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Law No. 221 Of 2 June 2009 On Convictions Of Political And Administrative Measures Treated As Such, Handed Down During The Period 6 March 1945-22 December 1989

Original Language Title:  LEGE nr. 221 din 2 iunie 2009 privind condamnările cu caracter politic şi măsurile administrative asimilate acestora, pronunţate în perioada 6 martie 1945 - 22 decembrie 1989

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LEGE no. 221 221 of 2 June 2009 (* updated *) on political convictions and administrative measures assimilated to them, delivered from 6 March 1945 to 22 December 1989 ((updated until 14 March 2013 *)
ISSUER PARLIAMENT




------------ The Romanian Parliament adopts this law + Article 1 (1) It constitutes a conviction of a political nature any conviction ordered by a final court decision, delivered between March 6, 1945 and December 22, 1989, for acts committed before March 6, 1945 or after this date and which were aimed at resisting the totalitarian regime established on March 6, 1945. (2) It constitutes as political convictions the convictions handed down for the facts provided for in: a) art. 185-187, 190, 191, 193 ^ 1, 194, 194 ^ 1-194 ^ 4, 196 ^ 1, 197, 207-209, 209 ^ 1-209 ^ 4, 210-218, 218 ^ 1, 219-222, 224, 225, 227, 227 ^ 1, 228, 228 ^ 1, 229, 230, 231 ^ 1, 258-261, 267, 268 ^ 7, 268 ^ 8, 268 ^ 12, 268 ^ 14, 268 ^ 29, 268 ^ 30, art. 284 last paragraph, art. 323-329, 349, 350 and 578 ^ 6 of the 1936 Criminal Code, republished in the Official Gazette, Part I, no. 48 of 2 February 1948, with subsequent amendments and completions; b) repealed; ---------- Lit. b) a par. ((2) of art. 1 1 has been repealed by art. unique from LAW no. 42 42 of 8 March 2013 published in MONITORUL OFFICIAL no. 129 129 of 11 March 2013. c) Law no. 190/1947 for the port and sale of firearms, published in the Official Gazette no. 134 134 of 16 June 1947; d) Decree no. 212/1948 to complete the penalties on certain crimes that interest the inner and outer safety of the Romanian People's Republic, published in the Official Gazette no. 196 196 of 25 August 1948; e) art. 4 4 and 5 of Decree no. 83/1949 to supplement some of the provisions of Law no. 187/1945 , published in the Official Bulletin no. 1 1 of 2 March 1949; f) art. 2 lit. a), b), d) and e), art. 3 lit. a), b), f), g) and h) and art. 4 4 of Decree no. 183/1949 for sanctioning economic crimes, published in the Official Bulletin no. 25 25 of 30 April 1949; g) Law no. 16/1949 for sanctioning crimes that receive the security of the State and propasing the national economy, published in the Official Gazette no. 12 12 of 15 January 1949; h) Decree no. 163/1950 for the possession, port and sale of weapons and ammunition, as well as the transport of explosives, published in the Official Bulletin no. 54 54 of 26 June 1950; i) Decree no. 199/1950 for amendment Law no. 16/1949 for sanctioning crimes that receive the security of the State and propasing the national economy, published in the Official Bulletin no. 68 68 of 12 August 1950; j) art. 166 166 para. 2 2, art. 237 237 and art. 238 of the Criminal Code of 1968, published in the Official Bulletin no. 79 bis of 21 June 1968. (3) It also constitutes a conviction of a political nature and the conviction handed down between March 6, 1945 and December 22, 1989 for any other acts provided for by the criminal law, if one of the aims was pursued by their commission. art. 2 2 para. (1) of Government Emergency Ordinance no. 214/1999 on the granting of the quality of fighter in the anti-communist resistance to persons convicted of crimes committed for political reasons, to persons against whom abusive administrative measures have been ordered, for political reasons, and persons who participated in actions to resist with weapons and to overthrow by force the communist regime established in Romania, approved with amendments and completions by Law no. 568/2001 , with subsequent amendments and completions. (4) The political character of the convictions provided in par. (3) is found by the court, under the conditions provided in art. 4. + Article 2 All the effects of the judicial decisions on political conviction provided for in art. 1 1 are removed by law. These judgments cannot be relied upon against persons who have been their subject. + Article 3 It constitutes a political administrative measure of any measure taken by the organs of the former militia or security, having as object the dislocation and establishment of mandatory domicile, admission to units and labor colonies, establishment of work mandatory, if they were based on one or more of the following normative acts: a) Decree no. 6 6 of 14 January 1950 , Decree no. 60 60 of 10 March 1950 , Decree no. 257 257 of 3 July 1952 , Decree no. 258 258 of 22 August 1952 , Decree no. 77 77 of 11 March 1954 and Decree no. 89 89 of 17 February 1958 ; b) Decision of the Council of Ministers no. 2/1950 , Decision of the Council of Ministers no. 1.154 1.154 of 26 October 1950 , Decision of the Council of Ministers no. 344 344 of 15 March 1951 , Decision of the Council of Ministers no. 326/1951 , Decision of the Council of Ministers no. 1.554 1.554 of 22 August 1952 , Decision of the Council of Ministers no. 337 337 of 11 March 1954 , Decision of the Council of Ministers no. 237 237 of 12 February 1957 , Decision of the Council of Ministers no. 282 282 of 5 March 1958 and Decision of the Council of Ministers no. 1.108 1.108 of 2 August 1960 ; c) Order no. 100/Cabinet of April 3, 1950 of the General Directorate of People's Security; d) Order no. 5/Cabinet/1948 , Order no. 26.500/Cabinet/1948 , Order no. 490 /Cabinet/1952 and Order no. 8/20/Cabinet/1952 the Ministry of Internal Affairs; e) decisions no. 200/1951 ,, No. 239/1952 239/1952 and No. of 744/1952 Ministry of Internal Affairs; f) Order no. 838 838 of 4 December 1952 Ministry of State Security. + Article 4 (1) Persons convicted criminally between March 6, 1945 and December 22, 1989 for acts other than those provided for in art. 1 1 para. (2) may request the court to find the political character of their conviction, according to art. 1 1 para. ((3). The application may also be introduced after the death of the person, by any natural or legal person interested or, ex officio, by the prosecutor's office of the court in the constituency of which the person concerned domiciles (2) Persons who have been the subject of administrative measures, other than those provided for in art. 3, may also ask the court to find their political character. Art. 1 1 para. ((3) shall apply accordingly. (3) The court is obliged to take all measures to obtain or, as the case may be, the reconstitution of the case in which the conviction judgment was delivered, including by requesting the view of the Association of Former Political Prisoners from Romania. (4) The application is unforeseeable, being exempt from stamp duty, and the jurisdiction of settlement belongs to the tribunal, the civil section, in the constituency of which the person concerned is domiciled. The request is judged in contradiction with the state, represented by the Ministry of Public Finance. (5) The judgment of these requests is made with the mandatory participation of the prosecutor. (6) The judgment given according to paragraph (4) is subject to appeal, which is within the jurisdiction of the appellate court. -------------- Alin. ((6) of art. 4 4 has been introduced by section 1 1 of art. XIII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. + Article 5 (1) Any person who suffered political convictions during the period from 6 March 1945 to 22 December 1989 or who was the subject of administrative measures of a political nature, as well as, after the death of that person, his or her it up to the second degree including may request the court provided for in art. 4 4 para. (4), within 3 years from the date of entry into force of this Law, the obligation of the state to: -------------- The introductory part of para. ((1) of art. 5 5 has been amended by section 4.2 2 2 of art. XIII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. a) terminated applicability; b) the award of damages representing the equivalent of the value of the assets confiscated by judgment of conviction or as an effect of the administrative measure, if the respective goods were not returned to him or obtained compensation by equivalent in conditions Law no. 10/2001 on the legal regime of immovable property improperly taken from March 6, 1945 to December 22, 1989, republished, with subsequent amendments and completions, or of Law no. 247/2005 on reform in the areas of property and justice, as well as some adjacent measures, with subsequent amendments and completions; c) reinstatement, if by the court order of conviction was ordered the revocation of rights or military degradation. ((1 ^ 1) When determining the amount of compensation provided in par. (1), the court will consider, without limitation, the duration of the custodial sentence, the period of time since the conviction and the negative consequences produced in physical, mental and social terms, as well as the measures repairers already granted under Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons by the established dictatorship with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, republished, and Government Emergency Ordinance no. 214/1999 on the granting of the quality of fighter in the anti-communist resistance to persons convicted of crimes committed for political reasons against whom, for political reasons, abusive administrative measures were ordered, as well as persons who participated in actions to resist with weapons and to overthrow by force the communist regime established in Romania, approved with amendments and completions by Law no. 568/2001 , with subsequent amendments and completions. ------------ Alin. ((1 ^ 1) of art. 5 5 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 62 62 of 30 June 2010 , published in MONITORUL OFFICIAL no. 446 446 of 1 July 2010. (2) The judicial decisions rendered pursuant to the provisions of par. ((1) lit. a) and b) are subject to the appeal, which is within the competence of the court of appeal, and are executed by the Ministry of Public Finance, by the general directions of the county public finances, respectively of the city of Bucharest. -------------- Alin. ((2) of art. 5 5 has been amended by section 3 3 of art. XIII of LAW no. 202 202 of 25 October 2010 , published in MONITORUL OFFICIAL no. 714 714 of 26 October 2010. (3) Applications referred to in par. ((1) are exempt from stamp duty. (4) The present law also applies to persons who have been recognized the rights provided by Decree-Law no. 118/1990 , republished, with subsequent amendments and completions, to persons who have been recognized as a fighter in anti-communist resistance, according to Government Emergency Ordinance no. 214/1999 , approved with amendments and additions by Law no. 568/2001 , with subsequent amendments and completions, in so far as it falls within the provisions of art. 1, 3 and 4, as well as to persons who were convicted by court decisions for the commission of crimes referred to this law and who obtained the abolition, cancellation or scrapping of sentencing decisions, as a result of the exercise of extraordinary remedies, until the date of entry into force of this law, provided that the rights provided in par. ((1) lit. a), b) or c). (5) The granting of compensation under the conditions provided in par. ((1) lit. b) draws an end to the right of the procedures for settling the notifications submitted according to Law no. 10/2001 , republished, with subsequent amendments and completions, or Law no. 247/2005 , with subsequent amendments and completions. + Article 6 The political nature of the convictions provided for by this law will be mentioned on the judicial decisions by which such convictions have been handed down, if a copy is issued from them. + Article 7 The provisions of this law do not apply to persons convicted of crimes against humanity and convicted persons for carrying out an activity to promote racist and xenophobic ideas, conceptions or doctrines, such as hatred or violence on ethnic, racial or religious grounds, the superiority of some races and the inferiority of others, anti-Semitism, incitement to xenophobia. + Article 8 Article 9 of the Law no. 290/2004 on the criminal record, published in the Official Gazette of Romania, Part I, no. 586 of June 30, 2004, with subsequent amendments and completions, letter c) is amended and shall read as follows: "c) amnesty, pardon, prescription of execution of sentence, rehabilitation, political character of conviction;". 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, June 2, 2009. No. 221. ------