a new paragraph 1 shall be inserted, paragraph 1 ^ 1, with the following contents: "If the detention is ordered after the hearing of the accused quoted by the prosecution body, the 24-hour period shall be calculated from the time of issue of the order." 67. In Article 145, paragraph 1 shall read as follows: "" Art. 145 The measure of obligation not to leave the locality consists in the duty imposed on the accused or defendant by the prosecutor or judge, in the course of criminal prosecution, or by the court, in the course of judgment, not to leave the locality where lives, without the consent of the organ that ordered this measure. The measure may be taken only if the conditions laid down in art. 143 143 para. 1 1. " 68. In Article 145, after paragraph 1, a new paragraph 1 shall be inserted, paragraph 1 ^ 1, with the following contents: " The judicial body that ordered the measure requires the accused or the defendant that during the measure of the obligation not to leave the locality to comply with one or more of the following obligations: a) to appear at the judicial body whenever he is called; b) not to change their dwelling without the knowledge of the judicial body; c) not to travel to certain sports or cultural performances or to any other places established by the judicial body; d) not to approach the injured person, their family members, the person together with whom he committed the act, witnesses, experts or other persons established by the judicial body and not to communicate with them, directly or indirectly; e) do not drive any vehicles or vehicles established by the judicial body; f) not to own, not to use and not to carry any category of weapons; g) not to be in the home of the injured person; h) not to exercise the profession, profession or not to carry out the activity in the exercise of which he committed the act. 69. In Article 145, paragraphs 2 and 2 ^ 1 shall read as follows: " In the course of prosecution, the duration of the measure provided in 1 may not exceed 30 days, unless it is extended under the law. The measure of the obligation not to leave the locality can be extended during the criminal investigation, in case of necessity and only motivated. The extension is ordered by the prosecutor who carries out or supervises the prosecution, each extension not being able to exceed 30 days. Art. 140 140 ^ 2 shall apply accordingly. Maximum duration of the measure referred to in paragraph 1 in the course of the prosecution is one year. Exceptionally, when the punishment provided by the law is the detention for life or imprisonment of 10 years or more, the maximum duration of the obligation not to leave the locality is 2 years. The copy of the prosecutor's order or, as the case may be, the conclusion of the judge or the court is communicated, on the same day, to the accused or the defendant, to the police station in whose territorial area he lives, to the gendarmerie, community, competent bodies to issue passport, border bodies, as well as other institutions, in order to ensure compliance with the obligations imposed by the judicial body. The bodies in law refuse to issue the passport or, as the case may be, provisionally lift the passport during the measure 70. In Article 145, after paragraph 2 ^ 1, two new paragraphs are inserted, paragraphs 2 ^ 2 and 2 ^ 3, with the following contents: " In the order or conclusion it is drawn the attention of the accused or defendant that, in case of bad faith violation of the measure or the obligations imposed by the judicial body, the measure of preventive arrest can be taken against him. If during the obligation not to leave the locality have intervened reasons that justify either the imposition of new obligations, or the replacement or termination of the existing ones, the prosecutor or the court orders this by the reasoned order or conclusion. Provisions of paragraph 2 2 ^ 1 and para. 2 2 ^ 2 shall apply accordingly. ' 71. In Article 145, paragraph 3 shall read as follows: "In case of a bad faith violation of the measure applied or the obligations imposed by the judicial body, the measure of preventive arrest may be ordered against the accused or defendant, under the conditions provided by law." 72. Article 145 ^ 1 shall read as follows: "" Art. 145 145 ^ 1. --The obligation not to leave the country The extent of the obligation not to leave the country lies in the duty imposed on the accused or defendant by the prosecutor or judge, in the course of prosecution, or by the court, in the course of judgment, not to leave the country without the consent of the organ who ordered this measure. Art. 145 145 shall apply accordingly and in the case of an obligation not to leave the country. ' 73. In Article 146, paragraphs 1, 2 and 9 shall read as follows: "" Art. 146 If the conditions laid down in art. 143 and there are any of the cases provided in art. 148, the prosecutor, ex officio or at the complaint of the criminal investigation body, when he considers that the arrest of the accused is necessary in the interest of prosecution, only after hearing it in the presence of the defender, taking the measure of preventive arrest of the accused. The case, together with the proposal to take the preventive arrest measure, drawn up by the prosecutor carrying out or overseeing the prosecution, shall be presented to the president or to the judge delegated by him from the court to which the to judge the case in substance or from the appropriate court in its degree in whose constituency the place of possession is located, the place where the act provided for by the criminal law was found or the seat of the prosecutor's office of which the prosecutor who perform or supervise the prosecution. ........................................................................... If the conditions laid down in paragraph are met. 1, the judge orders, by reasoned conclusion, the preventive arrest of the accused for a duration that cannot exceed 10 days. " 74. In Article 146, after paragraph 11, a new paragraph is inserted, paragraph 11 ^ 1, with the following contents: "In case of rejection of the proposal for preventive arrest, if the conditions provided by law are met, the judge may order the measure of obligation not to leave the locality or that not to leave the country." 75. Article 148 shall read as follows: "" Art. 148. -Conditions and cases where the arrest of the defendant is ordered The measure of preventive arrest of the defendant can be taken if the conditions provided for in art. 143 143 and there are any of the following: a) the defendant fled or hid, in order to evade prosecution or trial, or there is data that he will try to flee or evade in any way from prosecution, from judgment or from the execution of the sentence; b) there is data that the defendant tries to frustrate directly or indirectly the finding of the truth by influencing a party, a witness or expert or by destroying, altering or evading the material means of proof; c) there is data that the defendant prepares the commission of a new d) the defendant committed a new crime with intent; e) there are data that the defendant exerts pressure on the injured person or that he tries a fraudulent understanding with it; f) the defendant committed an offence for which the law provides for the punishment of detention for life or prison sentence of more than 4 years and there is evidence that his leaving at large presents a concrete danger to public order. In the cases provided in par. 1 lit. a)-e), the measure of preventive arrest of the defendant can be taken only if the punishment provided by law is the detention for life or imprisonment of more than 4 years. " 76. In Article 149 ^ 1, paragraphs 1, 2, 10 and 12 shall read as follows: "" Art. 149 149 ^ 1 The prosecutor, ex officio or at the referral of the criminal investigation body, if the conditions provided in art. 143 and there are any of the cases provided in art. 148, when he considers that in the interest of prosecution it is necessary to arrest the defendant, only after hearing him in the presence of the defender, draw up the reasoned proposal to take the measure of preventive arrest of the defendant. The case, together with the proposal to take the measure of preventive arrest, drawn up by the prosecutor who supervises or carries out the prosecution, shall be presented to the president or to the judge delegated by him from the court to judge the case in substance or from the appropriate court in its degree in whose constituency the place of possession is located, the place where the act provided for by the criminal law was found or the seat of the prosecutor's office of which the prosecutor who perform or supervise the prosecution. ........................................................................... If the conditions laid down in paragraph are met. 1, the judge orders, by reasoned conclusion, the preventive arrest of the defendant for a duration that cannot exceed 30 days. ........................................................................... Art. 146 146 para. 10 and 11 ^ 1 and art. 152 152 para. 1 1 shall apply accordingly. '; 77. In Article 151, paragraph 1 shall read as follows: "" Art. 151 After the preparation of the decision ordering the preventive arrest of the defendant, the judge at the first instance or, as the case may be, the presiding officer of the appeal court shall immediately issue the preventive arrest warrant. " 78. In Article 152, after paragraph 3, a new paragraph 3 ^ 1 is inserted, with the following contents: "In order to execute the preventive arrest warrant, the police body may enter a person's domicile or residence without invoking it, as well as in the premises of a legal person without invoking its legal representative." 79. Article 154 shall read as follows: "" Art. 154. -Not finding the person mentioned in the mandate When the person mentioned in the warrant has not been found, the enforcement body shall conclude a report by which it finds and notifies the judicial body that issued the warrant, as well as the competent bodies for the prosecution and the consign at border crossings. " 80. In Article 155, paragraph 2 shall read as follows: " In the case provided in par. 1, the extension of the duration of the defendant's preventive arrest may be ordered by the court to which the jurisdiction would return to judge the case in substance or by the appropriate court in its degree in whose constituency the holding site is located, the place where found the commission of the act provided by the criminal law or the headquarters of the prosecutor's office to which the prosecutor who performs or supervises the prosecution. " 81. In Article 156, paragraphs 1 and 2 shall read as follows: "" Art. 156 Extension of the duration of preventive arrest provided in 155 is ordered based on the reasoned proposal of the prosecutor who, as the case may be, performs or oversees the prosecution If the prosecutor supervises the prosecution, he will be notified by the criminal investigation body, in order to formulate the proposal for an extension, at least 8 days before the expiry of the duration of the preventive arrest. " 82. Article 156 (4) shall be repealed. 83. In Article 159, the marginal name shall read as follows: "" Procedure for extension of preventive arrest ordered in the course of prosecution " 84. In Article 159, paragraphs 1, 3, 4 and 6-12 shall read as follows: "" Art. 159 The case file will be filed with the court, along with the proposal to extend the preventive arrest, drawn up by the prosecutor carrying out or overseeing the prosecution, at least 5 days before the expiration of the duration of the preventive arrest, and will could be consulted by the defender. .......................................................................... The defendant is brought before the judge and will be assisted by the defender. If the arrested defendant is admitted to the hospital and due to the state of health cannot be brought before the judge or when, due to force majeure or state of necessity, his movement is not possible, the proposal will be examined in the lack of the defendant, but only in the presence of the defender, who is given the floor to draw conclusions. ......................................................................... If the judge grants the extension, it will not be able to exceed 30 days. The judge resolves the proposal and rules on the extension of the preventive arrest, within 24 hours of receipt of the file, and communicates the conclusion of the missing from the judgment at the same time. The conclusion by which it was decided on the extension of the arrest can be appealed by the prosecutor or the defendant within 24 hours of the ruling, for those present, or from the communication, for the missing. The appeal shall be resolved before the expiry of the period of pre-trial detention ordered prior to the conclusion The appeal, declared against the conclusion by which the preventive arrest was ordered to be extended, is not suspensive of execution. Art. 140 ^ 3 para. 3 3-7 and 9 shall apply accordingly to the judgment of the appeal. The measure ordered by the judge shall be communicated to the administration of the place of possession, which is obliged to inform the defendant. If the conclusion of the judge from the first instance is not appealed, the court is obliged to return the case to the criminal prosecution body within 24 hours after the expiry of the appeal period. " 85. In Article 160 ^ b, paragraph 2 shall read as follows: " If the court finds that the pre-trial detention is unlawful or that the grounds that determined the pre-trial detention have ceased or there are no new grounds justifying the deprivation of liberty, it has, by reasoned conclusion, the revocation of the arrest preventive and immediate release of the defendant. " 86. In Article 160 ^ e, after paragraph 1, a new paragraph 2 is inserted, with the following contents: "When determining the applicable provisions on the measure of detention and preventive arrest, the age of the accused or defendant shall be considered from the date on which the preventive measure is taken, extended or maintained." 87. In Article 160 ^ 2, paragraphs 1 and 2 shall read as follows: "" Art. 160 160 ^ 2 Provisional release under judicial control may be granted in the case of crimes committed at fault, as well as in the case of intentional crimes for which the law provides for the prison sentence not exceeding 18 years. The provisional release under judicial review shall not be granted if there is data resulting from the need to prevent the accused or the defendant from committing other crimes or that he will attempt to thwart the finding of the truth by influence of parts, witnesses or experts, alteration or destruction of evidence or other such acts. " 88. In Article 160 ^ 2, letter b) of paragraph 3 shall read as follows: "b) communicate to the judicial body any change of the dwelling;". 89. In Article 160 ^ 2, after the letter g) of paragraph 3, a new letter, letter h) is inserted, with the following contents: "h) not to leave the country without the consent of the court." 90. In Article 160 ^ 2, after paragraph 3, a new paragraph 4 is inserted, with the following contents: "" Provisions art. 145 145 para. 2 2 ^ 1 shall apply accordingly. ' 91. In Article 160 ^ 4, paragraph 2 shall read as follows: " During the provisional release, the accused or the defendant is obliged to present himself, at the call of the court, to communicate any change of the home and to comply with the obligations provided in art. 160 ^ 2 para. 3 3 which the court orders. " 92. In Article 160 ^ 4, after paragraph 2, a new paragraph 3 is inserted, with the following contents: "" Provisions art. 160 ^ 2 para. 4 4 shall apply accordingly. '; 93. In Article 160 ^ 5, paragraphs 1 and 2 shall read as follows: "" Art. 160 160 ^ 5 The bail guarantees the accused or defendant's compliance with their obligations during the provisional release. The amount of the bail is at least 1,000 lei and his record can be made either by submitting the amount of money established by the court or by setting up a real estate guarantee at the disposal of the court that established the bail. " 94. In Article 160 ^ 7, the final sentence of paragraph 1 shall be repealed. 95. Article 160 ^ 9, paragraph 5 shall be repealed. 96. In Article 162, paragraphs 1 and 4 shall read as follows: "" Art. 162 If the prosecutor who performs or supervises the prosecution finds, in the course of the prosecution, that the accused or the defendant is in any of the situations shown in art. 113 or 114 of the Criminal Code, notifies the court which, if applicable, orders the appropriate safety measure to be taken, provisionally. In the course of the prosecution, the safety measure may be ordered for a duration not exceeding 180 days. In the course of the judgment, the appropriate safety measure is also provisionally ordered by the court. ........................................................................... The confirmation is based on the opinion of the medical committee, which must be communicated to the court within 45 days of the commission's referral. Failure to respect this term constitutes judicial misconduct and is sanctioned according to art. 198 198 para. 3 3. " 97. In Article 163, paragraph 1 shall read as follows: "" Art. 163 The precautionary measures shall be taken during the criminal proceedings by the prosecutor or the court and consist in the freezing, by the establishment of a seizure, of movable and immovable property, for the purpose of special confiscation, of the repair of the damage caused by offence, as well as to guarantee the execution of the fine. " 98. In Article 171, paragraphs 2 and 4 ^ 1 shall read as follows: " Legal assistance is mandatory when the accused or defendant is a minor, admitted to a re-education center or an educational institute, when he is detained or arrested in another case, when compared to him the measure was ordered. the safety of medical admission or the obligation to medical treatment even in another case or when the prosecution body or the court considers that the accused or the defendant could not make his own defense, as well as in other cases provided by law. ........................................................................... When legal aid is compulsory, if the chosen defender does not present himself unjustifiably on the date set for carrying out a criminal prosecution act or the term of judgment fixed and neither ensures substitution, leaves or refuses to carry out defence, the judicial body shall take measures to appoint an ex officio defender to replace him, giving him the time to prepare the defence. In the course of judgment, after the beginning of the proceedings, when legal aid is compulsory, if the chosen defender is absent, unjustifiably, at the court term and does not ensure substitution, the court shall take measures to appoint a defender to replace it, giving a minimum of 3 days for the preparation of the defence. " 99. In Article 172, paragraphs 1, 2 and 6 shall read as follows: "" Art. 172 In the course of the prosecution, the defender of the accused or defendant has the right to assist in carrying out any act of prosecution involving the hearing or the presence of the accused or the defendant to whom the defence provides and may make demands and file memoirs The lack of the defender does not prevent the prosecution act, if there is proof that the defender was incunostintat by the date and time of the act. The knowledge is made by telephone notification, fax, internet or other such means, ending in this regard a minutes. When legal aid is mandatory, the prosecution body will ensure the presence of the defender when listening to the accused or the defendant. ........................................................................... The defender has the right to complain, according to art. 275, if its applications have not been accepted; in the situations provided in par. 2 2 and 4, the prosecutor is obliged to resolve the complaint within 48 hours. " 100. In Article 172, paragraph 5 is repealed. 101. In Article 173, paragraphs 1 and 3 shall read as follows: "" Art. 173 The defender of the injured party, the civil party and the civilly responsible party has the right to assist in carrying out any act of prosecution involving the hearing or the presence of the party to which the defence secures and may make requests and file Memories. ............................................................................ When the judicial body considers that for some reasons the injured party, the civil party or the civilly responsible party could not make its own defence, it shall have ex officio or on request the taking of measures to designate a defender. " 102. In Article 176 (1), after point d), three new letters, letters e), f) and g) are inserted, with the following contents: "" e) that the party is entitled to a defender with whom it is present at the time limit; f) as according to art. 171 171 para. 2 and 3 the defense is mandatory, and if the party does not elect a defender, with whom to present himself at the fixed term, he will be designated a defender ex officio; g) that the quoted party may, in order to exercise the right of defence, consult the file at the archive of the court. " 103. In Article 177, paragraphs 7 and 8 shall read as follows: " The military is quoted at the unit to which they belong, through its commander. If the accused or the defendant lives abroad, the citation is made according to the rules of international criminal law applicable in relation to the requested state, under the law. In the absence of such a rule or where the applicable international legal instrument allows it, the citation shall be made by registered letter. In this case, the notice of receipt of the letter recommended, signed by the addressee, or the refusal to receive it shall take place of proof of the fulfilment of the citation procedure. " 104. In Article 177, after paragraph 8, a new paragraph is inserted, paragraph 8 ^ 1, with the following contents: " When determining the term for the appearance of the accused or the defendant abroad, account is taken of the international norms applicable in relation to the state on whose territory the accused or the defendant is, and in the absence of such rules, of the need for the summons to be received at the latest 40 days before the day fixed for the appearance. " 105. In Article 184, paragraph 1 shall read as follows: "" Art. 184 The mandate of bringing is carried out through the police, gendarmerie or community police bodies. " 106. In Article 189, paragraph 2 will read as follows: " Judicial expenses provided in par. 1, advanced by the state, are distinctly included, as the case may be, in the revenue and expenditure budget of the Ministry of Justice, the Public Ministry and the Ministry of Administration and 107. In Article 192 (1), a new point (d) is inserted after point c), with the following contents: " d) defendant, in the case when he was acquitted pursuant to art. 10 10 para. 1 lit. b ^ 1). " 108. Article 192 (1) (c) of point (2) shall read as follows: "c) the injured party, in case of withdrawal of the complaint or if the complaint has been belatedly introduced." 109. In Article 192, paragraph 5 will read as follows: " The provisions provided in par. 1 1 section 1 lit. a) and d), as well as in section 2 2 and 3, shall also apply accordingly in the case of classification, removal from prosecution or termination of prosecution. " 110. In Article 197, paragraph 2 will read as follows: " The provisions relative to the competence according to the matter or the quality of the person, to the application of the court, to its composition and to the advertising of the court hearing are provided under the sanction of They are also provided under penalty of nullity and the provisions relative to the participation of the prosecutor, the presence of the accused or the defendant and their assistance by the defender, when they are mandatory, according to the law, as well as the evaluation reference in cases with juvenile offenders. " 111. In Article 197, after paragraph 4, a new paragraph 5 is inserted, with the following contents: " In the situations provided in par. 1 and 4, if the restoration of the annulable act can be done before the court that found, by conclusion, the violation of the legal provisions, it grants a short term for the immediate restoration of the act. " 112. Article 198 will read as follows: "" Art. 198. -Judicial misconduct The following deviations committed during the criminal proceedings are sanctioned with a judicial fine from 100 lei to 1,000 lei: a) failure to fulfill or miscarry or delay the works of citation or communication of procedural documents, transmission of files, as well as any other works, if through these were caused delays in the conduct of criminal proceedings; b) failure to perform or miscarry the duties of handing out or communicating the subpoenas or other procedural acts, as well as the non-execution of the warrants for bringing. The unjustified lack of the witness is sanctioned with a judicial fine of 250 lei to 5,000 lei. The unjustified lack of the defender elected or appointed ex officio without ensuring the substitution, under the law, or its replacement or refusal to ensure the defense is sanctioned with a judicial fine from 500 lei to 5,000 lei. The following deviations committed during the criminal proceedings are sanctioned with a judicial fine from 500 lei to 5,000 lei: a) preventing in any way the exercise, in connection with the process, of the duties of the judicial bodies, the specialized auxiliary staff of the courts and the prosecutor's offices, the experts appointed by the judicial body under the conditions law, procedural agents, as well as other employees of courts and prosecutors; b) unjustified lack of the quoted legal expert or interpreter; c) the delay by the expert or interpreter of the fulfilment of the tasks received; d) failure by any person of the obligation of presentation, at the request of the criminal prosecution body or of the court, of the objects or documents required by them, as well as the non-fulfillment of the same obligation by the legal representative of the legal person or the one responsible for carrying out this obligation; e) non-compliance with the retention obligation, provided for in 109 109 para. 5 5; f) failure by the legal representative of the legal person to carry out an expertise of the measures necessary for its performance or for the timely performance of the expertise, as well as the prevention by any person of carrying out the expertise under the law; g) non-compliance by the parties, their defenders, witnesses, experts, interpreters or any other persons of the measures taken by the presiding judge according to art. 298 298; h) irreverent manifestations of the parties, their defenders, witnesses, experts, interpreters or any other persons, to the judge or prosecutor; i) non-compliance by the accused or defendant of the obligation to collect in writing, within 3 days, the judicial bodies about any change of the dwelling during the criminal proceedings; j) non-fulfillment by the criminal investigation body of the written provisions of the prosecutor, within the deadline set by him. The judicial fines imposed constitute income to the state budget, being distinct in the budget of the Public Ministry or the Ministry of Justice, as the case may be, according to the The application of the judicial fine does not remove criminal liability, if the act constitutes a crime. " 113. In Article 201, paragraph 3 will read as follows: " As research bodies of the judicial police work specialized workers from the Ministry of Administration and Interior, nominally appointed by the Minister of Administration and Interior, with the assent of the Prosecutor General of the Prosecutor's Office on near the High Court of Cassation and Justice, and operates under the authority of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. The withdrawal of the opinion according to the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice leads to the termination of the quality of worker in the judicial 114. After Article 203, a new article is inserted, Article 203 ^ 1, with the following contents: "" Art. 203 203 ^ 1. -Addresses and procedural documents issued by the prosecution body The addresses and procedural documents drawn up in the criminal case shall be signed by the prosecutor who carries out or supervises the prosecution or, as the case may be, by the judicial police body that issued them. " 115. In Article 205, after paragraph 1, two new paragraphs, paragraphs 2 and 3 shall be inserted, with the following contents: " In cases where the prosecutor submits the case file to the court in order to settle proposals or requests made during the criminal investigation, he or the criminal investigation body shall keep copies of all the documents of the file, in order to continue to prosecute. In cases where, in the course of the prosecution, the case file is requested at the same time by different courts, the prosecutor submits the original of the court file first to the case, and to the other courts copies of the documents of the prosecutor and bearing the stamp of the prosecutor's 116. In Article 209, paragraph 3 will read as follows: " The prosecution is compulsorily carried out by the prosecutor in the case of the crimes provided for in art. 155-173 155-173, art. 174-177 174-177, art. 179 179, art. 189 189 para. 3-6 3-6, art. 190 190, art. 191 191, art. 211 211 para. 3 3, art. 212 212, art. 236 236, art. 236 ^ 1, art. 239 239, art. 239 ^ 1, art. 250 250, art. 252 252, art. 253 ^ 1-255, art. 257 257, art. 265-268 265-268, art. 273-276 273-276, art. 279 ^ 1, art. 280 280, art. 280 ^ 1, art. 302 ^ 2, art. 317 317, art. 323 323 and art. 356-361 of the Criminal Code, in the cases shown in art. 27 27 section 1 lit. b)-e), art. 28 28 ^ 1 pt. 1 lit. b) and section 5 5, art. 28 28 ^ 2 pt. 1 lit. b) and art. 29 29 section 1 1 of this Code, in the case of crimes against labor protection, as well as in the case of other crimes given by law in its jurisdiction. " 117. In Article 209, paragraphs 5 and 6 are repealed. 118. In Article 217, paragraph 3 is repealed. 119. In Article 217, paragraph 4 will read as follows: "In cases where the prosecution is carried out by the prosecutor, he can order by order that certain acts of criminal investigation be carried out by the judicial police bodies." 120. In Article 219, paragraph 2 will read as follows: "The provisions given by the prosecutor are mandatory for the criminal investigation body, as well as for other bodies that have powers provided by law in finding crimes." 121. Article 220 will read as follows: "" Art. 220. --Infirmation of unlawful procedural acts or measures When the prosecutor finds that an act or a procedural measure of the criminal prosecution body is not given in compliance with the legal provisions, it refutes it by ordinance. The prosecutor is obliged to present, immediately, the superior hierarchical prosecutor the case with the preventive measures ordered or proposed, as well as the solutions adopted in the case. " 122. In Article 221, paragraph 1 shall read as follows: "" Art. 221 The prosecution body is notified by complaint or denunciation, or it is notified ex officio when it finds out on any other way that a crime has been committed. If the prosecution body is notified ex officio, it shall conclude a report in this regard. " 123. In Article 222, after paragraph 6, a new paragraph 7 is inserted, with the following contents: "The wrong complaint directed to the prosecuting body or to the court shall be sent to the competent body." 124. In Article 224 ^ 1, paragraphs 2 and 3 shall read as follows: " The undercover investigators are operative workers of the judicial police and can be used only for a fixed period, under the conditions provided in art. 224 224 ^ 2 and 224 ^ 3. The undercover investigator collects data and information on the basis of the authorization issued according to the provisions provided in art. 224 ^ 2, which he puts, in full, at the prosecutor's disposal. " 125. In Article 224 ^ 2, paragraph 1 shall read as follows: "" Art. 224 224 ^ 2 Persons referred to in art. 224 ^ 1 may carry out investigations only with the reasoned authorization of the prosecutor carrying out or overseeing the prosecution. " 126. In Article 226, paragraph 1 shall read as follows: "" Art. 226 For the crimes provided by the Criminal Code in art. 331-334, 348, 353 and 354, the prosecution can only begin upon referral to the commander. " 127. In Article 228, after paragraph 1, a new paragraph is inserted, paragraph 1 ^ 1, with the following contents: "The resolution to start the prosecution will include the date and time at which the prosecution was ordered to begin and will be registered in a special register." 128. In Article 228, paragraph 3 is repealed. 129. In Article 228, paragraphs 3 ^ 1 and 6 shall read as follows: " The resolution to start the prosecution, issued by the criminal investigation body, is subject to the reasoned confirmation of the prosecutor exercising the supervision of the criminal investigation activity, no later than 48 hours after the start of the prosecution criminal, criminal investigation bodies are also obliged to present the case file. ............................................................................ If the prosecutor agrees with the proposal, it confirms it by reasoned resolution. Copy of the resolution shall be communicated to the person who made the referral, as well as, as the case may be, to the person to whom prior acts were carried out. Art. 245 245 para. 1 lit. c ^ 1) shall apply accordingly. " 130. In Article 242, paragraph 1 shall read as follows: "" Art. 242 The termination of the prosecution takes place when the existence of any of the cases provided for in art. 10 10 para. 1 lit. f)-h), i ^ 1) and j) and there are accused or defendant concerned. " 131. In Article 243, paragraph 1 shall read as follows: "" Art. 243 The criminal investigation body, when it finds the existence of any of the cases provided in art. 10 10 para. 1 lit. f)-h), i ^ 1) and j), submit to the prosecutor the file together with proposals to terminate the prosecution. " 132. In Article 245, after point c) of paragraph 1, a new letter is inserted, letter c ^ 1), with the following contents: "c ^ 1) referral to the competent civil court of the total or partial abolition of a document." 133. In Article 264, paragraph 2 is repealed. 134. In Article 264, paragraphs 3 and 4 shall read as follows: " The complaint of the court is made by the prosecutor who gave the indictment. The prosecutor shall immediately forward the indictment together with the case of the case of the prosecutor of the prosecutor's office who, within 48 hours in cases with preventive arrest or within 20 days in the other cases, verify the legality and merits of the solution adopted. If until the expiry of these terms the indictment has not been refuted, it shall be submitted to the competent court, together with the case file and a necessary number of copies on the indictment to be communicated to the defendants in state of Possession. " 135. In Article 264, after paragraph 4, a new paragraph 5 is inserted, with the following contents: " If the indictment is drawn up by the head of the prosecutor's office, it, together with the case file, shall be submitted to the superior hierarchical prosecutor. Provisions of paragraph 4 4 shall apply accordingly. '; 136. Article 270 (b) of paragraph 1 shall read as follows: "b) restitution of the case by the court in order to restore the prosecution;". 137. Article 272 will read as follows: "" Art. 272. -Resumption in case of refund When the court ordered the return of the case in order to restore the prosecution, the prosecution shall resume on the basis of the judgment by which the court ordered the refund. " 138. In Article 273, paragraph 1 ^ 1 shall read as follows: " The reopening of the prosecution also takes place when the judge, according to art. 278 ^ 1, upheld the complaint against the ordinance or, as the case may be, the prosecutor's resolution to remove from prosecution or terminate the prosecution or to classify and sent the case to the prosecutor in order to reopen the prosecution. If the court, according to art. 278 ^ 1, upheld the complaint against the resolution not to prosecute and sent the case to the prosecutor in order to start the prosecution, it orders the start of the prosecution under the conditions provided by law. The provisions of the court are mandatory for the prosecution body, in terms of the facts and circumstances to be found and the means of proof indicated. " 139. Article 278 ^ 1 will read as follows: "" Art. 278 278 ^ 1. -Complaint before the judge against the resolutions or ordinances of the prosecutor of not arraignment After rejecting the complaint made according to art. 275-278 against the resolution not to prosecute or the ordinance or, as the case may be, the resolution of the ranking, removal from prosecution or termination of prosecution, given by the prosecutor, the injured person, as well as any other persons whose legitimate interests are injured may complain, within 20 days from the date of communication by the prosecutor of the way of resolution, according to art. 277 and 278, to the judge at the court who would return, according to the law, jurisdiction to judge the case in the first instance. The complaint can also be made against the non-referral provision in court contained in the indictment. If the prosecutor of the prosecutor's office or, as the case may be, the prosecutor general of the prosecutor's office of the appellate court, the chief section prosecutor of the Prosecutor's Office of the High Court of Cassation and Justice or the superior hierarchical prosecutor has not settled the complaint within the period provided in art. 277, the term provided in par. 1 flows from the expiry date of the initial 20-day period. The file will be sent by the prosecutor's office to the judge, within 5 days of receiving the address requesting the file. The person against whom the non-commencement of the prosecution was ordered, the removal from prosecution or the termination of the prosecution, as well as the person who made the complaint are quoted. Failure to present these persons, legally cited, does not prevent the case. When the judge considers that the presence of the missing person is absolutely necessary, he can take measures to present When judging the complaint, the prosecutor's presence is mandatory. At the deadline fixed for the trial of the complaint, the judge gives the word to the person who made the complaint, to the person against whom the prosecution was ordered not to start, to remove from prosecution or to terminate the prosecution and then to the prosecutor. The judge, resolving the complaint, verifies the resolution or order under appeal, based on the work and material in the case file and any new documents submitted. The judge rules one of the following solutions a) reject the complaint, by sentence, as late or inadmissible or, as the case may be, as unfounded, maintaining the resolution or ordinance appealed; b) admits the complaint, by sentence, abolishes the resolution or ordinance appealed and sends the case to the prosecutor, in order to start or reopen the prosecution, as the case may The judge is obliged to show the reasons why he sent the case to the prosecutor, while indicating the facts and circumstances to be found and by which means of proof; c) admits the complaint, by conclusion, abolishes the resolution or order appealed and, when the evidence existing on file is sufficient, holds the case for trial, in completely legal constituted, the provisions on trial in the first instance and the attack by applying properly. In the case provided in par. 8 lit. c), the document instituting the court is the complaint of the person referred to in par. 1. Judge's ruling delivered according to para. 8 lit. a) and b) may be appealed by the prosecutor, by the person who made the complaint, by the person against whom the prosecution was ordered not to be started, the removal from prosecution or the termination of the prosecution, as well as by any other person of the whose legitimate interests are harmed. In the situation provided in par. 8 lit. a), the person in respect of whom the judge, by final judgment, decided that it is not the case to start or to reopen the prosecution can no longer be pursued for the same act, except when facts or circumstances were discovered us that were not known to the prosecution body and did not intervene one of the cases provided in art. 10. The judge is obliged to resolve the complaint no later than 30 days after receiving it. The wrong complaint shall be sent to the competent judicial body. " 140. In Article 279, paragraph 2 will read as follows: "The prior complaint is addressed to the criminal investigation body or the prosecutor, according to the law." 141. In Article 280, paragraph 2 is repealed. 142. In Article 280, paragraph 3 will read as follows: " After the flagrant crime is found, the prosecution body calls the injured person and, if it declares that it makes prior complaint, continues the prosecution. Otherwise, the prosecutor orders the termination of the prosecution. " 143. Article 281 will read as follows: "" Art. 281. -Procedure in case of connection or indivisibility In case of connection or indivisibility between an offence for which the setting in motion of the criminal action is made to the prior complaint and another offence for which the setting in motion of the criminal action is not made to the prior complaint of the injured person, if the dislocation is not possible, the procedure provided for in art. 35 35. " 144. Article 284 ^ 1 is repealed. 145. Article 286 will read as follows: "" Art. 286. --Change of crime If in a case where criminal investigation acts were made it is later considered that the act is to receive a legal framing for which prior complaint is required, the criminal investigation body calls the injured party and asks her if understand to press charges. If so, the criminal investigation body continues the research. Otherwise, it transmits the acts of the prosecutor in order to stop the prosecution. " 146. In Article 294, paragraphs 1 and 3 shall read as follows: "" Art. 294 In cases where the appointment of an ex officio defender is mandatory, the judge of the case, with the fixing of the court term, shall take measures to designate the defender ............................................................................ When the defendant is in possession, the judge of the case shall take measures that he may exercise the right provided for in the preceding paragraph and be able to make contact with his defender. " 147. In Article 296, paragraph 2 will read as follows: "In the course of the judgment, the President may reject the questions raised by the parties and the prosecutor, if they are not conclusive and useful to the judgment of the case." 148. In Article 300 ^ 1, paragraph 3 will read as follows: " When the court finds that the grounds that determined the arrest further impose deprivation of liberty or that there are new grounds justifying the deprivation of liberty, the court maintains, by reasoned conclusion, pre-trial detention. Art. 159 159 para. 3 3, 4, 5 and 11 shall apply accordingly. ' 149. In Article 303, paragraphs 3 and 6 shall read as follows: " The conclusion given in the first instance by which the suspension of the case was ordered can be appealed separately with appeal to the higher court within 24 hours of the ruling, for those present, and from the communication, for the missing. The appeal shall not suspend the execution and shall be adjudicated within 3 days. ........................................................................... The court suspends the judgment, by reasoned conclusion, and if an exception of unconstitutionality was raised, until the Constitutional Court's resolution of the exception. If the defendant is arrested, the provisions of art. 300 ^ 2, and if compared to it the obligation to not leave the locality or the measure of obligation not to leave the country was ordered, it shall apply, accordingly, art. 145 145 and 145 ^ 1. The conclusion is subject to the appeal within 24 hours of the ruling, for those present, and from the communication, for the missing. The appeal shall be adjudicated within 3 days. " 150. After Article 303, a new article is inserted, Article 303 ^ 1, with the following contents: "" Art. 303 303 ^ 1. -Suspension of judgment in case of active extradition If, according to the law, the extradition of a person is required for trial in a criminal case, the court on whose role the case is located may order, by reasoned conclusion, the suspension of the judgment until the date on which the requested State will communicate his decision on the extradition request. The conclusion of the court is subject to the appeal within 24 hours of the ruling, for those present, and from the communication, for the missing. The appeal is adjudicated within 3 days. If the extradition of a defendant tried in a case with several defendants is requested, the court may order, in the interest of good judgment, the discontent of the case. " 151. In Article 309, after paragraph 1, two new paragraphs, paragraphs 2 and 3 shall be inserted, with the following contents: " The preparation of the minute is also mandatory in cases where the judge or court has on preventive measures. The minute shall be drawn up in two original copies, one of which shall be attached to the case file and the other shall be submitted, for preservation, to the minutes of the court. " 152. Article 313 will read as follows: "" Art. 313. --Pre- With a view to the complete distribution and the establishment of the first court term, the newly formed files will be transmitted, after registration in the registry of the court, to the person designated with the random distribution of the cases. The files assigned on complete randomly will be taken over by the president or one of the judges of the court panel, who will take the necessary measures for the purpose of preparing the judgment so as to ensure the expeditious settlement of cause. The citation must be handed to the defendant at least 5 days before the fixed term. If the defendant does not live in the country, the provisions of art. 237 237 para. 2. In the cases in which the defendant is sent to trial in custody, the judge provided in par. 2, upon receipt of the file fixes a term that, according to art. 300 ^ 1, may not be more than 48 hours, within which the citation is communicated together with a copy of the document instituting the court. " 153. In Article 316, paragraph 3 will read as follows: " When the judicial investigation does not confirm the accusation or when any of the cases of termination of the criminal proceedings provided in art. 10, the prosecutor asks, as the case may be, conclusions to acquit the defendant or to terminate the criminal proceedings. " 154. Article 322 will read as follows: "" Art. 322. -Start of judicial research The president orders the clerk to read or make a brief presentation of the document instituting the court, after which he explains to the defendant what the accusation is brought to him. At the same time, he notifies the defendant of the right to make no statement, drawing his attention that what he declares can also be used against him, as well as on the right to ask questions to the co-defendants, the other parties, witnesses, experts and to give explanations throughout the course of the judicial investigation, when it reckons that it is necessary. " 155. In Article 323, paragraphs 2 and 3 shall read as follows: " The defendant is left to show everything he knows about the act for which he was sent to court, then he can be asked questions by the president and directly by the other members of the panel, by the prosecutor, the injured party, the civil, the civilly responsible party, the other defendants and the defendant of the defendant whose obedience is made. The court may reject questions that are not conclusive and useful to the case. " 156. Article 331 will read as follows: "" Art. 331. -Postponement for new evidence If it follows from the court investigation that in order to clarify the facts or circumstances of the case it is necessary to administer new evidence, the court orders either to judge the case further or to postpone it. " 157. Article 332 will read as follows: "" Art. 332. -Restitution for the restoration of prosecution When it is found, before the end of the judicial investigation, that the court has carried out criminal investigation of an organ other than the competent one, the court shall waste and refund the case to the prosecutor, who shall proceed according to art. 268 268 para. 1. The case is not returned when the finding takes place after the start of the debates or when the court, following the judicial investigation, changes the legal framing of the deed in another crime for which the criminal investigation would have returned to another organ Research. The court shall waste and refund the case of the prosecutor for the restoration of the prosecution in case of non-compliance with the provisions regarding the competence according to the matter or after the quality of the person, the complaint of the court, the defendant and his assist by the defender. In cases where the refund is ordered, the court shall also rule on preventive measures, on the safety measures provided for in art. 113 and 114 of the Criminal Code, as well as on precautionary measures. Against the decision of waste can be appealed by the prosecutor and any person whose interests have been harmed by decision, in 3 days from the ruling, for those present, and from the communication, for the missing. The case is sent to the prosecutor immediately after the final stay of the judgment at the first instance or no later than 3 days after the appeal by the court of appeal. If the defendant is remanded in custody, the prosecutor proceeds according to the provisions of art. 156 156 and 159. " 158. Article 333 is repealed. 159. Article 335 will read as follows: "" Art. 335. --Extension of criminal action for other material acts If in the course of the judgment is discovered in the charge of the defendant given with regard to other material acts entering the content of the crime for which he was sent to trial, the court orders, by conclusion, the extension of the criminal action with regard and to these acts and proceed to the adjudication of the crime in her entire If on some of the acts entering the content of the same offence a final judgment was previously ruled, the court brings together the case with that in which the final judgment was given, ruling out a new ruling in relation to all the acts entering the content of the crime, and abolishing the previous judgment. The court is obliged to discuss the acts on which the extension was ordered, making application regarding the legal classification and the provisions of art. 334 334. " 160. Article 336 will read as follows: "" Art. 336. --Extension of criminal proceedings for other acts When in the course of the judgment the defendant is discovered in charge of the commission of another act provided by the criminal law, related to the crime for which he is sent to trial, the prosecutor can ask for the extension of the criminal trial and as regards this deed, and the court, as applicable: a) if the prosecutor declares that he is setting in motion the criminal action, the court, when he finds the founded request, proceeds to extend the criminal proceedings and to judge the case and on the deed discovered; b) if the prosecutor declares that he does not set in motion the criminal action, the court seizes, by conclusion, the criminal prosecution body competent for carrying out investigations on the act discovered. If the prosecutor does not participate in the judgment and the conditions provided in par. 1, the court shall automatically extend the criminal proceedings and proceed to the trial of the case in its entirety or, as the case may be, notice, by conclusion, the prosecuting body competent for carrying out investigations into the act discovered. Art. 335 335 para. 3 3 shall apply accordingly. '; 161. In Article 337, paragraph 2 will read as follows: "" Provisions art. 336 336 shall apply accordingly. '; 162. Article 338 is repealed. 163. In Article 346, paragraph 4 will read as follows: " The criminal court does not resolve the civil action when it pronounces the payment for the case 10 10 para. 1 lit. b) or when it pronounces the termination of the criminal proceedings for any of the cases 10 10 para. 1 lit. f) and j), as well as in case of withdrawal of the prior complaint. " 164. In Article 350, paragraphs 1 and 4 shall read as follows: "" Art. 350 The court has the obligation that, by decision, to rule on the taking, maintenance or revocation of the measure of preventive arrest of the defendant and on the taking or revocation of the measure of his obligation not to leave the locality or country, motivating the solution pronounced. ........................................................................... The decision rendered in the case of the previous paragraphs regarding the preventive arrest of the defendant or his obligation not to leave the locality or the country is enforceable. " 165. Article 351 will read as follows: "" Art. 351. -Execution in a military prison In the cases provided in art. 62 of the Criminal Code, the court, by the judgment of conviction, also rules on the execution of the prison sentence in a military prison. " 166. In Article 360, after paragraph 3, a new paragraph 4 is inserted, with the following contents: "If the court ordered the suspension of the execution of the sentence under supervision, a copy of the device of the judgment shall be communicated to the victim protection service and the social reintegration of the offenders." 167. Article 361, points a) and b) of paragraph 1 shall read as follows: " a) the sentences for the offences for which the setting in motion of the criminal action is made to the prior complaint of the injured person; b) the sentences handed down by the military courts on crimes against military order and discipline, sanctioned by law with the prison sentence of no more than 2 years; ". 168. In Article 361, point e) of paragraph 1, a new letter f) is inserted, with the following contents: "f) the sentences handed down in the matter of the execution of criminal decisions, as well as those concerning rehabilitation." 169. Article 362, points a), c), d) and e) of paragraph 1 shall read as follows: " a) the prosecutor, as regards the criminal side and the civil side. The appeal of the prosecutor in respect of the civil party is inadmissible in the absence of the appeal made by the civil party, unless the civil action is exercised ex officio; ........................................................................... c) the injured party, in relation to the criminal side; d) the civil party and the civilly responsible party, regarding the criminal side and the civil side; e) the witness, the expert, the interpreter and the defender, in respect of the legal expenses due to them; ". 170. In Article 365, paragraph 1 shall read as follows: "" Art. 365 The party that has been absent both at all times of judgment and at the ruling may declare appeal and beyond, but no later than 10 days from the date, as the case may be, of the commencement of the execution of the sentence or the commencement of the civil compensation. ' 171. In Article 377, paragraph 2 will read as follows: " If the prosecutor or the parties invokes the need to administer new evidence, they must indicate the evidence and the means of evidence with which they can be obtained. Art. 67 67 shall apply accordingly. '; 172. In Article 378, paragraphs 1 and 2 shall read as follows: "" Art. 378 The court checks the judgment under appeal on the basis of the works and the material in the case file, as well as any new evidence, administered before the appell In order to settle the appeal, the court may give a new assessment of the evidence administered before the first instance. ' 173. In Article 378, after paragraph 1, a new paragraph is inserted, paragraph 1 ^ 1, with the following contents: " On the occasion of the appeal, the court is obliged to proceed to hear the defendant present, according to the provisions contained in the Special Part, Title II, Chapter II, when he was not heard at the court of the fund, as well as then when the court of law did not rule against the defendant a judgment of conviction. " 174. Article 379, point b) of point 2 shall read as follows: " b) abolish the sentence of the first court and order the retrial by the court whose judgment was abolished, for the reason that the trial of the case at that court took place in the absence of an unlawful party cited or which, legally cited, was in impossibility to present himself and to let the court know about this impossibility. The retrial by the court whose decision has been abolished shall also be ordered when there are any of the cases of invalidity provided for in art. 197 197 para. 2 2, except in the case of non-competence, when the retrial is ordered by the competent court. " 175. Article 380 will read as follows: "" Art. 380. -complementary solutions If the decision is abolished because the existence of any of the cases provided for in art. 332 332 para. 2, the return of the case to the prosecutor is ordered to take measures in order to restore the prosecution. " 176. In Article 381, the marginal name shall read as follows: "Complementary issues" 177. In Article 383, after paragraph 1, a new paragraph is inserted, paragraph 1 ^ 1, with the following contents: "" Provisions art. 350 350 shall apply accordingly. '; 178. In Article 383, paragraph 4 is repealed. 179. In Article 385, paragraph 2 will read as follows: " If the ruling was abolished in the prosecutor's appeal, declared over the defendant or in the appeal of the injured party, the retrial court can also pronounce a punishment heavier than that shown in art. 372 372 para. 2 2 and art. 373 373. " 180. Article 385 ^ 1, points a) and b) of paragraph 1 shall read as follows: " a) the sentences handed down by the judges in the cases provided by law; b) the sentences handed down by the military courts in the case of crimes against military order and discipline, sanctioned by law with the prison sentence of no more than 2 years; ". 181. In Article 385 ^ 1, after point d) of paragraph 1, a new letter, letter d ^ 1) is inserted, with the following contents: "d ^ 1) the sentences on the offences for which the setting in motion of the criminal action is made to the prior complaint of the injured person;". 182. Article 385 ^ 1, letter e) of paragraph 1 shall read as follows: "e) decisions rendered, as courts of appeal, by courts, territorial military courts, appeals courts and the Military Court of Appeal." 183. In Article 385 ^ 1, by letter e) of paragraph 1, a new letter, letter f) is inserted, with the following contents: "f) the sentences handed down in the matter of the execution of criminal decisions, unless the law provides otherwise, as well as those concerning rehabilitation." 184. In Article 385 ^ 9, paragraphs 7 and 12 of paragraph 1 shall read as follows: " 7. the judgment was made without the preparation of the evaluation reference in cases with juvenile offenders; .......................................................................... 12. when the court delivered a judgment of conviction for a deed other than that for which the convict was sent to trial, except in the cases provided for in art. 334-337 334-337; '. 185. In Article 385 ^ 9, paragraph 17 ^ 1 of paragraph 1 is repealed. 186. In Article 385 ^ 9, paragraph 18 will read as follows: "" 18. when a serious error was committed in fact, having as a consequence the delivery of a wrong decision of acquittal or conviction; ". 187. In Article 385 ^ 9, paragraph 3 will read as follows: " The cases provided in par. 1 1 section 1-7, 10, 13, 14, 19 and 20 shall always be taken into account ex officio, and those of section 1. 11 11, 12, 15, 17 and 18 shall be taken into account ex officio only when they have influenced the judgment over the defendant. " 188. Article 385 ^ 12 will read as follows: "" Art. 385 385 ^ 12. -Written report The chairman of the appeal court, receiving the file, fixes the deadline for the appeal and can also delegate one of the judges who compose the trial panel to make a written report on the appeal. At the High Court of Cassation and Justice the report can be drawn up by a judge or an assistant magistrate. The report must include, in short, the subject matter of the trial, the solutions rendered by the courts and the facts retained by the last resort, in so far as they are necessary to resolve the appeal. The report must also contain comments with references, if appropriate, to domestic case-law, as well as to the case-law of the European Court of Human Rights, without showing the rapporteur's opinion. The report shall be indicated ex officio and the cases of scrapping shown in art. 385 ^ 9 para. 2. The report shall be submitted to the case file at least 5 days before the first judgment. " 189. In Article 385 ^ 14, paragraph 1 shall read as follows: "" Art. 385 385 ^ 14 The court shall verify the judgment under appeal on the basis of the work and material of the case and any new documents submitted to the court of appeal. ' 190. In Article 385 ^ 14, after paragraph 1, a new paragraph is inserted, paragraph 1 ^ 1, with the following contents: " On the occasion of the appeal, the court is obliged to proceed to hear the defendant present, according to the provisions contained in the Special Part, Title II, Chapter II, when he was not heard at the courts of substance and appeal, as well as when these courts have not ruled against the defendant a judgment of conviction. " 191. Article 385 ^ 15, points c) and d) of point 2 shall read as follows: " c) orders the retrial by the court whose decision has been scrapped, in the cases provided for in art. 385 ^ 9 para. 1 1 section 3-5 3-5, point 6 second sentence, section 2 7 7-10 and point 21, and the retrial by the competent court, in the case provided in art. 385 ^ 9 para. 1 1 section 1. When the appeal concerns both the judgment of the first court and the judgment of the appellate court, in case of admission and the disposition of the retrial by the court whose judgment was scrapped, the case shall be sent to the first instance, if both judgments were scrapped, and to the appellate court, when only its judgment was scrapped. If he admits the appeal declared against the decision rendered on appeal, the appeal court also abolishes the judgment of the first court, if the same violations of law are found as in the decision recurred. The High Court of Cassation and Justice, if it admits the appeal, when it is necessary to administer evidence, orders the retrial by the court whose decision was scrapped; d) orders the retrial by the court of appeal in the cases provided in art. 385 ^ 9 para. 1 1 section 11-20, as well as in the case provided in art. 385 ^ 16 para. 1 1. " 192. Article 385 ^ 16 will read as follows: "" Art. 385 385 ^ 16. -Solutions and complementary issues When the court of appeal scrapes the judgment and holds the case for retrial according to art. 385 385 ^ 15 pt. 2 lit. d), shall be pronounced by decision and on the evidence to be administered, setting the deadline for retrial. At the time fixed for the retrial, the court is obliged to proceed to hear the defendant present, according to the provisions contained in the Special Part, Title II, Chapter II, when he was not heard at the courts of substance and appeal, as well as when those courts did not rule against the defendant a sentencing ruling. Art. 380 380 and art. 381 381 shall apply accordingly. '; 193. In Article 385 ^ 17, after paragraph 5, a new paragraph 6 is inserted, with the following contents: "" Six. The part of the judgment which has not been scrapped shall remain final and shall become enforceable at the date of the decision of the appeal court 194. In Article 386, after letter d) a new letter is inserted, letter e), with the following contents: " e) when, at the judgment of the appeal or the retrial of the case by the appeal court, the present defendant was not heard and his obedience is mandatory according to art. 385 ^ 14 para. 1 ^ 1 times art. 385 ^ 16 para. 1 1. " 195. In Article 387, paragraph 2 will read as follows: " In the application for appeal for annulment for the reasons provided in art. 386 lit. a)-c) and e) must show all the cases of appeal that the objector may invoke and all the reasons given in their support. " 196. In Article 388, paragraph 1 shall read as follows: "" Art. 388 The appeal for annulment for the reasons shown in art. 386 lit. a)-c) and e) may be introduced by the person against whom the execution is made, at the latest in 10 days from the start of execution, and by the other parties, within 30 days from the date of delivery of the decision whose cancellation is required. " 197. In Article 389, paragraph 1 shall read as follows: "" Art. 389 Appeal for annulment for the cases provided for in art. 386 lit. a)-c) and e) shall be entered at the court of appeal which has delivered the judgment whose cancellation is required. " 198. In Article 391, paragraph 1 shall read as follows: "" Art. 391 The court examines the admissibility in principle of the application for appeal provided for in Article 386 lit. a)-c) and e), without citing the parties. " 199. Article 408 ^ 1 will read as follows: "" Art. 408 408 ^ 1. -Review of judgments of the European Court of Human Rights Final judgments in cases where the European Court of Human Rights has found a breach of a right provided for by the European Convention for the Protection of Human Rights and Fundamental Freedoms may be subject to review, if the serious consequences of this infringement continue to occur and can only be remedied by the review of the judgment. I can ask for review a) the person whose right has been violated; b) the husband and close relatives of the convict, even after his death; c) prosecutor. The application for review is introduced at the High Court of Cassation and Justice, which judges the request in full of 9 judges. The request for review may be made within one year from the date of the final stay of the judgment of the European Court of Human Rights. After the referral, the court may order, ex officio, at the prosecutor's proposal or at the request of the party, the suspension of The prosecutor's participation is mandatory When judging the request for review, the parties shall be quoted. The arrested party is brought to trial. When the parties are present at the adjudication of the request for review, their conclusions are also The court shall examine the application on the basis of the documents of the case When the court finds that the request is belated, inadmissible or unfounded, it rejects it. When the court finds that the application is founded a) abolish, in part, the judgment under appeal in respect of the infringed right and, rejudging the case, with the application of the provisions of Chapter III, Section II, b) abolish the judgment and, when the administration of evidence is necessary, orders the retrial by the court before which the violation of the right occurred, applying the provisions of Chapter III, Section II. The decision rendered by the High Court of Cassation and Justice shall not be subject to any appeal. " 200. Article 414 ^ 2 will read as follows: "" Art. 414 414 ^ 2. --Appeal in the interest of law The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, directly, or the Minister of Justice, through the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, as well as the leading colleges of the courts of appeal and the prosecutor's offices in addition have the obligation, in order to ensure the unitary interpretation and application of criminal laws and criminal procedure throughout the country, to ask the High Court of Cassation and Justice to rule on questions of law that have received a different settlement from the courts Court. Applications for appeal in the interest of the law shall be settled by the united sections of the High Court of Cassation and Justice, which shall rule by decision. The decisions shall be published in the Official Gazette of Romania, Part I, as well as on the website of the High Court of Cassation and Justice. They are also known to the courts and the Ministry of Justice. The solutions are pronounced only in the interest of the law, they have no effect on the judicial decisions examined nor on the situation of the parties in those processes. The unbundling of the issues of law shall be binding on the courts. " 201. In Article 418, paragraphs 3 and 4 shall read as follows: " When the judgment remains final before the superior hierarchical court, it shall send the executing court an extract from that judgment, with the data necessary for the execution, on the day of delivery of the judgment by the superior hierarchical court. The provisions of the preceding paragraphs shall also apply to non-final decisions, but enforceable, with the exception of those concerning preventive measures which shall be enforced by the court which ordered them. " 202. Article 420 will read as follows: "" Art. 420. --Enforcement of prison sentence or life imprisonment The prison sentence and the sentence of life imprisonment shall be enforced by issuing the execution warrant. The execution warrant shall be issued by the delegated judge of the executing court on the day of the final stay of the decision at the court or, as the case may be, on the day of receipt of the extract provided 418 418 para. 3, shall be drawn up in three copies and shall include: the name of the executing court, the date of issue, the data relating to the person of the convict provided for in 70, the number and date of the decision that is executed and the name of the court that pronounced it, the sentence handed down and the text of the law applied, the time of detention and the preventive arrest that has been deducted from the duration of the sentence, the mention recidivist, the arrest and holding order, the signature of the delegated judge, as well as the stamp of the enforcement court. If the convicted person is in a state of freedom, with the issuance of the warrant for the execution of the prison sentence or the sentence of detention for life, the delegated judge also issues an order prohibiting the convict from leaving the country. The order shall be drawn up in three copies and shall include: the name of the executing court, the date of issue, the data on the person of the convict provided for in 70, the sentence handed down against him, the number and the date of the sentencing decision, the name of the court that pronounced it, the number of the warrant for the execution of the sentence issued on behalf of the convict, the provision for the prohibition of the the delegated judge, and the stamp of the executing court. ' 203. Article 421 will read as follows: "" Art. 421. -Sending for execution the mandate of execution of the sentence and the order prohibiting the leaving of the country In order to carry out the execution warrant, two copies shall be sent, as the case may be, to the police body, when the convict is free, to the commanding officer of the holding place, when the convict is arrested, or to the commander of the military unit where The convict does military service. In order to comply with the order prohibiting the leaving of the country, it is immediately sent a copy to the competent body to issue the passport and the General Inspectorate of the Border Police. If the convicted person is in a state of freedom, the enforcement bodies provided in par. 1 and 2 have the obligation to take the measures provided by law in order to implement the mandate of execution of the sentence and the order prohibiting the leaving of the country, on the day of their receipt. " 204. In Article 422, the marginal name shall read as follows: "Execution of the warrant for the execution of the sentence and the order prohibiting the leaving of the country" 205. In Article 422, after paragraph 1, a new paragraph is inserted, paragraph 1 ^ 1, with the following contents: " In order to enforce the mandate issued in the execution of a final judgment of conviction, the police body may enter the domicile or residence of a person without its consent, as well as in the premises of a legal person without Invoking its legal representative. ' 206. In Article 422, paragraph 3 will read as follows: " If the person against whom the mandate has been issued is not found, the police body finds it through a report and takes measures for the prosecution, as well as for the record at the border crossing points. A copy of the minutes together with a copy of the executing warrant shall be sent to the court which issued the warrant. ' 207. In Article 422, after paragraph 7, a new paragraph, paragraph 7, is inserted, with the following contents: "On the basis of the order prohibiting the leaving of the country, the bodies in law shall refuse to the convicted person the issuance of the passport or, as the case may be, proceed to its erection and shall take measures for the giving of the convict at the border crossing points." 208. In Article 425, paragraph 3 will read as follows: " In case of non-fulfilment of the obligation within the period shown in paragraph 1 or non-payment of a rate, the executing court shall communicate an extract from that part of the device that concerns the application of the fine of the competent bodies, in order to execute the fine according to the legal provisions on forced execution of tax claims and the procedure laid down in those provisions. '; 209. In Article 425, paragraphs 4 and 5 are repealed. 210. In Article 429, after paragraph 1, a new paragraph is inserted, paragraph 1 ^ 1, with the following contents: " When taking the measure of the obligation to medical treatment, the person to whom the measure refers has the right to ask to be examined by a specialist doctor appointed by it, whose conclusions are submitted to the court, and on the date of stay definitive of the decision, and the health department provided in par. 1 1. " 211. In Article 431, paragraph 1 shall read as follows: "" Art. 431 Receiving the communication, the enforcement court or the court provided in art. 430 430 para. 2 order a forensic report on the health of the person against whom the safety measure is taken. " 212. In Article 431, after paragraph 1, three new paragraphs are inserted, paragraphs 1 ^ 1-1 and 3, with the following contents: " The person obliged to medical treatment has the right to ask to be examined by a specialist doctor appointed by him, whose conclusions are submitted to the court provided in par. 1. After receiving the forensic report and the conclusions of the specialist doctor provided in par. 1 ^ 1, the court hears the conclusions of the prosecutor, of the person against whom the safety measure is taken and its defender, as well as of the expert and the specialist doctor, when he considers it necessary, having either the replacement of the treatment, or medical admission. If the person to whom the safety measure has been taken does not have a defender, a public defender shall be provided. " 213. In Article 432, after paragraph 1, three new paragraphs are inserted, paragraphs 2-4, with the following contents: " When taking the measure of medical admission, the person to whom the measure refers has the right to ask to be examined by a specialist doctor appointed by it, whose conclusions are submitted to the court, and on the date of the final stay of the decision, and the health department provided in paragraph 1. The delegated judge of the court of execution shall communicate to the judge in whose constituency the health unit at which the date on which the admission was made was made, in order to take into account. After receiving the communication, the judge delegate of the court in whose constituency the health unit is located checks periodically, but not later than 6 months, if the medical admission is still necessary. To this end, the delegated judge orders the conduct of a forensic report on the health of the person against whom the measure of medical admission was taken and, after receiving it, notifies the judge in whose constituency he find out the health facility to order the maintenance, replacement or termination of the measure. " 214. Article 434 will read as follows: "" Art. 434. -Maintain, replace or terminate the measure of medical admission The Court, after receiving the complaint of the delegated judge or the knowledge provided in art. 433 433 para. 2, listening to the conclusions of the prosecutor, of the person to whom the measure of admission is taken, when bringing it to the court is possible, and of his defender, as well as of the expert who drew up the forensic report, then when it considers it necessary, it has, where appropriate, the maintenance of medical admission, its termination or replacement with the measure of compulsory medical treatment. The termination or replacement of the admission measure can also be requested by the person admitted or the prosecutor. In this case, the court orders the forensic report to be carried out. Art. 431 431 para. 1 1 ^ 1 shall apply accordingly. If the person admitted does not have a defender, a public defender shall be provided. A copy of the final decision ordering the maintenance, replacement or termination of the medical admission shall be communicated to the executing court. " 215. Article 437 will read as follows: "" Art. 437. -Revocation of safety measures Person on whom one of the measures provided for in art. 115 and 116 of the Criminal Code can ask the appropriate court in the degree of the enforcement court in whose constituency it lives, the revocation of the measure, when the grounds that imposed its taking have ceased. The revocation can also be requested by the prosecutor. The settlement of the application is made with the citation of the person against whom the measure is taken, after hearing the conclusions of its defender and the prosecutor. " 216. In Article 450, paragraph 2 will read as follows: " When the court finds that the conditions for granting conditional release are not met, the rejection decision fixes the deadline after the expiry of which the proposal or application can be renewed. The term cannot be more than one year and flows from the final stay of the judgment. " 217. In Article 453, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " The request may be withdrawn by the one who formulated it. In the cases provided in par. 1 lit. a) and b), the decisions ordering the postponement of the execution of the sentence shall be enforceable from the date of delivery. " 218. In Article 454, paragraph 2 will read as follows: " The enforcement court shall keep records of the deferrals granted and, upon expiry of the period, take measures to issue the execution mandate, and if the mandate has been issued, take measures to bring it to fruition. If a deadline has not been set, the executing judge of the enforcement court is obliged to regularly check whether the more subsisting case that led to the postponement of the execution of the sentence, and when he finds that it has ceased, to take steps to issue the execution warrant or, as the case may be, for its fulfilment. " 219. In Article 457, after paragraph 2, a new paragraph is inserted, paragraph 2 ^ 1, with the following contents: "" Provisions art. 454 454 para. 2 2 the second sentence shall apply accordingly. ' 220. In Article 470, paragraph 2 will read as follows: "When the prosecutor orders the prosecution, he prepares the indictment and immediately submits the case file to the court." 221. In Article 479, paragraph 2 will read as follows: " In the case of crimes for which the setting in motion of the criminal action is made only to the prior complaint of the injured person, if they are flagrant and committed under the conditions provided in art. 466, the finding of their commission is mandatory and is made according to art. 467 467. The tracking and trial procedure provided for in this chapter applies only if the injured person has entered within 24 hours of the commission of the flagrant crime the prior complaint to the criminal prosecution body. To this end, the injured person is called and asked by the prosecution body if he understands to make a complaint within the above term shown. " 222. Under Title IV of the Special Partion, a new chapter, Chapter I ^ 1 and Articles 479 ^ 1-479 ^ 15, shall be inserted after Chapter I, with the following contents: "" CHAPTER I ^ 1 Procedure for the criminal liability of the legal person Art. 479 ^ 1. -General provisions The provisions of the Code of Criminal Procedure shall also apply to crimes committed by legal entities, with the additions and derogations provided for in this chapter. Art. 479 ^ 2. -Subject matter and exercise of criminal proceedings The criminal action has as its object the criminal liability of legal persons who committed crimes. The legal person is represented in the performance of procedural and procedural acts by his legal representative. If for the same act or for related facts the prosecution has begun and against the legal representative of the legal person, it appoints a trustee to represent it. In the case provided in par. 3, if the legal person does not appoint a trustee, he is designated by the prosecution body or the court among the insolvency practitioners, authorized according to the law. Insolvency practitioners appointed according to par. 4 the provisions of art. 190 190 para. 1 1, 2 and 4-6. Art. 479 ^ 3. -Territorial competence The territorial competence is determined by: a) the place where the offence was committed; b) the place where the legal entity is located; c) the place where the injured person lives or where it is based. Art. 479 ^ 4. --Citation The legal person shall be quoted by his legal representative, at the headquarters of the legal person or, as the case may be, by trustee at his home or by the insolvency practitioner appointed as a trustee at its headquarters. Art. 479 ^ 5. -preventive measures The judge, in the course of the prosecution, at the prosecutor's proposal, or the court, in the course of the judgment, may order, if there are thorough grounds justifying the reasonable assumption that the legal person has committed an act provided for by the criminal law and only to ensure the smooth conduct of the criminal proceedings, one or more of the following preventive measures: a) suspension of the procedure of dissolution or liquidation of the legal person; b) suspension of the merger, division or reduction of the share capital of the legal person; c) prohibition of specific patrimonial operations, likely to train the significant reduction of the patrimonial asset or insolvency of the legal person; d) prohibition to conclude certain legal acts, established by the judicial body; e) prohibition to carry out activities of the nature of the incumbent or on the occasion of which the offence was committed. In order to ensure compliance with the measures provided in paragraph 1 lit. a)-e), the court may compel the legal person to deposit a security consisting of a sum of money or other values fixed by the judicial body. The amount of bail cannot be less than 5,000 lei. The bail shall be returned on the date of the final stay of the judgment of the conviction in question, if the legal person has complied with the preventive measures, as well as if, by final decision, the payment of the legal person has been ordered or ending the criminal proceedings against it. If a non-referral solution has been ordered against the legal person, the refund of the bail shall be ordered by the prosecutor. The bail shall not be returned in case of non-compliance by the legal person with the preventive measures, making income to the state budget at the date of final stay of the sentencing decision. Preventive measures provided in par. 1 may be ordered for a period of no more than 60 days, with the possibility of extension, if the grounds that determined their taking are maintained, each extension not exceeding 60 days. In the course of the prosecution, the preventive measures are ordered by the judge, by reasoned conclusion given in the council chamber, with the citation of the legal The prosecutor's participation is mandatory The conclusion can be appealed in 3 days after the ruling, for those present, and from the communication, for the missing. Preventive measures shall be revoked, ex officio or on request, when there are no more grounds justifying their maintenance. Provisions of paragraph 4 4-6 shall apply accordingly. Against the representative of the legal person or his trustee, the measures provided for in art. 183 183 and art. 198 198 para. 2, and to the insolvency practitioner, the measure provided for in art. 198 198 para. 2. Art. 479 ^ 6. --precautionary measures Against the legal person, precautionary measures can be taken, in order to ensure special confiscation, repair the damage caused by the crime, as well as to guarantee the execution of the sentence of the fine. Art. 479 ^ 7. -Information procedure The judicial body shall communicate to the body that authorized the establishment of the legal person and the body that registered the legal person the start of the prosecution, the setting in motion of the criminal action and the prosecution of the legal person, on the arrangement of these measures, with a view to making the appropriate particulars. The organs referred to in paragraph 1 are obliged to communicate to the judicial body, within 24 hours from the date of registration, in certified copy, any mention recorded by them regarding the legal person. The legal person is obliged to communicate to the judicial body, within 24 hours, the intention of merger, division, dissolution, reorganization, liquidation or reduction of the share capital. Failure to meet or delay the obligations provided in par. 2 and 3 constitute judicial misconduct and are sanctioned with a judicial fine from 500 lei to 5,000 lei. Art. 479 ^ 8. -Prohibition of merger, division, reduction of the share capital, dissolution or liquidation After the final stay of the judgment of conviction and until the execution of the penalties imposed on the legal person, it cannot be initiated the merger, division, dissolution or liquidation of it. Art. 479 ^ 9. --Implementation of the penalty of fine The legal person sentenced to the penalty of the fine is obliged to submit the full payment receipt of the fine to the enforcement court, within 3 months from the final stay of the sentencing decision. When the convicted legal person finds himself unable to pay the full fine within the period provided in par. 1, the enforcement court, at its request, may order the payment of the fine for no more than 2 years, in monthly installments. In case of non-fulfilment of the obligation to pay the fine within the time period shown in par. 1 or non-payment of a rate, the executing court shall communicate an extract from that part of the device which concerns the application of the fine of the competent bodies, in order to execute it, according to the legal provisions on the enforcement of tax receivables and the procedure laid down in those provisions. Art. 479 ^ 10. --Implementation of the complementary punishment of the dissolution of the legal person A copy of the judgment of the judgment on which the dissolution of the legal person has been suspended shall be communicated, at the date of final stay, to the competent civil court, which opens the liquidation procedure and designates the liquidator of the among insolvency practitioners authorized according to the law. The remuneration of the liquidator is made from the estate of the legal person or, in case of lack thereof, from the liquidation fund constituted according to A copy of the device of the sentencing decision shall be communicated, at the date of final stay, to the body that authorized the establishment of the legal person and the body that registered the legal person, in order to take the necessary measures. Art. 479 ^ 11. -Implementation of the complementary punishment of the suspension of the activity or of one of the activities of the A copy of the device of the sentencing decision applying the sentence of suspension of the activity or of one of the activities of the legal person shall be communicated, on the date of final stay, to the body that authorized the establishment of the person the legal person and body who registered the legal person, to take the necessary measures. Art. 479 ^ 12. -Implement the complementary punishment of the prohibition to participate in public procurement procedures A copy of the device of the sentencing decision that applied to the legal person the prohibition of participating in public procurement procedures shall be communicated, at the date of final stay: a) the Trade Register Office, in order to carry out advertising formalities in the commercial register; b) to the Ministry of Justice, in order to carry out advertising formalities in the national register of legal entities without patrimonial purpose; c) other authorities that keep records of legal entities, in order to carry out advertising formalities. A copy from the device of the sentencing decision that applied to the legal person the prohibition to participate in public procurement procedures shall be communicated, at the date of final stay, to the body that authorized the establishment the legal person and the body that registered the legal person, in order to take the necessary measures. Art. 479 ^ 13. -Implementation of the complementary punishment of the closure of some working points A copy of the device of the judgment of conviction which applied to the legal person the punishment of the closure of some working points shall be communicated, on the date of final stay, to the body that authorized the establishment of the legal person and the body that registered legal person, to take the necessary measures. Art. 479 ^ 14. -Implementation of the complementary punishment of the display or the dissemination of the sentencing decision An extract of the sentencing decision shall be communicated, at the date of final stay, to the convicted legal person, in order to display it in the form, place and for the period set by the court. An extract of the judgment of conviction shall be communicated, at the date of final stay, to the convicted legal person, in order to ensure the dissemination of the judgment in the form established by the court, through the written or audiovisual media or by other means of audiovisual communication, designated by the court. The convicted person submits to the executing court proof of commencement of execution of the display or, as the case may be, proof of execution of the publication of the sentencing judgment, within 30 days of the communication of the judgment, but not later than commencement of execution or, where applicable, execution. A copy of the judgment of conviction, in its entirety, or an extract thereof shall be communicated, on the date of final stay, to the body which authorized the establishment of the legal person and the body which registered the legal person, to take the measures necessary. Art. 479 ^ 15. -Supervision of the execution of complementary punishments applied to In case of non-execution in bad faith of the complementary penalties imposed on the legal person, the executing court applies the provisions of art. 71 ^ 2 para. 2 or, as appropriate, art. 71 ^ 3 para. 2 times 3 of the Criminal Code. The complaint of the court is made ex officio, by the delegated judge of the court of execution or by the bodies to which the final judgment of conviction of the legal person was communicated, according to art. 479 ^ 11-479 ^ 14. The legal person is cited in court. The prosecutor's participation is mandatory After the prosecutor's conclusions and the hearing of the convicted legal person, the court rules by sentence. " 223. In Article 481, paragraph 1 shall read as follows: "" Art. 481 When the accused or the defendant is a minor who has not turned 16, to any obedience or confrontation of the minor, if the prosecuting body considers it necessary, quotes the Victims Protection Service and social reintegration of the offenders from the minor's home, as well as the parents, and when appropriate, to the guardian, curator or person in the care or supervision of which the minor is located. " 224. Article 482 will read as follows: Article 482. -Obligation of the evaluation reference In cases with juvenile offenders, the prosecution body or the court has the obligation to order the assessment of the evaluation by the Victims Protection Service and the social reintegration of the offenders at the home minor, according to the law. The evaluation reference is intended to provide the judicial body with data on the person of the minor and the prospects for its social reintegration. The data on the person of the minor refers to: a) the physical state and psychological profile of the minor; b) the intellectual and moral development of the minor; c) the family and social environment in which the minor lived and developed; d) factors that influence the conduct of the minor and who have favored his criminal behavior; e) the criminal background of the minor; f) the minor's behaviour before and after the act. When drawing up the evaluation reference, the victim protection and social reintegration service of offenders can consult the minor's family doctor, its teachers, as well as any other people who can provide data about the person the minor. " 225. In Article 483, paragraph 3 will read as follows: "The defendant who committed the crime during the time when he was a minor is judged according to the special procedural provisions regarding minors." 226. In Article 484, paragraph 2 will read as follows: " At the trial of the case is cited, apart from the parties, the Victims Protection Service and the social reintegration of the offenders at the minor's home, his parents or, as the case may be, the guardian, the curator, the person in the care or supervision to which the minor is located, as well as other persons whose presence is deemed necessary by the court. " 227. Article 486 will read as follows: "" Art. 486. -Juvenile defendants with major When in the same case there are several defendants, some of whom minors and others major, the court judges in the composition provided in art. 483 and after the usual procedure, however, applying the provisions contained in this chapter to the minor defendants. " 228. Article 507 will read as follows: "" Art. 507. --Action in setback If the repair of the damage was granted according to art. 506, as well as in the situation in which the Romanian state was convicted by an international court, the action in regression against the one who, in bad faith or from gross negligence, caused the situation generating damage, is mandatory. " + Article II (1) Article 22 ^ 1 of Government Emergency Ordinance no. 43/2002 on the National Anti-Corruption Directorate, published in the Official Gazette of Romania, Part I, no. 244 of 11 April 2002, approved with amendments and additions by Law no. 503/2002 , as amended and supplemented, shall be repealed. (2) (1), (2) and (3) of Article 20 of the Law no. 508/2004 on the establishment, organization and functioning within the Public Ministry of the Directorate for Investigation of Organized Crime and Terrorism, published in the Official Gazette of Romania, Part I, no. 1.089 of 23 November 2004, as amended and supplemented, shall be repealed. ((3) Letter h) of Article 99 of the Law no. 303/2004 on the status of judges and prosecutors, republished, as amended, will read as follows: "h) exercise of office, including non-compliance with procedural rules, in bad faith or gross negligence, if the act does not constitute a crime;". + Article III (1) The present law shall enter into force 30 days after the publication in the Official Gazette of Romania, Part I, and the provisions on the legal person, on the date of entry into force of the corresponding norms of the Criminal Code. (2) Causes pending criminal prosecution or trial at the prosecutor's offices or military courts on the date of entry into force of this law, given in the jurisdiction of prosecutors or civil courts, will continue to be pursued or tried by Parquet or military courts. (3) Causes pending on the date of entry into force of this law will continue to be judged by the competent courts, according to the provisions previously applicable to this data. In case of admission of the appeal or appeal, if the abolition or, as the case may be, the scrapping of the judgment and the retrial of the case, it will be judged by the competent court, according to the present law. (4) Causes pending criminal prosecution on the date of entry into force of this law will be pursued by the competent prosecution bodies according to this law. Acts and works carried out according to the previous law, until the date of entry into force of this law, remain valid. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 21, 2006. No. 356. ---------